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Updated 12 months ago, 12/27/2023
HOA fined me $12,000 for allegedly short-term renting my condo (Chicago)
Hello BP Community,
I've been accused of short-term renting my unit (which I have not) and was fined $12,000. Furthermore, the building's bylaws have a 25% rental cap, and my unit is NOT approved, yet I informed them that as an absentee owner, I shared my space (using a roommate agreement) to manage costs and that concurrent occupancy is permitted by the bylaws. However, there seemed to be a misunderstanding around the term "concurrent occupancy," with them giving an example of a married couple. I questioned the relevance, asking why a married pair would have a lease amongst themselves. They remained unyielding in their stance.
After their decision, in goodwill, I offered to show them my roommate agreements for 12 months terms (which I did), terminated my roommate's agreement as they requested (which I did) and even proposed selling my condo (currently for sale). However, the HOA's attorney said their decision stands, leaving me with a hefty $12,000 fee.
I have done everything within my power to be amicable and respect the HOA's authority in the matter. At this point, I would be content with mediation and having the HOA just wave the fine to prevent me from selling the unit. The HOA board, however, doesn't seem to be vested in resolving the matter and the $12,000 balance remains in my account and the only form of communication they will have with me is via their attorney.
Although I didn't actually stay at my unit during the lease term (my primary home is in Florida), I genuinely thought that I was within my rights to share my space based on the rules and regulations.
So my question is, should I just pay the fine, sell the condo and chalk this up as a lesson learned? Or do I have any recourse in this situation?
Thank you,
Mergim