Legal Question in Real Estate Law in Illinois

Re: Homeowners By-Laws and Declarations of Covenents, Conditions, Easements and

The answer depends upon and is found in the Association's Declaration. The Declaration is like our federal Constitution, it is the "law of the land" for the association, subject only to municipal, state and federal law.

The Declaration should spell out the rights & duties of the board and of the association members.

I recently won a case where a Board of Directors raised the late fee associated with an untimely payment of association dues because the Board was w/out authority to raise the rates w/out a vote of the association members.

If you have any questions, please feel free to call.

-- Kenneth J. Ashman; 312-848-1700; [email protected]