Legal Question in Real Estate Law in Illinois
Condo Association Not willing To Do Anything/May Cause Severe Financial Loss
I am in the process of selling my condo. One of the conditions of the sale is that we obtain a letter from the association indicating that we have paid association dues and disclosure letters.
I have asked the association manager of our four unit condominium to sign the letters. The Association Manager has asked for more and more paperwork. We have provided that paperwork to him. The Association Manager continously delays the signing of the letters. We have now waited over 10 days for the paperwork.
His excuse for not signing the paperwork is that we took over the association without his approval for a few months. However, the Association Manager's wife asked us to take over the Association for a few months while he was in jail. We managed the assoc for a few months with the approval of the other tennants in his absence. Now, the sale of our condominium may not go through, because we can not obtain the letters. The sale would result in a substantial gain.
We have contacted our attorney to have her deal with the association manager and she has not called us back for 5 days. Can we sue the assoc manager if we were to lose the sale? If you area real estate attorney, that can take action right away please call me.
1 Answer from Attorneys
Re: Condo Association Not willing To Do Anything/May Cause Severe Financial Loss
Hello. It appears as if the association manager
is trying to ruin your sale. In my opinion you
have a basis for a lawsuit against the associa-
tion manager for fraud and for interfering with
your sale. A court of equity (Illinois Chancery
Court) might award you an injunction which would
order the association manager to process your
papers or face more jail. Whether the court
would grant an injunction will depend on whether
the judge believes you will suffer irreparable
financial harm without an injunction. You need
to move on this problem fast to minimize your
risk of financial loss. I will be happy to
answer any additional questions that you might
have.
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