Legal Question in Real Estate Law in Illinois

I am the owner and landlord of a rented townhouse in Aurora IL. Our HOA is asking for a copy of the lease and I want to know if it is legal. Our HOA declarations,bylaws and house rules allow us to rent our townhouse, but do not mention if the HOA can ask for a copy of the lease.

City of Aurora has recently requested all landlords to register our rental places, which I did, so we are complaint with ALL the City Requirements (includes criminal check for the tenant, house inspection, landlord classes). The HOA also wants a copy of the tenant's criminal check along with all the City related paperwork. Again in the HOA bylaws and declarations there is no mention about disclosing the tenant's criminal check or any other City's paperwork.

My question is: if in our HOA bylaws, declarations and house rules there is no mentioning about giving HOA a copy of the lease or any other rental paperwork, is there an Illinois law that says that I have to give our HOA a copy of the lease?

Thank you


Asked on 6/14/10, 8:00 am

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

While I do not think there is a specific Illinois law covering this situation, there are laws permitting HOAs to set their own standards for who can and cannot be admitted to the association. They would also be permitted to look at the lease to make sure it complies with their own rules as part of this.

Who ever leases your condo would be essentially be stepping into your shoes, and would be bound by the HOA just as if he/she was the condo owner. This means the HOA has the right to accept or reject any prospective tenant using the same standards they used to approve you.

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Answered on 6/14/10, 11:16 am


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