Purchasing a condominium not only makes you a homeowner but also makes you a part of an organization, The Condominium Association. Understanding the different documents that govern your rights and responsibilities as a homeowner and organization member is essential for your use and enjoyment of your property. There are many other documents that condominium owners should be familiar with (The Illinois Condominium Property Act, Budget, Minutes of Meetings, etc.), however we are discussing the following two essential documents EVERY owner should understand, 1) the Declaration of Condominium and 2) the Association By-Laws.

1. Declaration of Condominium. The Declaration may be considered the constitution of the Association. It provides the structure by which the Association is initially organized and managed. The Declaration should define important elements of the property, such as the common areas, limited common areas and the unit's proportionate share of these areas. This document tells us what you will own when purchasing a condominium. The Declaration also provides for the initial election of officers, duties of the Board of Directors, terms of office, and the authority of the Board.
2. Association By-Laws. The By-Laws set forth the rights and responsibilities of the unit owners (i.e. the type, frequency and location of Association meetings). The By-Laws will set election rules for officers after the first election and define the rules owners will live by. The By-Laws can normally be freely amended by the Board of Directors. Rules related to pets, grill use, even holiday decorations can be addresses by the By-Laws however it should be noted that many Associations have a separate set of documents that govern these "personal" rules, namely a set of Rules and Regulations. This separate set of Rules, if applicable, should also be sought out and understood.

Most real estate contracts have a provision that upon request by the Buyer's representative, a Seller has the obligation to provide these documents, and others, to the Buyer for their review and acceptance as a condition of the contract. It is important to note that if an issue that inhibits your use and enjoyment of the property is discovered, we can protect your interests by having said issue clarified, changed or we may even void the contract if the concern cannot be overcome. Imagine a pet owner with two dogs purchasing a unit that does not allow pets! Lavelle Law, Ltd. considers this document request and review process part of their representation for condominium purchasers.

Lavelle Law, Ltd. has been representing the Buyer's and Seller's of real estate since 1989. Should you have questions or inquiries about your real estate needs, please contact William Terpinas Jr. at 847-241-1775 or wterpinas@lavellelaw.com.