Violations and Your Rights

Community living has many advantages such as; maintenance responsibilities taken care of by the association, more opportunities for social interaction with neighbors, amenities, such as pools, clubhouses, ponds, etc., minimum standards that must be maintained throughout the community that increase the value of everybody’s homes and the opportunity to make an impact on the community by serving as a Board or committee member.  Community living also has some disadvantages though.  For example, residents cannot always do what they want on or with the common areas of the association or sometimes even with their own units.  These dos and don’ts are explained in the Declaration and the Rules & Regulations of your association.  All homeowners should read these documents and become familiar with the restrictions contained in them.

The Board of Directors is the governing body of the association and they are charged with the responsibility of enforcing the Rules & Regulations.  The Illinois Condominium Property Act gives the Board the right to warn homeowners of violations and to levy reasonable fines to ensure compliance. This is normally done through the implementation and follow-thru of a violation policy.  The Illinois Condominium Property Act also gives the homeowners an opportunity to be heard regarding their violation, by the Board of Directors.  If this opportunity is not provided to the homeowner, then the fine may be unenforceable.

So, what should you do if you receive a violation letter?  You should contact your management company and request that you have an opportunity to be heard, by the Board, to explain why you should not have a violation.   This should be done in writing so that there is a record of your request.  Your request should be fact-based and as unemotional as possible.  The Board will then notify you of when you should appear before them.  After you have met with them and explained your situation, the Board will then take your response under advisement and within a reasonable amount of time, respond to you with their decision whether to void the violation.  If the violation is upheld, you will be responsible to pay that fine. 

Please keep in mind that the Board of Directors have been elected by the community at large to provide for the best interest of the community.  For most of us, our homes are our biggest investment.  If we all work together, we will be able to maintain, or increase the values of our homes while creating a great place to live.