Legal Question in Real Estate Law in Illinois

We bought condo as a second residency in 2011. My mother also lives there. There were no problems till a month ago when we were fined $1000 because the condo board claims that it is not our primary residence. Their bylaws do not allow leasing, but do not specify that it should be primary residence. Their lawyer claimed that it was the meaning of the law. What should we do? We do spend a significant time there with my mother and all utility bills are in my name.


Asked on 3/28/17, 8:43 am

1 Answer from Attorneys
Stephen Messutta

Part of the purchase process is to have someone review condo documents, including occupancy restrictions. If you go ahead and close you're stuck with them. However, I've never heard of a "primary" vs. "secondary" home restriction. I've heard of owner occupancy restrictions, and leasing restrictions that limit it totally, or to certain family members, etc. So what you need to do is have a condo law attorney look at the declaration, bylaws, rules, and understand who lives there, in order to help.

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Answered on 3/28/17, 4:08 pm


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