I am a condo owner, what are my rights to stop the owner above me from holding dance lessons?

Asked almost 5 years ago - Chicago, IL

The President of our Condo board lives above my unit. She claims to hold dance classes for her "friends" and does not charge. The noise is a nuisance as we all have hard wood floors without proper insulation b/w units. I am also concerned about the structural integrity of my ceiling. During her lessons, I have heard distinct noises from the ceiling and noticed widening cracks in those areas. She now plans to hold a dance party in her unit and I am concerned. There are 3 members to the board (including her). The deciding vote will side with her saying it is her right to live as she pleases in her unit. How can I legally stop her activites?

Attorney answers (1)

  1. Christopher R. Minelli

    Contributor Level 12

    Answered . The answer depends on your condominium's declaration and bylaws, including any written rules and regulations you may have. These documents determine the rights and remedies you have at your disposal. I would approach a thorough reading of the documents with two considerations in mind, both of which you mentioned in your question: (1) are "businesses" prohibited and if so, what constitutes a "business," and (2) what rights to unit owners have against others that are causing destruction to common areas and individual units?

    If you need help with the documents, I would suggest finding a good real estate or condominium attorney. The Illinois State Bar Association has a good referral program at www.illinoislawyerfinder.com

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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