What Is The Illinois Condominium Property Act?

by | Last updated on January 24, 2024

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The Illinois Condominium Property Act prohibits partitions in the condominium association , but this a legal term having to do with dividing ownership among tenants in common. ... Assessments are determined according to the percentage of ownership in the Common Elements set forth in the association’s Declaration.

What is the condominium rule?

Condo rules are designed to promote the safety of owners and prevent unreasonable interference to the use and enjoyment of the units as well as common elements. The condo rules will dictate what individuals on the condo corporation property can and cannot do.

Who regulates condo associations in Illinois?

Therefore, if you need legal advice, we encourage you to consult an attorney of your choice. Which Law Governs My Association? Most homeowners associations are governed by either the Illinois Condominium Property Act or the Illinois Common Interest Community Association Act.

Who is responsible for water damage in a condo Illinois?

A. Per section 12 of the Condominium Act, when water leaks into a unit, the association is responsible for replacing the damaged drywall and having a primer coat of paint applied. The association is not required to replace wall coverings such as paint or wallpaper.

How do I amend a condo bylaw in Illinois?

There are two methods for amending a condo declaration and bylaws: the vote of owners at a meeting or the written consent of the owners . The amendment provisions of your document should specify the required method. The meeting approach requires the board to distribute a ballot and proxy.

How do I find CC&Rs for my property?

We recommend contacting any of the local title companies . Each title company has ready made copies of CC&Rs. Alternatively, we recommend reviewing your title report if the CC&Rs cover your property or contact your homeowners association. Finally, you may research CC&Rs in our records.

Are HOA legally binding?

An HOA is rarely legally enforceable because parties often agree that it will be a non-binding document. ... If you would like it to be binding, you must include a clause within the document stating that it is legally binding.

How long does a condominium last?

Most of the new condominium projects today are designed and built with modern techniques and durable materials to endure the ordinary wear and tear of everyday use. Modern condos will likely remain in good shape even after 50 years .

Why is it called a condominium?

Condominium is an invented Latin word formed by adding the prefix con- ‘together’ to the word dominium ‘dominion, ownership’ . Its meaning is therefore ‘joint dominion’ or ‘co-ownership’.

What is another name for a condominium?

condominium apartment house townhouse condo building timeshare cooperative apartment house cooperative apartment flats apartment building

Who is responsible for condo repairs?

Interior condo repairs and maintenance are nearly always the responsibility of the condo owner . In general, this is good news for condo owners because their HOA does not have the right to weigh in on the design or layout of the interior of their condo, so long as it does not negatively impact their neighbors.

Who is liable for a water leak?

This means that as a property owner ; you’re responsible for the maintenance and repair of the pipes that supply water to your property. This includes all the pipes that run inside your home and outside too. For example, if there’s a leak on the property boundary, then that is the homeowner’s responsibility.

Who is liable if water damage from flat above?

Who is liable for water damage costs? It is ultimately a landlord’s job to protect the flats of their tenants from water penetration, so the onus is on them to solve the issue as promptly as possible. This also means that they are liable for failing to do so.

How do I change my condo bylaws?

Typically, Rules and Regulations can be changed by a vote of the Board or Directors, but the Declaration and Bylaws require a vote of the homeowners —often a significant percentage, such as 2/3 or 3/4 of all owners.

How can I legally annoy my HOA?

  1. Ask For Copies Of Statements. ...
  2. Put Up Religious Statues Or Signs. ...
  3. Invest in Solar Panels or TV Satellites. ...
  4. Start Planting! ...
  5. Read The Contract. ...
  6. (Over)Use The Amenities. ...
  7. Hang Your Clothes. ...
  8. Catch Someone Else.

Can a covenant be removed from a property?

If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds . ... If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that’s not appropriate, possibly varying or amending the covenant.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.