Arlington Heights, IL asked in Real Estate Law for Illinois

Q: Condo has rules against smoking on balconies. The association is not enforcing this rule. What can be done about it.

Person below me has been smoking cigars on his balcony for the past year. When I ask what was done regarding the violation forms that I filled out (7 of them), I was told that it was between the violator and the board, basically none of my business even though I made the complaint. Per 765 ILCS 615/35, they are supposed to notify me of the outcome. Since the original complaint was made in May 2019, it appears that the association did not implement the response to complaints outlined in their own rules. And they certainly didn't notify me of anything. Meanwhile I cannot sit on my balcony and have to hurriedly close my windows when this renter starts smoking. Our association does allow smoking inside of your own unit but he obviously doesn't want to stink up his own place. I have spoken with both the local police and health departments who say that the association needs to deal with this issue as he is not breaking any laws.

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1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: I would recommend that you review the Condo Declaration and the Rules/Regulations of the Association to find additional support for your complaints. Then put your complaint in a separate letter, detailing the history, and referring to the applicable sections of the Declaration and Rules/Regulations which compel the Board to act in response to repeated rules violations. I would also attend the monthly meeting and in open session raise the question. Ultimately, if the Board is not upholding its responsibility your only option other than continuing to make your complaint known would be to consider a lawsuit.

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