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Barry Benjamin Kreisler
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Barry Kreisler’s Answers

82 total


  • Can I rent a foreclosed condo in Illinois if the previous owner won't sign over possession?

    A unit in my friend's condo building foreclosed in April 2010. Regular and special assessments are owed on it. I would like to rent it, and the condo board has attempted to have the previous owner sign over possession to them so that I can do so...

    Barry’s Answer

    • Selected as best answer

    You are mostly correct. The right to possession remains in the owner until he voluntarily surrenders it or it is changed by order of court. This could occur either if the condominium association files and prosecutes to competion an eviction action for the unpaid assessments or when the foreclosure suit is completed, the property is sold at the foreclosure sale and the court enters an order confirming the sale and transferring the right of possession to the new owner. In a residential foreclosure, the mortgagor remains in possession until completion of the foreclosure suit.

    With regard to the bank finding the owner if he signs over possession, there is no need for him to state an address in an agreement to turn over possession to the condominium association. Accordingly, his concerns in this respect are not vaild.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • My landlord hasn't fixed the leaking walls in my apartment since April and I can only use 60% of my space. What can I do?

    All of the north-facing walls in my apartment are leaking, forcing me keep all of my possessions in the middle of the rooms because I do not know if/when the water will start pouring in again. I am a nursing student and cannot afford to break my ...

    Barry’s Answer

    You aren't entitled to compensation due to landlord incompetence. However, you may be entitled to a reduction in your rent due to the reduced value of your apartment from the loss of use which is resulting from the unrepaired leaks.

    Since you are a Chicago tenant and provided that your rental is not excluded from the provisions of the Chicago Residential Landlord and Tenant Ordinance ("RLTO"), you should serve notice upon your landlord that unless the landlord remedies the problem within 14 days, you will deduct a stated amount from the rent you would otherwise be required to pay. The amount of the reduction in rent you should state should be an amount which reasonably reflects the reduced value of the apartment due to the problem caused by the landlord's failure to properly maintain your apartment. You should probably consult a realtor or other person with experience regarding and knowledge of rental values in your neighborhood, to determine the rent reduction amount. Under RLTO, the rent reduction will continue until the landlord remedies the problem.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • The cook county sheriff came to evict my niece today. She wasn't home and they didn't post anything. What happens next?

    I read somewhere that her property must be kept for 7 days. Is it too late for her to file a stay of eviction? I contacted several moving companies. The soonest I can get to move her out is next Saturday, July 16th. I just don't want her things on...

    Barry’s Answer

    The normal procedure of the Cook County Sheriff's Office is that, provided that the plaintiff or the plaintiff's representative meets the deputies at the eviction property when they arrive to complete an eviction, the deputies complete the eviction, turn possession over to the plaintiff and post a "No Trespassing" order on the door. At this point, the premises are in the possession of the plaintiff, which may dispose of the personal property at any time after gaining possession of the premises. There is no rule requiring that the plaintiff hold the personal property left on the premises for any period of time after gaining possession.

    The fact that nothing is posted on the door may mean that no plaintiff's representative met the deputies and that they therefore did not complete the eviction, which would mean that the plaintiff will have to contact the Sheriff's ffice to pay a fee and reschedule the eviction. However, it may also mean that the plaintiff or its representative was there to meet the deputies and that the locks were changed and the notice removed by the plaintiff or its represenative, in which case the personal property may be removed from the premises at any time.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • Can a boiler be defined as a limited common element? When does something become a limited common element?

    I live in a 12 unit Condo building. We have a boiler that heats all the common areas & 7 units. The other 5 units do not use the radiators to heat their individual units; they have their own heat source they pay for. There are now some units who w...

    Barry’s Answer

    A limited common element is created by the designation of a part of the common elements for the exclusive use of a partuicular unit or units in the Condominium Declaration. The Declaration can also specify whether maintenance and replacement or repair of the limited common element is treated as a common expense or is allocated solely to the unit owners to whom the limited common element is assigned.

    Therefore, the answer to your question can be found by a careful review of the Condominium Declaration. Since the boiler serves to heat the common areas, it is likely that the boiler is not designated as a limited common element. To change this would likely require the unanimous consent of all of the unit owners as well as notice to and possibly affirmative consent of the holder of every unit mortgage. This makes it extremely unlikely that it would be practical to change this.

