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well um you don’t have to cooperate but
the law requires that you do cooperate
so yes
if 75 of the unit owners in
a building that a given individual lives
in
approve a section 15 sale and there are
holdouts that don’t want to sale i don’t
want to sell and don’t understand how
could i possibly be required
involuntarily to sell my property the
answer is you have no choice
and there’s pretty
good supreme court case law
in illinois that really emanated out of
florida
which was the pioneer of condominiums
that basically says
when you purchase a condominium unit
in a condominium building
you buy it with the knowledge that there
is a condominium declaration that
encumbers your unit
and you buy it with the knowledge that
there is the illinois property
condominium act which is a law that says
what you can and cannot do
and so if you don’t like
the condominium declaration or you don’t
like the statute
don’t buy a condominium by a single
family home
and that’s essentially what the case law
says to unit owners that don’t like the
results here because it’s clear that
section 15 is part of the statute
and if a unit owner had researched the
statute before they bought their
condominium
they should have known that that was a
risk now i will say that when
when a given developer is
creating a condominium or doing a new
development and recording a new
condominium declaration
the original developer or even the unit
owners after a condominium building is
turned over to the unit owners have the
ability to amend the condominium
declaration
and the unit owners could amend a
declaration they need a super majority
in order to amend a condominium
declaration
but the condominium declaration could
provide a higher percentage than the 75
percent which is required under the
statute
so if if a given association
made the decision
that they didn’t want to run this risk
they could vote to increase the
percentage in their condominium
declaration so they could provide that
you need a hundred percent of the unit
owners to vote 90
they can’t go less than the threshold in
the statute but they can go higher
Chicago, IL business attorney Glenn L. Udell discusses your obligation to sell if your condominium is going through a Section 15 deconversion.