Special offer

Limited Uncommon Elephant

By
Real Estate Agent with Jameson Sotheby's International Realty

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.

Posted by

 ALAN MAY, Realtor®   
Specializing in Evanston Real Estate and North Shore Real Estate

Jameson Sotheby's International Realty, 2934 Central Street, Evanston, IL 60201
Office: 847.869.7300      Cell: 847.924.3313      Email: Almay@aol.com

Evanston Real Estate & North Shore Real Estate
Licensed in Illinois

   

Comments(35)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Those documents are not only required by law, if not provided, the agent is at serious rick for the fallout if there is a special assessement that isn't disclosed, pending lawsuits that could affect financing or conco fees, number of rented units, etc., etc.,

NO WAY I'm going to close a condo without timely delivery of docs.

Good job.

Dec 18, 2010 06:56 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Alan- good for you for sticking to your guns! The law was on your side with this one.

Dec 18, 2010 06:57 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Susan - ahh... shayna punim... nice.

Ann - I surely hope so.

Karen - happily.

Gabe - that's the job, isn't it?

Craig - my client was ready to accept the other parking space... but, she would have had the same problem when she went to sell.

Steve - I think so, too.

Jeanne - hip, hip...

Lenn - you know who her attorneys would have come after, if there had been some upcoming special assessment for $18,000, don't you?

Cynthia - an interesting side to be on.

 

Dec 18, 2010 07:07 AM
Larry Story ALC
Total Care Realty - Greensboro, NC
Beneath it all is the Land, Covering all of NC

Alan, So is that anything like Chicago politics?  I mean geez did they really think they would get away with all of that BS.

Dec 18, 2010 07:10 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Sounds like a tricky situation.  Your buyer was lucky to have you in her corner.  I'm sure many agents would have been happy to gloss past this and move to their payday.

Dec 18, 2010 07:11 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Larry - and the surprising part is that they'd gotten away with it for such a long time.

Chris Ann - I like to think that's not true (but I know it probably is)

Dec 18, 2010 07:19 AM
Jack Mossman - The Nines Team at Keller Williams in Stockton
The Nines Team At Keller Williams - Stockton, CA
The Nines Team at Keller Williams in Stockton

Alan - Outstanding job and outstanding results.  As indicated above ... she had the right real estate professional on her team!  It's way to easy to "try and fix it later ..." especially during the holiday season where folks are pre-occupied about other things .... it's not like buying a house should be a big thing! (LOL)  BRAVO ....

Dec 18, 2010 11:45 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Jack - fixing it later would have given away any leverage she had.  And given the fact that they'd done it their way for decades... they were unlikely to revert to HER way, once the leverage was removed.

Dec 18, 2010 11:48 AM
Jason Channell
Diadem Property Inspections - Serving Southeast Michigan - Troy, MI
The House Sleuth

I still think HOAs are a tool of the devil. More blood pressure problems stem from their actions than anything else.

Dec 18, 2010 01:53 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Jason - well, I can't state, for a fact, that you're wrong.

Dec 18, 2010 03:13 PM
Alex Morris - Austin Real Estate Agent
Austin, TX

So few people realize that these HOAs are run by "non-professionals" who are, unfortunately, often in their position for the purpose of power-grabs, intrinsic benefits (often insidious) or outright embezzlement.  Oh, the stories I could tell.  Granted, there are the scant few how strive to do the best for the greater good, but in my experience, they are not the majority.  Good on you for fighting to the bitter end for the benefit of your client.

Dec 18, 2010 07:35 PM
Alex Morris - Austin Real Estate Agent
Austin, TX

So few people realize that these HOAs are run by "non-professionals" who are, unfortunately, often in their position for the purpose of power-grabs, intrinsic benefits (often insidious) or outright embezzlement.  Oh, the stories I could tell.  Granted, there are the scant few how strive to do the best for the greater good, but in my experience, they are not the majority.  Good on you for fighting to the bitter end for the benefit of your client.

Dec 18, 2010 07:35 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Alex - I know it sounds otherwise... but I din't have no choice, yer honor!

Dec 19, 2010 01:51 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Alan,

I came from the reblog by Cindy. Wanted to say that your title is superb. I love creating titles for my blogs, and if that would be me coming up with this title, I would be very-very proud.

You first paragraph "sold" me right away. So true. Even for me, while I am reading beyond the Titles (which I rarely enjoy as much as yours)

I ran into a few of your blogs before, and they were good to excellent, and looks like I better subscribe, than keep risking missing on really great ones.

I am yours, sir ;-) (subscriber, I mean...)

Dec 19, 2010 07:40 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Alan,

After struggling to find the Subscribe button, and finally subscribing, I came back to say that I also have "suggested" it.

Dec 19, 2010 07:42 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Jon - welcome aboard, happy to have you (grab a mop)

Dec 19, 2010 07:56 AM
Peggy Hughes/pha logistix, inc.
pha logistix inc - San Francisco, CA
SF NYC LA

Alan (love the ever-changing headers!), your client's were lucky to have you as their advocate.  Great job!

Dec 19, 2010 08:22 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Peggy - glad you like them, as I have no control over 'stopping them'.

Dec 19, 2010 09:19 AM
Christine Smith
Buyers Brokers Only LLC - www.BuyersBrokersOnly.com - Canton, MA
Exclusive Buyer Agent & Attorney, Canton, MA

I read the original post and was happy to see the follow up.  It's a good thing your client had the right REALTOR and attorney on her side.  Those things will never get fixed later.  I'm surprised she wasn't leery of purchasing the unit after seeing how the association was run, but I guess she at least now knows which attorney to call if she needs to!  I hope she becomes involved in the association & at least keeps tabs on what is going on.

Dec 19, 2010 12:53 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Christine - I think she's a bit "shaken" since the person in charge of parking wanted to take her space, but I think she "enjoyed" winning.

Dec 19, 2010 01:01 PM