Legal Question in Real Estate Law in Illinois
We own a property in an association that has a rule "Only one family ownership per lot." We wish to will our property to both our children. In Illinois can an association prohibit such a transfer to both children. Is it legal to block such an inheritance?
1 Answer from Attorneys
I have no idea what "one family ownership" means. It may be a zoning definition somebody drafted into the HOA documents. It may be something else. The word "family" and "ownership" may be defined elsewhere in the HOA documents. So the question you ask is potentially premature, unless you asked the HOA in writing for permission to do exactly what it is you want to do and the HOA has issued a written refusal or prohibition. FIRST before deciding what the HOA can and can't do, it helps to know exactly what this is supposed to mean. THEN, once that is known, an attorney can help research whether the restriction is an "unreasonable restraint against alienation". I would NOT necessarily go to the HOA first, however, but have an attorney who might also help with any deeds....look at this situation.