Legal Question in Real Estate Law in Illinois
Being forced to pay for maintenance to other units
I live in a fee-simple townhome development where the only common property is our courtyard and driveways (we hold as tenants in common). Our Declaration was recently changed giving the Board responsibility for performing maintenance considered 'wear and tear' on the individual units themselves. Now the Board has decided it is easier to manage if everyone shares the cost (like a condo), meaning I have to chip in to pay the maintenance costs of all the other units (which is becoming substantial.) I am willing and able to pay for all the maintenance of my own unit but cannot afford to pay a portion of everyone elses, too. There is nothing in the Declaration that says this maintenance has become a common expense item. I think it's important that the maintenance be done but I believe each owner should be assessed and be responsible for the cost of their own maintenance. I don't know what to do. I brought it up at our annual meeting and was treated with hostility, like I was trying to steal money from them.
2 Answers from Attorneys
Re: Being forced to pay for maintenance to other units
I would have to look at the homeowner's agreement to see whether there is anything that allows the Board to require you to make such payments. Keep in mind though that you should also be entitled to have repairs to your property done out of this collection.
Please feel free to call if you have any questions.
Re: Being forced to pay for maintenance to other units
Welcome to the twisted logic of "democratic" thinking, which, essentially, is Marxist. In their minds, you ARE trying to steal their money, never mind that they did not earn it! You may have to sue the Board; not an easy task, since they may have access to an insurance policy and that company's lawyers. I suspect (and only suspect) that an examination of the condo docs would prohibit the arrangement. Hire a knowledgeable real estate attorney that has litigation experience. Good Luck!
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