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

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?

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Attorney answers 1

Posted

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.