    It is possible that the Condominium Declaration may permit the Condominium Board to assess user charges against particular units for expenses which disproportionately benefit a particular unit or units. If the Declaration permits this, such provision might be used to assess user charges for each of the units served by the boiler.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • My HOA took me to court for failure to pay dues. I signed an order of possession, that was stayed until 4/24/11.

    I mailed my final payment on 4/27/11.I did not send it certified mail or a certified check. Can my HOA take possession of my home immediately or will we have to go back to court. I do believe that they want to take my home. They may hold the check...

    Barry’s Answer

    Provided you are in a position to pay the amount awarded by the Court in full, you will be able to get the eviction order lifted. You should immediately file a motion in court to do so and serve a copy of the motion on the Sheriff, so that the eviction does not proceed. With payment in full, the Association has no choice; it cannot have you evicted from your home.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • In regards to a condo association, does voting really go by % of ownership?

    During a meeting someone mentioned that voting should be divided by % of ownership, like with assessments. I know I heard that isn't the case; it's each unit has one vote...we are all equals when it comes to voting. Just wondering if someone can c...

    Barry’s Answer

    • Selected as best answer

    In an Illinois condominium, voting is generally by the percentage interest in the common elements of the units voting. The only exception to this is where 30% of the units in the condominium, by number, possess over 50% of the percentage interests in the common elements. In that case voting is by number of units rather than by percentage interest in the common elements, i.e. each unit gets 1 vote.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • Can a condo association evict a tenant that is renting a condo for noise?

    I live on the third flr and the neighbor that lives below me has complained about noise since the very 1st day I moved in. She is the only neighbor that complains about my two year old twin boys making noise. She has called the police six times, e...

    Barry’s Answer

    The Association can pursue an eviction action against you for causing a nuisance which is disturbing other occupants of the building. The Association will bear the burden of proving its case that you are causing a level of noise which unreasonably disturbs the occupants of other units or other violation of the Association's Declaration, By Laws or Rules and regulations, but if it does so and has served appropriate notices in accordance with the Forcible Entry and Detainer Act, you can be evicted.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • Damage to my condo due to 2 common elements (both broken pipes). Board is saying the repairs to my unit is on me.

    My unit has been damaged by 2 separate broken pipes that have caused leaking. Pipe #1 is in my wall which now needs to be closed up with drywall again. Pipe #2 was under my floor. They had to cut open a large area on my hardwood floors to access t...

    Barry’s Answer

    Unless there is something in your condominium declaration or by laws to the contrary (which would be quite unusual), the general rule is that the association is responsible for repair and maintenance of the common elements and for any damage to your unit caused by such work.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • How soon is an eviction reported to the tenants rental history in chicago, illinois?

    I went to court for my eviction case and I said I would vacate no later than the 15th. How long should it take before the eviction is listed on my credit or rental history? Basically will a furture landlord be able to view this information if I am...

    Barry’s Answer

    If a judgment for either eviction or for money damages was entered against you, it is immediately a matter of public record. In Cook County, the judgment record will be posted on the Clerk of the Court's website usually within about a week. The credit reporting agencies will also pick up the judgment at about the same time.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

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  • How can my Condo Association limit rentals? Our current condo declarations don't mention rental limits.

    I would like to limit the amount of rentals in our condo association. Currently our decs don't address any type of limitation. If possible, I would like to achieve the change by adding a rule as opposed to amending the declaration. It is my und...

    Barry’s Answer

    • Selected as best answer

    Provided that there is nothing in your Declaration or By-Laws to the contrary, your Association should be able to restrict rentals by a carefully drafted rule. Although the courts give more weight to an amendment to the Declaration and By-Laws, a properly darfted rule will be enforcible.

    The process for adoption of such a rule would be to first have the text of the rule drafted and approved for submission to unit owners by the Association Board. The proposed rule should then be sent to all unit owners and a meeting of unit owners called where the unit owners can discuss, but not vote upon, the proposed rule. At any time after the unit owners meeting, the Board can then adopt the rule.

    Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.

    See question