Common space used for personal storage - Chicago, IL

[chicondogal]

I am a condo owner in a 6-unit building in Chicago, IL. We have recently had problems with personally owned/used items being stored in common-use space intended for common-use elements (e.g. the lawn mower purchased by the HOA to cut the grass for the common yard, the snow shovels to clear the commonly used sidewalks, gardening tools, etc.). This has become so problematic that unit-owned storage lockers, which are accessible only by passage through common-use space, are often not accessible by their owners due to the clutter. The unit which mostly contributes to this problem has been verbally warned a number of times to clear the space of personal-items and has either refused to comply to contended that a previous owner in the building (who moved from the building ~ 7 years ago) allowed this type of use and feels the current association is acting unfairly. The HOA met recently to firm up the rules regarding common-use space and voted by majority to allow units with personal-use items a two-week period for it to be cleared out of common-use space. My question is this: once the two-week period is up, the HOA finds that personal-use items remain in the space, are we allowed, as an association, to dispose of that property? What can we do to legally get this problem under control?

[HomeGuru]

Originally Posted by chicondogal

I am a condo owner in a 6-unit building in Chicago, IL. We have recently had problems with personally owned/used items being stored in common-use space intended for common-use elements (e.g. the lawn mower purchased by the HOA to cut the grass for the common yard, the snow shovels to clear the commonly used sidewalks, gardening tools, etc.). This has become so problematic that unit-owned storage lockers, which are accessible only by passage through common-use space, are often not accessible by their owners due to the clutter. The unit which mostly contributes to this problem has been verbally warned a number of times to clear the space of personal-items and has either refused to comply to contended that a previous owner in the building (who moved from the building ~ 7 years ago) allowed this type of use and feels the current association is acting unfairly. The HOA met recently to firm up the rules regarding common-use space and voted by majority to allow units with personal-use items a two-week period for it to be cleared out of common-use space. My question is this: once the two-week period is up, the HOA finds that personal-use items remain in the space, are we allowed, as an association, to dispose of that property? What can we do to legally get this problem under control?

**A: and what did your HOA attorney say?

[chicondogal]

We don't have an attorney for our HOA; we're a small, self-managed building and in our short existance we haven't had situations that would warrant hiring an attorney. I thought this forum would be a good starting point....so I take it your advice would be to hire a lawyer?

[HomeGuru]

Originally Posted by chicondogal

We don't have an attorney for our HOA; we're a small, self-managed building and in our short existance we haven't had situations that would warrant hiring an attorney. I thought this forum would be a good starting point....so I take it your advice would be to hire a lawyer?

**A: right on.

[FarmerJ]

Also learn from your city or local fire dept what the laws are for maintaining clear space /access in all common areas. This could be invaluable as a tool to get compliance.

[HomeGuru]

Originally Posted by chicondogal

I am a condo owner in a 6-unit building in Chicago, IL. We have recently had problems with personally owned/used items being stored in common-use space intended for common-use elements (e.g. the lawn mower purchased by the HOA to cut the grass for the common yard, the snow shovels to clear the commonly used sidewalks, gardening tools, etc.). This has become so problematic that unit-owned storage lockers, which are accessible only by passage through common-use space, are often not accessible by their owners due to the clutter. The unit which mostly contributes to this problem has been verbally warned a number of times to clear the space of personal-items and has either refused to comply to contended that a previous owner in the building (who moved from the building ~ 7 years ago) allowed this type of use and feels the current association is acting unfairly. The HOA met recently to firm up the rules regarding common-use space and voted by majority to allow units with personal-use items a two-week period for it to be cleared out of common-use space. My question is this: once the two-week period is up, the HOA finds that personal-use items remain in the space, are we allowed, as an association, to dispose of that property? What can we do to legally get this problem under control?

**A: the answer is no so talk to your HOA attorney to see what else needs to be done ie. following the state abandoned property laws.