Legal Question in Real Estate Law in Illinois

Can a home owners association wave late fees that the HOA knowingly scrwed up to only those who are complaining and not offer it all the residents of the HOA...? Is this not disrimative?


Asked on 9/29/11, 2:32 pm

1 Answer from Attorneys

Fines and fees are supposed to be applied consistently and uniformly unless there is a good reason not to. Usually the HOA documents provide for some kind of "complaint" appeal process - called "due process" where you can present your case -- hardship can be a reason if it is written into the documents but again whether it's hardship or some other reason, has to be applied consistently too by the HOA. So if you don't appeal, you may not automatically get it waived unless the HOA believes otherwise and all you have are your individual appeal rights. So first you must look at the HOA documents to see what kind of process there is to complain.

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Answered on 10/05/11, 9:54 am


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