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Are there lawyers out there that represent middle to lower income homeowners who are having issues with the Board-Management?

Elgin, IL |

I live in a townhouse complex, mainly consisting of middle to lower income homeowners. The Board, which consists of three homeowners.The Board president is running the show. Approving his own budget, spending money on projects only approved by himself. Buying laptops and projector for management company. Homeowners, attending Board meetings, being fined $100.00 for asking questions.Homeowners being denied requests for financials. He's BREAKING many bylaws and Declarations and State laws. Just recently, a vote to increase our assessments from 101.00 to 150.00 to replace our roofs. The roofs are the homeowners responsibility according to our Bylaws and Decs. An amendment would require 75 percent of the homeowners in order to change that. It hasn.t been changed. What can I do?

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Attorney answers 2

Posted

Condo/townhome litigation tends to very contentious and expensive. I tell most condo owners that it is best to pursue a political solution (lobby to overthrow the board) if they are not happy with the way things are run.

In your case, it seems like there is a serious concern about breach of fiduciary duty. Does your association carry Directors and Officers insurance? Does your association retain a lawyer for counsel?

If the money at issue is high enough, some lawyers will offer a mixed contingency/hourly fee, but few lawyers are willing to work on contingency only in these matters.

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Posted

Unless there are enough owners to side with you in voting out board members, my expectation is that you will need to pay to work with an attorney. Affording the cost would be much easier if several homeowners are sharing the cost. Any issues would be particularly important to address since the affairs of the association will be a concern to prospective purchasers in the future. A smart or well-represented buyer will not want to buy into a mess. There may be a way to later suggest that the fees should be paid through association funds, but an attorney will want to be paid without relying on that to occur.

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