Legal Question in Real Estate Law in Illinois

I live in a 12 unit condo building they allow 1 dog per unit and under 30 lbs I just got a secong dog both under the weight limit and the people downstairs have a great dane, they have a 13 year old cutting the grass they allow the person downstairs to grill on the balcony and store things in common areas,they have not held an election in the 7 yrs i have been here nor do we vote on anything from doors to snow removal, they turn off the hallway lights after a certain time, and one of the board members does not even live in the building there are more issues I just cant list them all I dont know what to do about all of this it is insane! I would sell but real estate is horrible right now please help!


Asked on 8/18/10, 8:05 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

So what do you want? you can sue to force an election. You are violating the rules. They can fine you. Just because other are not complying with thew rules does not mean you have free reign. Write the board and ask for copies of the minutes for the last three years. Send the letter my certified mail.

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Answered on 8/24/10, 8:25 am

It also sounds like the association is "self-managing" because it is so small and thus can not really afford professional management. There may be other issues, such as whether the association has all the proper insurance, etc. You definitely would be opening a can of worms here, especially as Mr. Shimberg suggests you too are not apparently in full compliance with the rules. But you're right; "WHEN" the market turns around and you want to sell, this free-for-all could be a negative on your resale -- but this is true of everyone. Therefore, I suggest you work on talking to the people who theoretically are in charge of this situation and suggest that there be a meeting of owners to discuss how to put the ship in order, the rationale being the need to be able to sell and to make sure the association's "paperwork" is in order. This would less likely ruffle feathers if you appear to be concerned for everyone.... Turning this ship around may take some effort. If your initial efforts are rebuffed, then taking more of a "hard line" may be necessary, but if so be prepared to adhere to whatever the bylaws and rules are too.

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 licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/24/10, 6:19 pm


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