Home Condo Living A-Z Selling Your Unit Defining "Right of First Refusal"
 

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Defining "Right of First Refusal" PDF Print E-mail
In the process of obtaining documentation required for the sale of a condo unit, the Board will be asked to verify that it has no "right of first refusal," or that it has "waived its right of first refusal," often within the paid assessment letter.  Most owners and Boards do not have a clear understanding of this right. The right of first refusal gives the association the right to purchase or lease any unit that an owner wishes to sell or lease under the same terms offered to a prospective buyer or lessee BEFORE the sale or lease may be executed.  If your Association was granted this right when the Association was formed, the process will be described in detail in your Declaration.

Typically, when an Association has the right of first refusal, an owner who wishes to sell or lease a unit must first notify the Board.  The association, within a prescribed period of time, has the right to purchase or lease the unit under the same contract or lease terms.  The Association may also have the right to any information regarding the prospective buyer or lessee that they deem necessary.  If the Association does not wish to purchase or lease the unit, the owner is free to execute the sale or lease.  This is called "waiving the right of first refusal."

The IL Condo Act requires an "affirmative vote of not less than 2/3 of the votes of unit owners at a meeting duly called for that purpose" in order for an association to purchase a unit on behalf of all unit owners. The association's governing documents may require a different percentage, but they cannot require less than the minimum prescribed by the IL Condo Act.

The right of first refusal essentially allows the Association first dibs on any unit for sale or lease in the building.  Though the Association will most likely waive this right in most cases, it is important to know whether the Declaration includes this right so that proper procedures are followed in the case of a sale.

 

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