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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35319
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in Illinois my condo HOA will not let me run position

Customer Question

I live in Illinois
my condo HOA will not let me run for a position to the board
due to the fact that I no longer live there
what can be done
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What is their basis for refusing to allow you to run?

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Is there something in the Bylaws or CCRs that limit holding a Board office to only residents of the building?

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thanks

Barrister

Customer: replied 1 year ago.
there is something about residency in the bilaws
but that was in the section from the developer
and referred to the original board
then there is a section on length of time for board members
and when elections are to be held.
but does not mention anthing more about residency
Expert:  Barrister replied 1 year ago.

Ok, if there is nothing in the current Bylaws that prevents a non-resident owner from running for the Board, then if they won't reconsider, your recourse here is to file a lawsuit against them for breach of contract and get a judge to rule that you are legally allowed to run for office. They can't arbitrarily make up rules just because they feel like it as the Bylaws are the governing documents that they both govern by and are ruled by. So if it isn't in the Bylaws, then they can't prevent you from running legally.

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Often you can avoid litigation by having a local attorney send a "cease and desist" letter threatening to sue them if they continue to prevent you from running in violation of the Bylaws. Most Bylaws have a clause that states that the "prevailing party" is entitled to their legal fees, so they may be on the hook for your attorney fees if you actually had to sue them.

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thanks

Barrister

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