Legal Question in Real Estate Law in Illinois
Private use of common area by Board member
I live in a 13-unit condo.
Five years ago, our Board President took what used to be a basement Party Room for personal use. He has changed the locks, keeping everyone out. (Note: since his ''takeover'' in 2002, only two residents from that time are still in the building. New residents, including myself, are told that the space is part of the boiler room. I discovered this whole matter by accident!)
He is paying $10 (ten dollars) a month to the management company for a 420-sq ft space he is using as additional living space/workroom. (The checks and management company's logs list the space as ''storage'', not ''workroom'' or whatever.
He claims the Board has given permission, but IL. condo law requires both Board AND Unit Owner approval for ANY private use of common elements. There was never a Unit Owner vote.
Also, the ''lease'' in the manager's office was never signed or dated.
Both the other Board members, and other residents are afraid of him.
Is there ANY way to have him removed from the space so it can be returned to use by the residents?
1 Answer from Attorneys
Re: Private use of common area by Board member
You put it to a vote through the condo association rules and if you win the vote and he still refuses to move, you will have to go to court to get him to comply.
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