Legal Question in Real Estate Law in Illinois

How do I change a condo bylaw for my HOA? I live in a 3 unit condo building in which we are all homeowners. There is currently a law that states that no one can have a dog that is more than 15 lbs. We would like to change the bylaw to state either a different poundage or to exclude certain breeds (rottweilers, etc).

Do we need to take a vote and then sign something? Do we need an attorney?

Thanks,

Scott


Asked on 4/21/10, 10:00 am

1 Answer from Attorneys

First the question is whether this restriction is truly part of your condominium declaration/association bylaws, or is ONLY a house rule. If it is in fact in your condominium declaration/association bylaws (and it does sound like a use and occupancy restriction but without reading the document can't say...), the declaration should also clearly set forth the process for how it can be amended, which usually is by vote and will require a formal amendment document signed by the requisite # of owners as specified in the declaration/bylaws that is supposed to be recorded. If it is ONLY a rule, however, the process is usually different but is also in the declaration/bylaws and may not require a vote of ownership but only a board vote and no recording (but again without seeing the documents this is only a guesstimate). Can this all be done without an attorney? Yes but there is potential liability if it is not done properly. A positive thing about your question is that it appears you may already have the votes necessary as an amendment or rule change by the use of the words "We would like....." but without examining the relevant documents that may or may not hold true.

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Answered on 4/26/10, 11:11 am


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