Legal Question in Real Estate Law in Illinois

The covenants and restrictions in the community where I live have the developer running the show until all lots convey or twenty years, whichever comes first. The declaration was recorded in 2005. He is a tyrannt for a lot of reasons; however, after a lot of research, I have found the IL Condominum Property Act where a small portion of the law could apply to us, or so I hope. The residents would like to run the association and think that this could be our ticket to remove him.

Section 18.5: (2) The election of the initial board of directors of

a master association whose declaration is recorded on or after August 10, 1990, by the unit owners or the boards of managers of the underlying condominium associations, shall be held not later than 60 days after the conveyance by the developer of 75% of the units, or 3 years after the recording of the declaration, whichever is earlier. The developer shall give at least 21 days notice of the meeting to elect the initial board of directors and shall upon request provide to any unit owner, within 3 working days of the request, the names, addresses, and weighted vote of each unit owner entitled to vote at the meeting. Any unit owner shall upon receipt of the request be provided with the same information, within 10 days of the request, with respect to each subsequent meeting to elect members of the board of directors.

If this does pertain to us, he will not go away quietly. Does this indeed apply and if so, how do we proceed?

Thank you.


Asked on 12/09/10, 5:54 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I presume that you have 75%. Talk to a local attorney about a Declaratory Judgment

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Answered on 12/14/10, 2:46 pm


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