Legal Question in Real Estate Law in Illinois

is there a statue of limitations on village ordinance violations to a commercial building that was converted to apartments 32 years ago? So for 32 years it hasn't been a problem and permission was granted but now all of a sudden I'm being fined for something I didn't even do -- I bought the building over 20 years ago with two units in the rear of the commercial space - I bought a 6 flat with a commercial space (office/retail) in the front lower level - 2 apts. on the lower level in the rear which now after 32 years of being there they claim is violation of ordinance and I was fined $750.00 - 4 units upstairs - the bank loaned me the money to purchase the building based on the income of the 2 apartments on the 1st floor rear - I'm told I need to vacate the two apartments - I will be forced to let the building go back to the bank - I know there is a statue that says 20 years on an encroachment to a neighbors property if in 20 years the neighbor does nothing about the encroachment - there is nothing they can do


Asked on 5/25/17, 9:43 am

1 Answer from Attorneys
Stephen Messutta

This is too complex for this forum. You will have to engage an attorney. But here are some thoughts: (a) when you bought the building hopefully you received a title insurance policy - it MAY contain an endorsement that says your building is code compliant - this may be a claim on the policy although by the age of your ownership the amount may not be even adequate to help you (b) you may have property coverage against future changes in zoning and building codes - unlikely but possible (c) statute of limitations perhaps not but (i) if there was a change in the building and zoning codes in your town after you bought the building there may be 'grandfather' provisions that protect you as long as you otherwise don't make any changes to the building (other than just ordinary repairs...) and/or (ii) if the building was inspected by the village when you bought it as part of the sale process, they may be 'estopped' at this point to claim the violation because then you bought it in reliance on the inspection.... There may be other options for you. See an attorney who handles these kinds of issues.

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Answered on 5/26/17, 4:31 am


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