Legal Question in Real Estate Law in Illinois
Hi, we live in IL and have an HOA that is trying to collect $2,000 from us. They admit that we never signed a contract with them and state that Association�s Board of Directors had voted and set up the contract with the HOA to become the management company for the Association, therefore our signature was never required. They have sent us a 30day payment demand or threaten to seize the property. Please advise if we have legal recourse?
1 Answer from Attorneys
If you bought in a subdivision that was subject to governance by a homeowners' association, then you were generally on notice that you could be impacted by future decisions made for the homeowners collectively. Provided the decision was made at a proper meeting at which a quorum was present and the decision falls within the scope of the law and recorded documents, you are likely bound. To be more certain, an attorney in your area would need to review documents such as the Declaration, By-laws, minutes from board meetings, etc. If you do owe, then it would serve you well to try to work out a way to pay the default. The association may prefer a resolution to everything that goes with taking temporary possession, which is what I assume they are seeking.