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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116780
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am a Condo owner in a building with 24 units and we have a

Customer Question

I am a Condo owner in a building with 24 units and we have a manager who does not respond to e-mails, text messages or phone calls and we are having problems with our president who has missed the last 4 conference call meeting. The major problems are the roof needs major repair and this has been going on for at least 2 years and now we need a tear off roofing job done and it will cost us totaling $85,000.00 or more due to leakage in the 3rd floor units. The leaking units has damage to the walls and you can see what looks like mole to the units. The association is not complaining or voicing any complaints and I feel they are advoiding the time when they will be ask to pay the special assessment and the Manager said we will not be able to do anything until around April 2017 when we can get the money together. There are some not paying the assessment and I am just looking for representation for me. What are my options?
JA: Where is the property located?
Customer: 7819 S. South Shore Drive Chicago Illinois 60649
JA: Has any paperwork been filed?
Customer: Not by me, the other owner who has the problem has talked about taking this to a lawyer but I do not think so.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The manager increased his payment from us but he is not performing his job to our best interest.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have the right to sue the association for breach of contract, for not making necessary repairs as required by the bylaws and seek a declaratory judgment and order to the association to make the repairs to be made. Then if they continue to refuse the court order, you can seek money damages from them and have them held in contempt.
You will have to drag them through the court though if they are not responding to your complaints or requests for necessary maintenance.
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Customer: replied 8 months ago.
When is the president of a HOA board allowed to act without a vote from the board?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
The president can act in daily operational matters or on any matter that the bylaws give him power to act on without a vote of the board. So his powers are fairly limited.

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