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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2702
Experience:  Helping you with your legal questions.
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Is it legal for a Condo Association to only enforce rules on

Customer Question

Is it legal for a Condo Association to only enforce rules on renters but not owners? Specifically we have been renting the same condo for over 8 years and have always used the garage for storage. Last year we were informed for 1st time that storage that prevented us from putting cars in garage was against the rules. However, they do not enforce this rule for owner occupies condos. Can they selectively only enforce rules if the condo is rented?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Illinois. Buffalo Grove
JA: Has any paperwork been filed?
Customer: Maybe but I haven't seen it yet. The owner of our unit just told us by email about complaint by board member..
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 12 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 12 months ago.

In a way if the renter is being treated differently, it is the titleholder that should fight for the renter. Directors must act as responsible fiduciaries for owner assets and any lawful business owner conduct. It is not acceptable for management or directors to treat a rented property differently from an owner-occupied property. It is also not appropriate for a titleholder-landlord to require tenants to assume landlord obligations. So, as a renter, the renter should inform that titleowner. Titleholders who are wronged may seek a claim against the association for damages, including lost profits if a tenant breaks a lease or moves out because of wrongful actions taken by the association. We can discuss more if you want to do so.

Expert:  Damien Bosco replied 11 months ago.

Hello: I have not heard back from you. I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating for the service I provided to you.. If the answer was especially helpful you can provide a bonus too! Best regards.