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We live in condo in chicago and are now being told we have…

Customer Question
We live in condo...

We live in condo in chicago and are now being told we have to buy liability insurance if our daughter wants to come help us paint the walls. Is it legal to require a condo owner to have insurance for their daughter to paint. We've been given no notice. no guidelines on how much insurance, no warning at all.

Lawyer's Assistant: Where is the property located?

**************** chicago il

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/27/2017
Real Estate Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,491
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Unless your contract states otherwise, I am afraid it is legal. Allow me to explain.

The landlord does not have to allow their tenant to paint the walls, as this is a major alteration of the property. The only exception is if the contract states that you can. I am going to assume the contract states that you cannot or is silent (and by default, silent means that the tenant cannot).

So if the landlord allows you to paint the walls despite you not having a right to, then the landlord can put demands on it, i.e. "I will allow it provided that you ensure against an accident," etc. They have that right to request such requisites, because the ability to paint the walls are NOT a right (unless again, it is in the contract, and again, I assume it is not).

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 4 months ago
I am not a tenant. I am a condo owner. This building has renters and owners and I'm an owner.
Real Estate Lawyer: Ely, Counselor at Law replied 4 months ago

Ah, I see. Who is telling you this - the Association?

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Customer reply replied 4 months ago
The minions of the association. There is a board and an HOA here. Over 1,000 residents.
Real Estate Lawyer: Ely, Counselor at Law replied 4 months ago

I know this is a serious matter, but thank you for making me laugh today with your use of "minions."

My answer - unfortunately - is it depends.

This is not a matter regulated by state law, but by HOA rules. The HOA has inherent powers to create and maintain rules for the owners of the property, which are concentrated in three documents:

-Non-profit corporation's articles of incorporation;

-HOA bylaws; and

-the deed to your property which ties the property to the HOA and makes the owner answerable to it.

Unfortunately, the HOA has broad powers to decide on rules. So if its articles, bylaws, or the deed mention that any painting has to have insurance (family or not), it is presumed to be correct and enforceable.

The only way to challenge this is:

-to get the rule/bylaw changed via the internal election/voting process; or

-to file a declaratory judgment suit under 735 ILCS 5/ Code of Civil Procedure of Illinois, asking the Court to strike down the rule as overbearing - something that the Judge or Jury have to decide, then.

You can threaten them with such an action if they try to enforce the rule, but knowing HOAs, they normally will try to enforce it.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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