Legal Question in Real Estate Law in Illinois

Re IL Condo Law......Can a rule (in Rules and Regs) be enforced if it is in disagreement with the Declaration (CC&Rs)? Or must all Rules and Regs be in compliance with the CC&Rs? In other words, what's the pecking order? Thanks.


Asked on 11/17/10, 2:45 pm

2 Answers from Attorneys

Fundamentally rules are not supposed to conflict with the declaration. How a CCR fits in here is another issue and so the "pecking order" is not clear. For instance, if there is a CCR between condos in a complex and one condo amended its decl to be out of snyc with the CCR, then a rule could have been made that is in snyc with the amended decl but not with the CCR -- or vice versa, etc. and it depends how they tie into each other. Need more info?

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/22/10, 3:01 pm

What Steve is saying is that this is a rather confusing area and you should contact an attorney to discuss the specifics.

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Answered on 11/24/10, 4:34 am


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