HOA is stating I need to have a window reinstalled that the previous homeowner had removed & boarded up. I

Latonia
Home Buyer
Illinois

received a letter at my closing stating I would be responsible for any damage/alterations in the property done by the previous owner. It wasn't a contract, just a letter to my closing attorney. now 2 years later they are telling me to demolish my bathroom & reinstall the window. Am I liable?

Answers (2)
christopher....
Broker
Chicago, IL

Dear Latonia,

I'd suggest speaking first with the attorney who handled your closing for you. If they can not assist you with resolution of this issue (which it sounds like might have been anticipate-able when you closed on your unit), then you should ask them for a referral for an attorney who handles real estate litigation.

To clarify the language a little bit, I think that your concern should be with any common elements or limited common elements of the condominium that might have been altered by the previous owner. If you now own the unit, then you own their alterations to the common and limited common elements (and thus may be compelled to pay to correct them).

Let me know if you need any additional assistance or referrals for real estate litigators.

Sincerely,
Christopher Thomas
Broker Associate, Sudler Sotheby’s International Realty
3934 N. Lincoln Ave. Chicago, IL 60613
773-418-0640 (mobile) 312-577-0985 (fax) 773-293-1200 (off)
Christopher.thomas@sothebysrealty.com
http://www.myagentchris.com

Sat May 2 2009, 07:37
Maria Thanasour...
Agent
60614
FIRST ANSWER

Latonia, the condo declaration should lay out the rules and regulations regarding the alteration of the exterior walls etc. I would hire a real estate attorney to help you with this.... really they should have not allowed it in the first place, if it is in fact in the declaration...if the declaration has been changed since, I dont think they can make you do anything...again, I am not an attorney. Does it affect the exterior? My recommendation to you is to have a RE attorney read through the declaration of easments as well as the rules and regulations. Good Luck!!!

Fri May 1 2009, 11:35

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