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Our 6 units have the same ownership percentage though some units are much larger. How can we change this? PDF Print E-mail
Tuesday, 13 December 2011 21:08
Q. I live in a 6 unit condo building.  Our Bylaws state that each condo has 16.67% of ownership in common elements.  The issue is my unit is 1175 sq feet and the 2nd of 3 floors.  My neighbor has a 1st floor 2000 sq feet duplex down condo and WE PAY THE SAME IN PROPERTY TAX. She refuses to agree to change the Bylaws so we can change the % of ownership with the Cook County Assessor. What are my options?  How can I get my property tax where it should be and in turn have my neighbor pay her correct total as well?

A. Ownership percentages are set by the developer and recorded as an Exhibit to the Declaration and Bylaws when the document is recorded with the county.  The recording establishes the property as a condominium association and subscribes it to the IL Condominium Property Act, which is the basis for condo law in the state.

Condo owners pay real estate taxes based on their percentage ownership in the association, so owners with the same percentage pay the same real estate taxes.  An amendment would be required in order to alter the ownership percentages recorded in the Declaration.

The IL Condo Act requires approval of 2/3 of all owners, by ownership percentage, for an amendment to be filed that would alter the Declaration or Bylaws. However, the IL Condo Act also states that certain errors, such as where the ownership percentages total more or less than 100% or where  "a unit has not been designated as owning an appropriate undivided share of the common elements or does not bear an appropriate share of the common expenses" may be corrected by an amendment passed by a 2/3 vote of the board members or a majority of the unit owners, unless the governing documents state otherwise.  You should consult your Declaration to determine how these errors can be corrected in your case.

If it is not possible to obtain the necessary votes to record an amendment, you have recourse through the courts. 

Section 27(b)(5) of the IL Condo Act states further:

"If there is an omission or error in the declaration, bylaws, or other condominium instruments, which may not be corrected by an amendment procedure set forth in paragraphs (1) and (2) of subsection (b) of Section 27 in the declaration then the Circuit Court in the County in which the condominium is located shall have jurisdiction to hear a petition of one or more of the unit owners thereon or of the association, to correct the error or omission, and the action may be a class action. The court may require that one or more methods of correcting the error or omission be submitted to the unit owners to determine the most acceptable correction. All unit owners in the association must be joined as parties to the action. Service of process on owners may be by publication, but the plaintiff shall furnish all unit owners not personally served with process with copies of the petition and final judgment of the court by certified mail return receipt requested, at their last known address."

You should consult a knowledgeable condominium law attorney to help you to navigate this process.

Lauren Peddinghaus, CMCA
Haus Financial Services, LLC

 

 

 

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