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Hoa Rules For Common Area In Chicago
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State:
Multi-State
City:
Chicago
Control #:
US-00444
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FAQ
In inium Associations, individual unit owners jointly own an undivided share of the common elements. In simpler terms, if you live in a 100-unit inium building, each unit owner possesses a 1/100th share of all the common elements.
A common area is some shared space or amenity between unit owners or shareholders of a common interest development (CID). In housing CIDs, common areas can include things such as yard space, a basketball court, pool, laundry room, or a mail room.
HOA common areas are equally owned by all the homeowners in the community. Each owner pays regular HOA dues that go towards association operations and common area maintenance, giving them an equal share of ownership.
HOA common areas are not considered private property in the traditional sense. While individual homeowners have a shared ownership interest in these common areas, they do not have exclusive control over them.
Common areas belong to all the owners equally, as does the physical and financial responsibility to maintain them. Owners have an irrevocable right to enter a common area during reasonable hours for the purpose of maintenance or repair- as long as any such work adheres to the Apartment Act by-laws.
HOA Covenants, Conditions and Restrictions (CC&Rs) are a binding legal document that is filed with the state. Similar to rules and regulations, they cover things like property-use restrictions, dispute resolution agreements, maintenance and assessment obligations and insurance.
Can an HOA Evict a Homeowner? Yes. Under Illinois state law (765 ILCS 605/9.2), a homeowners' association can 'evict' a member from their unit in order to recover past due assessments. If your community is considering eviction as a remedy, an experienced Chicago HOA/condo lawyer can help.
Understanding Illinois Homeowners' Association Law AspectKey Takeaway HOA Powers Power to regulate common areas, collect charges, levy fines, and foreclose on homes for unpaid liens. Entry to Property Most governing documents allow HOA entry to homes for maintenance under certain conditions.6 more rows
Homeowners can file a complaint against an HOA by contacting the Illinois Department of Financial and Professional Regulation. The state offers a dispute resolution service for certain issues, or legal action can be taken.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.