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I own 1/3 of a condo building that I purchased in 2007. The…

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'I own 1/3 of a condo building that I purchased in 2007. The owner & developer of the 2-floor duplex above me did not sell his unit until 2013. THat was also the year that our existing HOA disolved (expired). The current owner is a borderline slum lord. He purchased several empty units in our development and wants the other unit owners to agree to a HOA involving all 58 units (because his units are in dire need of repair). What is the process of filing paperwork for a HOA in Illinois? Can I file the paperwork legally without the cooperation of the other owner in my building?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have not.

Lawyer's Assistant: Have you talked to an IL lawyer about this?

I have not

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

Yes. The other owner has not paid a water bill in over 2 years, along with landscaping etc... We currently have a pending court case for the water bill. That is the only reason he has tried to communicate with me. Our case is in court on April 7th and I would like to have something started prior to that date.

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Answered in 18 minutes by:
3/22/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

All unit owners would have to agree to be part of the HOA before you would be able to charge them common fees or put a lien on their unit for non-compliance with the rules and regulations. A person unfortunately cannot have their property placed into an HOA over their objection, even if there was a prior HOA in place. The only exception would be if the old HOA documents contained a clause that provided for the association to be reformed in certain circumstances. That would be unusual, but read through it.

Because of the legal pitfalls involved, if you wanted to create a new HOA, the best course of action is to have a local attorney draft the new declaration and bylaws for you. Once that's done, the declaration gets filed with the county recorder where the properties are located. That puts anyone who buys a property on notice that the units are part of an HOA, which is what binds new owners to pay fees and abide by the rules and regulations.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 3 months ago
Legally, since there is not association, the courts can't force one owner to pay the other owner for expenses incurred? He is claiming that when he purchased his unit that he paid for repairs (even though he has provided no documentation) that's why he hasn't paid the water bill.

There's no law that would require any of you to pay for that owner's repairs to his own unit after the HOA was dissolved, unless you did something to cause the damage. There's nothing in what you've said to suggest that.

And even if you were obligated to pay, he would have to provide documentation. You'd never be expected to give him money without proof.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you you Lucy! You have calmed my fears tremedously! You have answered all of my questions.

You're very welcome. Have a good day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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