Legal Question in Landlord & Tenant Law in Illinois

Our homeowners association has been paying the president $800 a month for several years without letting the homeowners know. The management company says that the previous management company was aware of it and when they took over, they assumed everyone knew. Do we have any recourse?


Asked on 8/24/10, 4:25 pm

2 Answers from Attorneys

Of course you do. Check your bylaws and ask if there is a reason for this payment. If not, he should return it back to the association with interest. He probably has officer insurance coverage. Maybe they can repay it before any lawsuit. If it sounds improper, it probably is. You can also contact a lawyer who specializes or knows condo law. Good luck. Attorney Alex

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Answered on 8/30/10, 4:31 pm

And if the management company knew, they may bear some responsibility too. And if any attorney represented the board and knew of this and knew it was improper, the attorney may bear some responsibility too. And if this guy is a professional of any kind licensed by the State of Illinois and this is improper, there may be an ethics violation there as well.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 9/02/10, 6:24 pm


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