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Section 18.4(l) of the Illinois Condominium Property Act state that if someone is believed to be in violation of any of the provisions of the BY-LAWS and DECLARATION or the RULES AND REGULATIONS, a signed, written complaint (Sample Form 1) must be submitted by an owner, the property manager, a resident, or a member of the Condominium Association Board of Directors. You may obtain a complaint form from ACM by telephone or from the Princeton section of the ACM website. If a complaint is received that you are in violation, you will be given a written warning that includes:
A written notice, sent via U.S. mail, is deemed to be sufficient notice of the complaint and the opportunity to have a hearing. If you do not request a hearing or do not appear at a hearing you have requested, the process will proceed without you. Hearings are normally held at the monthly meeting of the Board of Directors. At the hearing, you will have the opportunity to respond to the evidence presented to the Board. The identities of complainants will be kept confidential in all Association hearings; hearings will be conducted during Executive Session and will be closed to the public. The Association Board of Directors will make a determination from the hearing and issue its findings, in writing (Sample Form 3), to the alleged violator. If a unit owner does not remedy the violation, and is found responsible for the violation by the Association Board, a violation notice will be issued that will inform you of
If a violation is not remedied within the specified time – for example, relocation of a satellite dish – it may be considered an ongoing violation, with fines accruing until the remedy is in place. A violation that is remedied and occurs again – for example, unleashed pets – may be considered a separate violation, and may incur additional fines. In addition to fines, penalties available to the Board include costs to remedy damage; attorney and collection fees, property liens and legal action. Unpaid fines and other charges are posted to the unit’s Association account, and may be collected at closing when the unit is sold. Fines are assessed and escalate as follows: FIRST OFFENSE WARNING Failure to remedy $25.00, plus $5.00/day (if ongoing), plus costs SECOND OFFENSE $50.00, plus $5.00/day (if ongoing), plus costs THIRD OFFENSE $100.00, plus $5.00/day (if ongoing), plus costs FOURTH OFFENSE $150.00, plus $5.00/day (if ongoing), plus costs The Association Board reserves the right to assess fines of $5.00 per diem for violations of an ongoing nature, and shall provide notice thereof. The Association Board reserves the right to pursue any and all legal remedies to compel enforcement, legal and equitable. Costs and attorneys’ fees shall be charged to the unit owner at the time they are incurred. If your fines and other costs remain unpaid, the Board has the right to add them to your unit’s assessment account; any outstanding balance in this account must be paid to the Association at closing before you can sell your unit.
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