Can an affiliation police your car’s plate registration?

Q. Citizens in our condominium association park automobiles in a prevalent aspect parking large amount. There is no assigned parking. The new rules for our association allow the board to levy a good if a vehicle’s license plate is expired. I travel a more recent auto that I preserve in wonderful problem, so what business is it of the association if my license plate is expired?

A. To be enforceable, a rule adopted by the board desires to be “realistic.” The challenge of whether or not a auto license plate is expired is a subject among the motor vehicle proprietor and the point out of Illinois. The rule in question is of questionable enforceability.

Q. I have leased a unit in a condominium for several a long time. A person day, I hope to acquire a device in this condominium, and I like to maintain up on the goings on at the association. Is the board of a condominium needed to offer a tenant of a leased unit with the regular monthly assertion of revenue and expenditures?

A. The tenant of a leased device does not have any legal rights to examine or copy publications and data of the condominium. The governing statues for Illinois condominium associations, widespread desire neighborhood associations, and learn associations grant homeowners of a device legal rights to look at and copy books and documents of the association.

Do notice that if you do actually obtain a unit, potential purchasers are entitled to sure data of the association.

Q. I stay in a typical desire group of townhouses. Each and every townhouse includes a one particular automobile connected garage. There are additional parking spaces at the house that are out there to lease to the affiliation members. Several parking areas have been rented to the similar member for many years.

The board a short while ago made a decision to double the hire for these parking spaces. Can the board boost the lease for people places “at will” or is there a process that the board requires to comply with?

A. I have faith in that the use of these parking spaces is resolved by a created lease between the affiliation member and the association. The hire payable for the parking place would be ruled by the lease. Unless of course this sort of lease offers for an boost in lease from time to time, the hire would be the similar through the phrase of the lease. The board could set up an maximize in lease for new leases, or for the extension of an present lease.

As an aside, there ought to be a system in spot to deliver all association members an chance to lease the parking spaces from time to time. That is, proprietors should really not necessarily be granted a continued “monopoly” and appropriate to lease just one of these areas if other proprietors have an curiosity in leasing a parking area. Principles would be an correct way to address leasing of these parking areas.

Q. In the very last couple many years, units in our affiliation have been ordered by investors to use as rental property. The house owners in our association identify concerns developed by acquiring a higher proportion of leased models. Fearing that they may need to have to lease their unit someday in the future, many owners have been reluctant to approve an modification that would cap the range of models that can be leased. As this kind of, attempts to amend the declaration have failed to day. Do you have any recommendations?

A. Somewhat than capping the quantity of models that can be leased, numerous associations are amending the declaration to involve an proprietor to possess and occupy a unit for some minimum amount time period of time (e.g., just one yr) prior to their unit can be leased. This will normally discourage purchase of units by investors who intend to lease their models.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send concerns for the column to him at [email protected]. The business presents authorized assistance to condominium, townhouse, home-owner associations and housing cooperatives. This column is not a substitute for session with authorized counsel.