Legal Question in Real Estate Law in Illinois

I live in a 6 unit condo bldg,one unit has recently closed.The new owner intendes to rent. Our bylaws state only owner occupied, the new owner claims the president of the HOA has given permission for the rental. Does the president have the power to change the rules?

Asked on 6/27/13, 7:51 pm

3 Answers from Attorneys

Henry Repay Law Offices of Henry Repay
0 users found helpful
0 attorneys agreed

The President should not be able to unilaterally override the terms in the governing documents. It would be advised, however, to make sure these restrictions were properly made. Also, in this economy, the members of the association may want to consider a revision of the governing documents to allow for rentals, but providing for appropriate procedures and restrictions. Especially with a small association, the opportunity to rent may not only protect an individual owner faced with an unexpected change in circumstance or financial difficulty, but may protect the remaining owners against the harm resulting from a loss of a unit's fees for an extended period.

Read more
Answered on 6/28/13, 3:33 am
Lela Davis Law Office of Lela J. Davis
0 users found helpful
0 attorneys agreed

THE PRESIDENT SHOULD NOT BE ABLE TO DO SO IF YOUR BY LAWS AND OTHER DOCS INDICATE THAT THERE ARE TO BE NO RENTALS.

Read more
Answered on 6/28/13, 5:44 am
0 users found helpful
0 attorneys agreed

Condo declarations and association by-laws can not be unilaterally changed without owner concurrence. RULES can be changed by the board, however, but require notice...... The President could be liable for breach of responsibility here if things are not right.

Read more
Answered on 6/28/13, 7:45 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

88403 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now