Legal Question in Real Estate Law in Illinois

My HOA isn't following the declaration or by-laws that are in place and are creating or modifying rules that contradict said declaration and by-laws. The rule in question is about parking. The declaration clearly states that parking a trailer on the side-lot is acceptable. Their rules and regulations say no parking on side-lot. The declaration states that to change the language in the declaration itself requires an affirmation vote of 75%. The by-laws also state that the board can make new rules and regulations as long as they don't conflict with the by-laws or declaration. I was sent a violation letter last year which i talked to the management company and i was told it would be dropped. Well, when my assessment bill came the violation fee was still on there. I called the management company and I was told that it was discussed last year at a board meeting and I needed to sign a letter stating that I agree to the new parking rule and by signing, the fee would be dropped. Why would I need to sign that if the rule was valid and legal? I've also asked for the minutes to the board meetings and financial statements, which i have never received. I believe the management company is making up this letter and the boards involvement hence the lack of providing me with the minutes. Id like to know if I actually have a case and if so I'm looking to take them to court and eventually disband the HOA.


Asked on 1/02/16, 10:11 am

1 Answer from Attorneys
Stephen Messutta

Taking the HOA to court is a major thing, but you may have a case if the declaration clearly allows certain things and the board, with no ownership approval, attempts to change things unless the declaration also allows this (most declarations do not). Someone needs to review the entire declaration, and any amendments to it that have been passed and recorded, if any. Disbanding the HOA is an entirely different issue.

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Answered on 1/19/16, 6:15 am


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