Legal Question in Real Estate Law in Illinois

Homeowner association

I live in a homewoners association that is also a not for profit corp. I have been told not only are we subject to our own dec's, b-laws and rules and regs, but subject to the IL condominum property act section 18.5 c-h and the general not for profit act 1986. Our dec's and by-laws are slient to any requirements for the association to maintain a set amount of reserve money. What other documents or IL law would address what is required by the baord of directors of the association to maintain adequate reserves?


Asked on 9/20/08, 10:20 am

1 Answer from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Homeowner association

My recollection is that the ass'n has to maintain a "reasonable" amount of reserves. It wouldn't make sense to have a specific amount because there are so many variables. However, if the reserves have been basically drained, it would seem that this meets no one definition of "reasonable" On the other hand, many associations are experiencing financial difficulties just like everyone else since many owners are not paying their fees.

So in short, it's not clear if your board has been acting responsibly or legally. You do have a right to request (in writing) documents as an association member (be specific). And if you don't receive them, you can sue for them if need be.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 9/22/08, 11:27 am


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