Condominium and Cooperative Law in Illinois

Condominiums and cooperatives are forms of "common interest" communities.

These residential communities are composed of a single piece of land, occupied by one or more buildings, each of which contains more than one housing unit. The units are owned or leased by the individuals who live in them, but the buildings themselves, and the land they sit on, are owned either collectively by the residents, or by some third party. The residents are responsible for the upkeep of the buildings and the common areas of the property (walkways, lawns, swimming pools, etc.). To that end, they normally pay a periodic fee to cover maintenance.

If you just look at one of these communities, you won't be able to tell whether it's a cooperative or a condominium community.

There are no physical features distinct to either one, which can be used to distinguish them. Rather, the difference lies in the legal arrangement that covers the relationships between the residents and managers. In condominium communities, the residents own the units they live in, and collectively own the land and buildings in which they are located. In a cooperative community, the units are rented, and are owned by a single entity.

Laws and Regulations Concerning Common Interest Communities in Mclean County, Illinois

Mclean County, Illinois likely has numerous laws and regulations concerning common interest communities. Nonetheless, these are mostly limited to the laws and regulations (zoning, land use, etc.) that concern all real estate owners.

In general, the procedures of the landowner or management board will have a much greater impact on the daily lives and conduct of residents than any state or local laws controlling condominiums or cooperatives.

The land that common interest communities occupy is normally private property. Therefore, the owners of the property are free to make certain rules governing what is and isn't allowed on it. A good manager or owner will normally make every effort to strike a balance between residents' freedom to do what they want in their homes, and the rights of their neighbors to a safe, clean, and reasonably quiet living space.

The enforceability of some of these rules may depend on Mclean County, Illinois's laws controlling relations between landlords and tenants.

Can a Mclean County, Illinois Attorney Help?

If you have problems with your landlord, your homeowners association, or a neighbor, a seasoned Mclean County, Illinois real estate lawyer may prove invaluable.