Legal Question in Real Estate Law in Illinois
Condo Association Telling Owners to Evict Tenant
We bought a condo 8 months ago to rent out. Prior to the sale, we talked with the association's management company and were honest that the intent of buying it was to continue having it as a rental unit with the same tenant and they told us that everything was in order and the requirements for leasing had been met. They waived the �move-out� and �move-in� fees associated with a new owner since it was being rented to the existing tenant. The management company prior to closing was later fired by the association and replaced by a new management company.
About 2 months ago, the association's lawyer notified us that it is forbidden to lease out the units. We complained and got our lawyer from the closing involved. After 2 months, their lawyer said we have until 3/31/08 to evict the tenant and comply. ''Our'' lawyer said we don't have any more options other than taking them to court. After 8 months of asking for a copy of the by-laws, I got them 3 days ago. There is a grandfather clause that protected the former owner when the rule was added in 2005, but wouldn�t apply to a new owner. Does the association have any liability for the fact that their management company lied to us before we bought it? Do we have other options?
2 Answers from Attorneys
Re: Condo Association Telling Owners to Evict Tenant
Probably best to bring a claim against the management company. You need to work fast, because the fines will be expensive.
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email me if you have any questions - [email protected]
Re: Condo Association Telling Owners to Evict Tenant
You should have received a copy of the bylaws prior to closing. The management aompany acted as agent for the Association and I would argue that due to your reliance on the agent's representation, that they are estopped from being able to enforce the byalw against you.
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