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10 Things to Know About Condo Living PDF Print E-mail
  1. Condo living is NOT “living in an apartment that you own.”  Condo living is a community living arrangement in which you own a percentage of the entire property along with a number of other owners.  You must be willing to compromise with your neighbors and understand that the needs or desires of the whole may supersede your personal needs or desires.
  2. Every condo Association is managed by a Board of Directors consisting of 3 or more owners that are voted in by the members of the Association (meaning all of the owners).  These individuals have the right to make decisions about your building.
  3. Each condo Association is governed by two documents known as the Declaration & By-Laws.  In a nutshell, the Declaration creates the Association and defines the property while the By-Laws outline how the Board is created as well as their responsibilities.  These documents contain everything the owners need to know about how the Association is to be managed.  Nearly every question that is raised about how to handle a specific issue can be answered by consulting the Declaration and By-Laws.
  4. The IL Condo Act establishes the minimum requirements for any Association.  If there is a discrepancy between the IL Condo Act and the Association’s Declaration, the Declaration prevails.  However, the minimum requirements set forth by the IL Condo Act must be upheld.  A Declaration may be found to be unenforceable if it is not in line with the requirements set forth by the Act.
  5. The Board of Directors owes a “fiduciary duty” to the Association.  This means that they must act in the best interests of the Association as a whole at all times.  A Board is considered to be upholding their fiduciary duty if they are operating according to their understanding of the governing documents and not engaging in willfully negligent or criminal behavior.
  6. The determination of the Board is binding.  Owners who disagree with Board actions, however, may have the right to petition the Board to review the action at a meeting called for that purpose.  The governing documents will outline the petition procedure as well as the method for removing a Board member from office.  Electing a new Board is always an available option to owners who are continually unhappy with the Board.
  7. A unit’s “ownership percentage” in the common elements of the condominium determines that unit’s monthly assessment and the weight of the owner’s vote for certain matters (including Board elections).  Owners in a 10-unit building will not necessarily have an equal 10% ownership percentage.  The Declaration outlines the ownership percentage of each unit.
  8. There will inevitably be financial responsibilities above and beyond your monthly assessment and mortgage payments.  Be aware that you will be responsible for paying your proportionate share of any expenses that are required for the repair and maintenance of the building.  Keep this in mind when determining how much condo you can afford.
  9. At its heart, a condominium association is a business and should be run like one.  The governing documents exist to guide its operation.  Adhering to the Declaration and By-Laws provides consistency and objectivity, and can therefore help owners to avoid personal conflict.
  10. Living in a condominium can be challenging, as community living brings together many different people with different opinions, motivations, needs and desires.  Education about condo living and active involvement in your Association will help you to have a positive condo experience.

Financial Responsibilities & Tax Benefits of Condo Ownership

 

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