Legal Question in Real Estate Law in Illinois

Our homeowners association is considering replacing central air with window units. Association's Declarations regarding alterations are as follows: "The Board's powers, hereinabove enumerated and described in the Declaration, shall be limited in that the Board shall have no authority to acquire and pay for any structural alterations, additions to, or improvements of the Common elements (other than for purposes of replacing or restoring portions of the common elements, subject to all the provisions of this Declaration) requiring an expenditure in excess of One Thousand Dollars ($1,000.00), without, in each case, the prior approval of voting members having three-fourths (3/4) of the total votes." Does such alteration constitute "replacing or restoring portions of the common elements"?


Asked on 3/16/17, 6:28 am

1 Answer from Attorneys
Stephen Messutta

Interesting. As long as the declaration includes the central air system under the definition of common elements, this definitely appears to be a "replacement" program, even though it is not 'like kind'. But pulling one clause out of a likely voluminous declaration is not necessarily determinative, so a condo attorney should be engaged to make a complete review.

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Answered on 3/16/17, 9:24 am


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