Barry Benjamin Kreisler’s Answers

Barry Benjamin Kreisler

Chicago Landlord / Tenant Lawyer.

Contributor Level 11
  1. How can my Condo Association limit rentals? Our current condo declarations don't mention rental limits.

    Answered over 3 years ago.

    1. Barry Benjamin Kreisler
    2. Alan James Brinkmeier
    2 lawyer answers

    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...

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  2. Does my Will have to be notarized and how many witnesses do I need

    Answered over 5 years ago.

    1. Diane Marie Ainsworth
    2. Kevin Lee Linder
    3. Barry Benjamin Kreisler
    3 lawyer answers

    Your Illinois will does not have to be notarized. However, it must be witnessed by at least two witnesses.

    5 people marked this answer as helpful

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

    Answered about 3 years ago.

    1. Barry Benjamin Kreisler
    2. Bernard James Conway
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Barry Benjamin Kreisler
    2. Alan James Brinkmeier
    3. Daniel Robert Hamad
    3 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Barry Benjamin Kreisler
    2. David Matthew Gotzh
    2 lawyer answers

    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...

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  6. Is my husband's estate responsible for his credit card debt

    Answered over 5 years ago.

    1. Barry Benjamin Kreisler
    2. Lu Ann Trevino
    2 lawyer answers

    You are only responsible to pay credit cards in your deceased husband's name alone and which you did not guaranty, to the extent of non-joint tenancy with rights of survivorship assets in which he had an interest at the time of his death. You did not specifiy how title to your house was held at the time of your husband's death. If title was in joint tenancy with rights of survivorship, you need not pay the credit cards. If it was in tenancy in common or in your husband's name alone, you must...

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  7. My father left a signed dated piece of paper stating that all property was to be my step mother's when he died

    Answered over 5 years ago.

    1. Barry Benjamin Kreisler
    2. Erik Glen Swanson
    2 lawyer answers

    To be valid as a will in Illinois, the document must have been attested in the prescence of the testator by two credible witnesses. If this was not done, the document does not constitute a valid will and unless a valid will is found, your father's property would pass under the laws of intestacy. In this case, one half of the property would go to your stepmeother and the other half to you and your siblings, with the descendants of a deceased sibling taking his or her share. You should consult...

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  8. Do I need an additional contract to ensure the house is mine in case of a divorce?

    Answered over 5 years ago.

    1. Barry Benjamin Kreisler
    2. John M. Kaman
    2 lawyer answers

    To safeguard yourself, you should consult an attorney about creating a post nuptial agreement between you and your spouse, to set forth clearly what your respective rights would be as to the new house in the event of a dissolution of the marriage.

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. Stephen Samuel Messutta
    2. Barry Benjamin Kreisler
    3. Daniel Robert Hamad
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  10. What happens when a condo issue is the result of the developer's refusal to take care of the underlying problem?

    Answered over 4 years ago.

    1. Barry Benjamin Kreisler
    1 lawyer answer

    In your case, it appears that the cause of the damage to your unit has been caused by a problem in what is normally part of the common elements of the condominium. Under these circumstance, the condominium association can likely be held legally liable for the cost of your repairs. The association may have a legal claim against the developer, if the problem was caused by his substandard work. Please note this answer to your question is general in nature only and does not constitute the...

    1 person marked this answer as helpful

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