What Do You Need to Know About Condominium Law?

 Posted on December 00, 0000 in Commercial Real Estate

The regulations governing condominium homeowner's associations are often complex. There are specific rules about how the boards of these associations must conduct official business and what powers the associations have to enforce the rules against members who are not in compliance. An experienced attorney can help you navigate these complex matters.

Controlling Documents

Condominium homeowner's associations control all of the common areas of a building and are responsible for making sure all the unit owners pay their fair share of the fees for the operation of the association and the maintenance of the common areas. Each association has a declaration that sets forth the basic duties and rules of the association. If the board tries to exercise a power that is not listed in the declaration, a unit owner will likely be able to sue the board.

However, the declaration can be amended. Some common powers that are often added to a declaration through an amendment include the ability to make rules prohibiting owners from renting out their units or prohibiting pets in the units. Any amendments to the declaration must be approved by a vote of the unit owners.

Rule-Making Power

Often the association's declaration gives the board the ability to make rules about a wide range of issues that impact the community. However, the association must be cautious in exercising its rule-making power because a legal battle with an angry unit owner can quickly become expensive, especially if the board acted outside of the powers given it in the declaration.

Delinquent Fees and Assessments

The most frequent area of conflict between the association and the unit owners is the collection of a monthly or annual of fees and assessments. The board has the power to commence eviction proceedings against unit owners who continue to be delinquent in their payment of the fees and assessments.

If an association is not aggressive in the collecting of fees, it can quickly find itself in financial trouble. Depending on the situation, if the association is in financial trouble it can also put the board members themselves in legal trouble. If done properly, an eviction of a delinquent unit owner can be fast. The association can also file a lien on the unit after the eviction so that a new owner will have to pay off the post-eviction assessments.

Contact Our Skilled Naperville Lawyers 

If you have questions about condominium homeowner's association, you need to speak with a skilled and knowledgeable Naperville condominium law attorney right away. Call Lindell & Tessitore, P.C. at 630-778-3818 today to schedule an appointment. Make sure your board is in compliance with state laws.

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