Legal Question in Real Estate Law in Illinois
Problem with our by-laws
In our condo bylaws it states that our roof is a common area, even
though there are units in the association without access to the roof
top decks owned by individuals. 3 years ago the old board voted
to make the roof issues (ie leaks etc) the individual unit owners
responsibility. New people have moved in and now have leaks.
They say that the bylaws state that it is the associations problem to
fix the leaks. We say, most hoeowners have fixed their own at thier
own expense. They are now threating to sue. Are they right, or
are we?
2 Answers from Attorneys
Re: Problem with our by-laws
Hello. This is a sticky situation. The board
can argue that the new guidelines as to roof
repair were in place when the new owners moved
in. Generally by-laws cannot just be revised by
a vote of the board. Usually the entire condo
association must vote to amend the by-laws. The
board can also argue that the new owners knew or
should have known that it was a common practice for the individual condo owners to repair their section of the roof. I will be happy to answer any additional questions that you might have.
Re: Problem with our by-laws
Although condo by-laws can be amended by the vote of the whole association, I would think that the definition of what comprises the common areas are most probably defined in the covenants/delcarations that are filed with the county. Thus, the question becomes what notice did the new owners have relative to the roof repairs. This is a VERY problematic issue, and I would guess that it is not going to go away soon. And it is going to be an expensive problem to fix vis a vis professional fees. You need the assistance of a lawyer, whether it be myself or someone else. Good Luck!!!
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