Apartment Owner Inquires About Selective Enforcement in Illinois

Question:

Hello, I have problems with the apartment association. More than 4 years ago, I bought the apartment in which I currently live. I liked that there is parquet flooring everywhere. at the meeting before I bought the apartment from the board they informed me that I have to cover it with carpets I agreed and I have not had any problems for four years for three four months there is a new owner under me and she complains that there is noise I live alone with my husband who Most of the time it is on the road, my grandchildren come at 3 months once and they are still babies. the association is asking me to carpet the entire area of ​​the apartment. The building was built in the 70s and is made of wood so every noise is heard And I hear noises from everywhere. washing machines are not allowed in the building, but I have information that more than half of the apartments have parquet floors and have washing machines. Please give me advice on what I can do to avoid covering the nice parquet floor with carpet, which is quite expensive. Thank you in advance

– Irene

 

Answer:

Hi Irene,

First, you must check the governing documents of your HOA, particularly the CC&Rs. These documents will tell you whether or not the association or board has the authority to order you to carpet your floor. If your documents do allow the board to do this, and you know that other units are not in compliance, you can make a complaint to your board and bring up the issue of selective enforcement. Selective enforcement is when the HOA or board enforces a rule inconsistently or arbitrarily. In your case, some units have parquet floors while the board is asking you to carprt yours.

It would be best to seek further advice from a lawyer.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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