Chicago, IL asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois

Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to my property. They refuse to provide me with insurance information for the limited common area? Is there a government watchdog organization appointed for such matters? The Declaration states that the police can enforce parts of the declaration, so can the police demand they provide me with insurance info?

1 Lawyer Answer
Frederick A. Lurie
Frederick A. Lurie
  • Real Estate Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is be enforced by the Association Board. Someone not a member typically has not standing to challenge violation of a declaration or bylaws.

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