P.B. from Illinois writes:
Dear Mister Condo,
In Illinois, can rules and regulations contradict the condo act and or our declaration?
Mister Condo replies:
P.B., typically, local state and federal laws will trump rules and regulations in any condo association, regardless of state. I am neither an attorney nor an expert in Illinois condominium law so you may wish to check with an attorney for a legal opinion. I am also unsure of which rules and regulations you feel are in contradiction to Illinois law. Have you brought the matter to the Board’s attention? If they have a community association attorney on retainer, they may wish to inquire, especially if they are inadvertently violating the law. The Board or the association could end up being sued for not following law, regardless of what the declaration says. Good luck!
1 thought on “Association’s Rules and Regulation Contradict State’s Condo Law”
As usual Bob is correct. The hierarchy is as follows:
The Declaration (The top governing document of the association)
Articles of Incorporation (Establishes the Association as a Company)
By-Laws (Provides Mechanisms to Implement the Declaration)
Rules and Regulations (Detailed Procedures for Operating the Association)
The following is a link to an excellent article that you may want to read on the subject. Its a simple guide to association documents.