advertisement

Condominium laws need to be clarified

Regarding the article written by David Bendoff concerning making associations uniform, I must disagree,

Condominiums are a creature of the legislature. Non-condominium associations are contracts. Unfortunately, our legislature has violated Article 1, Section 10 of the United States Constitution, which states that no state has the authority to modify a private contract.

Currently, the Common Interest Community Association Act is a violation of the United States Constitution. Unfortunately, no attorneys have challenged this issue, since it means less money in their pockets because boards of directors of non-condominium associations do not know whether or not their declarations apply or the Common Interest Community Association Act applies.

Since people who purchased in non-condominium associations made a decision based upon the declaration of restrictive covenants, the state legislature should not have authority to modify those documents, since it is violation of the United States Constitution. That section states: "No state shall enter any law impairing the obligation of contracts ..."

It is about time someone steps forward and makes this point. Further, the Common Interest Community Association Act is extremely poorly written. It uses condo terms that don't apply to non-condominium associations and has several conflicting sections. It needs to.be repealed.

Steven R. Heuberger

Libertyville

Article Comments
Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the "flag" link in the lower-right corner of the comment box. To find our more, read our FAQ.