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It never ceases to amaze me when a buyers agent says to me oh the buyer's don't have time to read the docs, I told them everything was okay. I'm on our condo board and we just made a significant ammendemnt to our documents. Anyone who is buying a unit and blows off reading the documents could be in for a very costly surprise.
Always read the documents no matter how boring they seem.
Earlier in the week, I published an article. where I discussed the fact that a Home Owners Association was refusing to live up to their legal requirements. I know that very few of my readers actually read the article, they just drop by to see what "header" I'm using today, look at the funny pictures I have in my post, and leave me a comment.
I'm oddly okay with that.
But a few of you were wondering, just what rule, just what law was the HOA willing to break.
Now that the thing finally closed (at 4:00 on Friday), I can tell you that at the closing the Homeowners Association announced that along with the fact that they were not providing the minutes, nor were they providing the required 22.1 survey (do you have any current or pending lawsuits, upcoming special assessments, litigation of any kind, capital project... you get the idea), even though they'd have 4 weeks to provide it... and to top it off, they were going to change my clients parking space from number 1, to number 43.
They were relying on the premise that most people just won't put up a fight, and since they want to close, on Friday afternoon, and they probably have a moving truck waiting outside the building...
Well, they were wrong. We not only were willing to wait to receive the minutes, the 22.1 and give some time to REVIEW those documents... we had a problem with the parking space reassignment, since the space was a LIMITED COMMON ELEMENT and cannot be reassigned without the express permission and a vote of 75% of the residents. (At least not according to Illinois Condominium Law).
At one point, my client asked:"Why can't I just close and assume that everything will be done properly?" She was getting frustrated with the process and the delays. Well, you could... but if you wanted to close without all of your rights being protected, you hired the wrong Realtor and he recommended the wrong Attorney.
"But this is the way we've been doing it for 23 years", gee and who did our desirable parking space (which had been attached to our unit for the last 30 years) go to? Why, it went to the board member in charge of parking!! What a surprise, and welcome to Chicago.
Well, now is the time you're going to stop. We did get our proper parking space. (duh). It's in the condo declarations, and on the plat of survey.
ALAN MAY, Realtor® Specializing in Evanston Real Estate and North Shore Real Estate Coldwell Banker Residential Real Estate, 2929 Central Street, Evanston, IL 60201 847.425.3779 Cell: 847.924.3313 Email: Almay@aol.com
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No Hassle-No Pressure-Just Straight Talk About The Northern Virginia Real Estate Market
If you are interested in learning more about the Northern Virginia Real Estate market including Alexandria, Arlington, Fairfax and Prince William Counties give Cindy Jones and CJ Realty Group, Inc a call at 703-346-2213.
Military Relocation Specialist serving military families relocating to and from the Pentagon, Fort Belvoir, Quantico MCB and all of the Military District of Washington installations.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.