Laying the Law Down Enforcing Your Condo's Rules

Every co-op, condominium, and homeowners association has rules and regulations that residents and their guests must abide by. For the most part, they’re usually pretty straightforward and have minimal impact: no 200-pound dogs, no smoking in the mailroom, no bowling in the hallways.

Sometimes, however, a board will try to implement a rule that oversteps its bounds, is unenforceable, or just rubs residents the wrong way. Take Chicago condo owner Pam D., for example. She and her husband are owners of a large loft on the fifth floor of a condo building in Chicago’s hip Printer’s Row neighborhood. They have lived there happily for over four years, and never taken much issue with the various rules and regulations dictated by the condo’s board. Until now.

“I bike to work at least three times a week and have done so for years,” says Pam. “And out of nowhere, we get a notice that says the bike rack in the basement is now first-come, first-served.”

This wouldn’t normally be an issue, but after the interior hallways got a fresh paint job and new carpet, the condo board had concerns about handlebars bumping and chipping paint, and muddy wheels leaving tracks—so the bike storage notice also dictated that residents were no longer allowed to bring bikes into their apartments. The basement bike rack is packed—there isn’t an inch free—leaving no place for Pam to park her bike.

So what makes a good rule, and how can condo and co-op boards know the rules they're making and enforcing are fair, just, and legal? The answer is part protocol, part common sense.

Read More...

Related Articles

The Condo as Legal Entity

Foundations & Fundamentals

Going by the Book

The Importance of Following the Rules

Q&A: Can Non-Homeowners Serve?

Q&A: Can Non-Homeowners Serve?

 

4 Comments

  • What About declarations allows for each unit to have two animals but can use rules to regulate. Now want to adopt new rule by board only to "pet free association" but not changing the by-jaws to avoid owners voting . Is this wrong ?
  • Is it legal for a condominium association to selectively enforce association rules against renters but not owners? Specifically, can the association demand my garage floor be free from boxes, etc, if owners do not need to meet this standard? Also, we have rented this condo for over 8 years. Last year was the first time this restriction was brought up even though probably on our lease.
  • What if your condo board of directors violates provisions of the Illinois Condominium Property Act? E.g. denying the right to "to express a preference for any of the known candidates for the board or to write in a name." Sec. 18, E, (18). Or refuse to have meetings except to elect the board, while not allowing the annual budget to be voted on by the members? WHO do I consult at first: Illinois Department of Consumer Protection? No? Then who IS responsible for enforcing these laws??
  • My Condo Assoc. is now requiring that each unit owner obtain and maintain an insurance policy providing a minimum of $500,000.00 of insurance coverage for damage to other units in the building. My question is can they legally require this and is it reasonable to believe this necessary. Thank you in advance of your response.