In most residential condominiums in Illinois, the people who own the units also become members of a private association for the condominiums. This association is responsible for repairs, security, maintenance, and other important matters about keeping the condo building repaired and in a livable state.
In many cases, the association will also have several elected members who make up the board. These people are responsible for ensuring the bylaws of the association are carried out. While this type of association can help resolve many problems, there can also be problems that stem from it, as well.
The Function of the Association
The function of the condo board, according to Schaumburg condo lawyers, is to make sure the bylaws are upheld and that they don’t conflict with legal statutes. If necessary, the board is also responsible for pushing to amend the bylaws. Most bylaws cover things like maintenance, as well as disbursement and collection of association fees.
Legal Considerations
Boards are not authorized to arbitrate in every situation, only those that the association is legally charged with. If the issues at hand are not addressed in the condominium documents, the local court should take care of the situation rather than the board. If the owner of a condo believes that the board is breaching law, the tenant will first talk to the board. If that doesn’t resolve the issue, a letter should be sent. In the case that the issue is still a problem, Schaumburg condo lawyers can help.
Preventing Problems
While not everyone will be interested, one of the best ways to avoid problems in advance is to be a part of the board in an active capacity. Those who are not members are still allowed to attend meetings. By being active and attending meetings, you can work for the change you want and get to know those who may one day be arbitration in your dispute.
How Not to Handle Issues
The worst possible way to push for change in a condominium association is by withholding the monthly fees that are due. While this can show that you are unhappy, it also breaches your owner’s contract and gets you into legal problems. This can lead to a lawsuit or even foreclosure.
If you are in the market for a condo lawyer in the Schaumburg area, Keough Moody can help. We offer assistance on many condo and homeowner’s association issues.
