Hampshire, IL asked in Civil Litigation and Real Estate Law for Illinois

Q: Am I responsible for replacement of limited property in a condo association

I received a notice from my association Dec 7th. stating the board has approved the repair and replacement of patios and balconies. They are considered outside the home and limited property. The cost they say I am responsible for is $1010 due April 1st which I do not want to pay as the patio is fine

2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: Review the condo association's by-laws. They should address circumstances like this. If you can't determine the answer after doing that, take the by-laws to an attorney in your area who practices in the field of real estate and get his or her analysis.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Your question is a common one in condominium ownership matters. The question could best be answered by having an experienced real estate/condominium law attorney review the notice of this special assessment along with the declarations and bylaws of your condominium association. I would also suggest that you or your lawyer review carefully the minutes of the board of directors for a period of time that may have considered this special assessment and how the amounts for the repair and replacements were derived. What contractors were hired? What estimates for the repairs were requested and received by the board and the association's management company?

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