What Do I Do if my Condo Association Sends me a Notice of a Violation?
Association Owners are required to follow all the provisions contained in the various association governing documents (Declaration of Covenants, By-Laws, and Rules and Regulations). Many associations are very aggressive in enforcing these provisions by imposing large fines against members it believes have violated the provisions. The association may also file a lawsuit seeking to collect the fines, and/or seeking a court order to force the member to stop the alleged offensive behavior. In extreme cases the association may even seek a court order to permanently expel the member from the association. In all cases the Association will seek to charge the member for any attorney’s fees it spent enforcing the governing documents. As a result, members can often feel intimidated and will often give up even if they are not guilty of the alleged violation. However, homeowners do have rights. Illinois law requires associations to provide members with a notice of the violation and an opportunity to stop the offensive behavior. Also, the association may be required to provide the member with a hearing to defend against the violation claim. It is important that you contact an attorney as soon as you receive any notice of a violation. The attorneys at Bruning & Associates, P.C. have significant experience in interpreting association governing documents and a thorough knowledge of the applicable law. If you are having an issue with your association regarding an alleged violation of its governing documents please contact Bruning & Associates, P.C. at 815-455-3000 to inquire about a free consultation.
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