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6912 SOUTH MAIN STREET, Suite 200 DOWNERS GROVE, ILLINOIS 60516
phone: 630-969-3903 - fax: 630-969-3931 - contact us

Can you rent your condominium to a tenant? Typically, this question is answered by looking at the Condominium Association By Laws, Rules and Regulations and the original Declaration establishing the Condominium Board. Sometimes, the Declaration is not crystal clear. Strobe v. 842-848 West Bradley Place Condominium Assoc., 2016 Ill.App. 141427 (February 3, 2016). In Strobe, the First District Appellate Court ruled that because the declaration had addressed the matter of leasing, the Declaration intended that owners have the right to lease their units and any amendment or diminution of plaintiff's right to lease their unit must be done through an amendment to the Declaration not a new rule approved by the Board.

In a nutshell, what you can and cannot do with your condominium depends on the Declaration, By Laws, Rules and Regulations and the Illinois Condominium Property Act. In the event the Declaration and the Rules adopted by the Board of Directors conflict, the terms of the Declaration control.

Condo Renting