Free Legal Question: Real Estate Law | Illinois | Can a HOA charge ...

Can a HOA charge a $100 a day fine for a bylaw violation that was corrected 5 weeks before notification?

We have attempted to hit highlights here;

- Our condo has a no-pet policy that we found out about less that 2 weeks before closing

o We had to submit an application to live in the building before we saw the by-laws and did not indicate we had a dog

- The Management Association told us we could be granted an exception due to our dogs age and medical needs (he was a 12 year old lab with Addison?s disease)

- We moved in with our dog under the assumption we could possibly be granted this exception after clearly communicating to the Management Company representation he would be moving in

- The HOA board told us the concept of an ?exception? doesn?t exist and instead we would need to change the by-law altogether, which they would not do

- They asked us to sign a document saying we would remove him within 5 days or they would fine us $100 a day, we would not sign but removed the dog within 7 days

- 5 weeks later the board informed us we were being fined $1,700, $100 for every day he lived in the building

We were hoping to get your opinion on whether we are liable for the $1,700 and should pay it, if given the facts we are liable for less than $1,700, or if we should not be liable for anything

Source: http://www.lawguru.com/legal-questions/-/hoa-charge-day-fine-bylaw-383303505/

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