Legal Question in Real Estate Law in Illinois
I live in a 5 unit rownhome building in Glencoe, IL. Our association is admittedly a mess and needs to be reworked. It was controlled by the developer who gutted and remodeled the units. He has now sold the last unit and cannot be in control anymore. One of our neighbors is a real estate lawyer and has acted in what I believe is ethically questionable behavior. All the tennents recieved a letter referring to sections and articles of a Condominium Declaration that none of us have received. The letter is demanding, not asking, that a meeting be held to elect officers, create a budget, etc. Understandably a meeting does need to be held, and all of these things need to be hammered out quickly. However, the manner this is being requested and demanded raises some questions.
1. We have never been provided the documents the neighbor is refering to in his letter. As far as we know, they don't exist. Should we demand to at least be furnished with these documents before agreeing to hold a meeting?
2. The letter is printed on the letterhead of his law office and is of a threatening nature. Isn't this a strong conflict of interests?
I don't know if this is a simple question that can be answered in this type of forum, but it's worth sending out. We do plan on presenting the letter to another attorney if necessary.
Thank You
3 Answers from Attorneys
1. It would appear to me that the attorney realizes that some urgency exists in forming an association. You should listen to him/her; this person is probably not a bad fellow/gal.
2. I haven't seen the letter; but I would bet it is more matter of fact than "threatening". Perhaps you are reading too much into the way the letter is worded.
3. The Declaration of Condominium is in the chain of title; you were aware of it when you purchased your unit. You can probably get a copy from the attorney. Failing that, you can get a copy from the Recorder of Deeds.
4. Honey catches more flies than salt.
All of you should have received a copy of the condominium declaration at or prior to closing on your units. The attorney that represented you at closing can probably track down a copy for you, but it is extremely rare for a buyer to not receive a copy of the condominium declaration at or prior to closing. If your developer has left, you absolutely need to call a meeting and get a new condominium board in place asap!
I agree with most of what everyone says here. You do need to have a board appointed promptly and you should be able to obtain a copy of the condo declaration. Why dont you ask the attorney who wrote the letter to provide you with a copy since clearly he has one. You can even offer to pay for it.
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