Condominium Development in Illinois

 Posted on December 00, 0000 in Zoning and Land Use

Condominium developments are unique real estate matters with complex laws, bylaws, and legal nuances. This particular branch of real estate law is complicated even further when there are multiple land owners and a necessity for homeowner association (HOA) agreements. As such, it is critical that condominium land developers seek the assistance of an experienced and seasoned real estate attorney.

Initiating a New Condominium Development

Those who wish to initiate a new condominium development are required to follow a set legal process to gain approval. Intent must be declared and an outline of the Association's bylaws, floorplans, and plat development must be submitted. Furthermore, developers need to ensure that the property or land being purchased is free of liens and that it is eligible for development under local, state, and federal zoning laws. This is especially critical since zoning ordinances could delay or hinder development, potentially costing you a lot of time and money.

Legal Framework for Condominium Development

Typically, condominiums developments are either “exclusive” private ownership or undivided “shared ownership” properties. However, there are more complex arrangements. In either case, the legal framework of a condominium development, which includes important aspects regarding its sale and construction, needs to be carefully considered. When it comes time to sell the units to homeowners, there are more legalities to contend with, including purchase and sale agreements for each buyer.

HOA Agreements and Disputes

Once the property is approved, built, and developed, homeowners will begin to make their purchases. To ensure property value is preserved, and that zoning laws are adhered to, a clear and concise homeowners’ association agreement should be developed. Some factors you may want to consider in creating yours might include:

• Whether or not homeowners will be permitted to run businesses out of their homes;
• If the units need to be owner-occupied, or if the owner is allowed to lease out the property;
• Restrictions on the type or number of pets a homeowner may have;
• Restrictions on certain pet behaviors;
• Restrictions on where owners are allowed to walk with their pets;
• Restrictions on added structures, external decor, and/or alterations to the property;
• External maintenance and grooming requirements (lawn and landscape care, paint, yard debris, etc.);
• Access or use of community property, such as pools and exercise rooms (i.e. Can a homeowner's guest use the community facilities?).

Regardless of what restrictions you impose, it is important to ensure you have clear and concise verbiage. This gives you a pathway to take legal action against those who fail to meet the criteria and damage property, decrease property value, or otherwise endanger the community.

Our Experienced Real Estate Attorneys Can Help with Your Condominium Development Project

Whether you are facing potential zoning issue prior to development, or one that has risen out of a homeowner's failure to comply with the HOA agreement, Lindell & Tessitore, P.C. can help. Our Naperville, Illinois zoning and land use attorneys have substantial experience in navigating the complexities of zoning laws and regulations. We will put our knowledge to work in your case. We can also assist with other aspects of your condominium development project, including buyer and seller contracts, development of a solid HOA agreement, and HOA litigation matters. To discuss your unique case, call us at 630-778-3818 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct

https://www.co.mchenry.il.us/home/showdocument?id=59327

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=006500050K11-12-8