Chicago, IL asked in Real Estate Law for Illinois

Q: condo owner occupancy question in Chicago, IL

We bought condo in 2011 as a second residency. My mother also lives there. There were no concerns about it for 6 years, when condo association fined us $1000 and attorney fees because they claim that it is not our primary residence. Their bylaws do not specify that it needs to be a primary residence, but their lawyer claimed that it was meant this way. What can we do? Thanks.

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1 Lawyer Answer

Vincent Anthony Incopero

Answered
  • Elmhurst, IL
  • Licensed in Illinois

A: You will need to read the ByLaws, and any amendments, for the HOA to see if there is such a restriction/stipulation. If this is spelled out, there is not much you can do other than attempting to negotiate the amount of the fine or paying the fine outright.

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