Law-Forums.org

[jamilah38]

Hello, I am an owner of a condominium in Illinois. I recently purchased a house and i was trying to rent my condo. My association came back saying that i could not rent it as they do not allow renters in the building. When I purchased the condo 4 years ago it was new development and then there were no restrictions in rentals. Apparently the board of directors had a meeting about this and they had passed the law not to allow renters, even though I was not aware of this (I should have attended the meetings). They passed this to law and notarized it with Cook County. It there a way around this?? Can anyone help or provide me a lead??

Thanks......

[artek57]

Nope. You're stuck. Yes, you should have attended the meetings. If it will be a hardship for you, for example if you are unable to sell or trying to sell will make you go broke, you may be able to plead for an exemption. Wouldn't they rather have a rental than a foreclosure? If other condo owners are in the same boat, get together and try to make a change. That's pretty much all you can do. This is a problem that lots of condo owners are dealing with right now. Sorry.

See article from The Washington Post, "The Condo Owner's Dilemma," at link below:

[aldric13]

No there is not,as you say ,you should have attended the meetings to have your say and affect the vote.This is the normal thing with URBANISATION LAW,many English people go to live in Spain and fall foul of this,thinking that they can paint their houses and do add on builds without permission.They soon learn,in some cases it can be years later when the local council give them an order to put it back the way it was with a huge fine on top.These days you need permission, of a sort ,for almost everything, on paper, to be safe.

[dasco]

do you know how to kiss up to the board members, sometimes thats' what it takes..you are *** out, as they say in california. Sell the darn thing and get it over with, no more problem.
Another loop hole is that the renter pretends to be your relative, and lives there when you are away for most of the year. Of course they pay you rent, but you get busted when you have to evict them....read the fine print, and that's why condos and townhouses are not the best for investments.
Is that really why you are renting it?

[artzai]

Check to make sure the new restriction was adopted according to your condo by-laws and documents. You should have received a notice about the action (at least in my state that is true).

Just because it has been recorded doesn't make it legal. You may need to consult an attorney.

[khalid]

As an owner it is within your rights to ask for the minutes of the meeting that led to that decision by the board. Then check with your state laws and confirm that the board has the authority to make that kind of rule. A condo restriction cannot contradict a state law.

[adelphos]

If they passed it properly you are stuck. It's why you should go to meetings. You can always propose a rescision.