Rentals in 60625>Question Details

Melissa, Real Estate Pro in Dublin, OH

Rental limitations in a condo building

Asked by Melissa, Dublin, OH Mon Sep 17, 2012

I rent my condo in Chicago. There are 10 units and 3 of them are leased at the moment. Board is trying to pass rental limitations that limits the number of rentals to 3 and also put time limitations on existing rentals.
Does this rule apply to me?

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The board went around the 3 unit owners(landlords) and passed a NO rental amendment. And none of us was grandfathered in.
The board meeting minutes that the rental limitation has been discussed had nothing in them about no rental limitation. We were all shocked.
It is really ugly for me right now.
0 votes Thank Flag Link Wed Jul 10, 2013
All votes must be done at an open board meeting that was announced. Rules cannot be retroactive. Leases are binding contracts and must be honored. Read your bylaws and see if this was address, or if how rule changes were addressed. Their actions may have been contrary to the law and you can draft a letter to the associations lawyer and bring it to their attention.
Flag Wed Jul 10, 2013
You may talk to an attorney.
0 votes Thank Flag Link Wed Jul 10, 2013
So, what happened? Did they pass the amendment? Were you grandfathered in?
0 votes Thank Flag Link Mon Jul 8, 2013
You might want to confer with an attorney. I know several great ones here in Chicago.
0 votes Thank Flag Link Mon Sep 17, 2012
There are currently 3 rentals in the building and I own one of them. The board is putting a 3 unit max limitation. They are also putting a 3 year maximum rule to the period you can rent your condo. 1 unit has been renting for 6 years. So if the amendment passes, that unit can not rent its unit anymore.
Can they put such a limitation? Doesn't that unit have the right to say " No you can't apply this rule to me since I rented my place prior to the by-law change?"
0 votes Thank Flag Link Mon Sep 17, 2012
Why are you assuming your rental won't be covered? The board is likely trying to limit the rentals in the building to the ones that currently exist.
0 votes Thank Flag Link Mon Sep 17, 2012
I am the owner.
The amendment doesn't have any wordage about grandfathering in the existing rentals.
Can I take this to court?
0 votes Thank Flag Link Mon Sep 17, 2012
I doubt that they can force you to terminate your lease, however, is your unit included in the leasing numbers you provided?
Flag Mon Sep 17, 2012
Are you the renter or the owner of the condo?

It sounds like the board wants to limit the rentals to who is currently renting, so you will be covered. If you are the renter you can stay for the duration of your lease. What kind of time limitations are they proposing?
0 votes Thank Flag Link Mon Sep 17, 2012
You need to read the bylaws and rule to see what, if anything, they say about the issue. If nothing is said they can pass any rule they want with the proper number of votes. Often, but not always, they grandfather in current rentals. It would be to the advantage of ALL owners to not make rental rules too restrictive as this is not good for resale value
0 votes Thank Flag Link Mon Sep 17, 2012
Thanks for the answers.
How can I make sure that I am grandfathered in? Let me ask this way; if I knew they would put a rental limit, I wouldn't have rented my condo in the first place.
Now they can tell me, your 3 years is up. You can't rent anymore.
Any suggestions?

ps: The current by-laws have no rental limitations.
0 votes Thank Flag Link Mon Sep 17, 2012
Has an amendment been passed, drafted by an attorney and recorded yet? If units are grandfathered in, the amendment would state that. It would also state how many times in a row a unit can be rented.
Flag Mon Sep 17, 2012
Depends on what the amendment to the Declaration reads and whether or not current rentals would be grandfathered in. Typically, that is the case. Once those sell only 3 out of 10 can be rented at any one time if that is how they want to set it up.


Steve Stenger
President
Condo Approval Professionals LLC
(847) 293-2962
0 votes Thank Flag Link Mon Sep 17, 2012
If it passes. They need 67.5% of the vote though. There is many ways to go about it though. You can try and be grandfathered in. I would speak with the association. You are part of it.
0 votes Thank Flag Link Mon Sep 17, 2012
Contact your board and ask for the details to see if you are "grandfathered" in.
0 votes Thank Flag Link Mon Sep 17, 2012
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