charging different rates for save service

[mihamih13]

What is the name of your state (only U.S. law)? Illinois

Condo association wants to charge different owners different rate for a parking spot. If your garage is empty and you can park a car in it, rate is $800 per year. If your garage is full and you are more likely to need a parking spot, rate is $1200 per year. Is this discrimination? Can the homeowner with the full garage win a lawsuit?

Thanks!

 

[You Are Guilty]

What is the name of your state (only U.S. law)? Illinois

Condo association wants to charge different owners different rate for a parking spot. If your garage is empty and you can park a car in it, rate is $800 per year. If your garage is full and you are more likely to need a parking spot, rate is $1200 per year. Is this discrimination? Can the homeowner with the full garage win a lawsuit?

Thanks!

1) Yes
2) No, at least not based on discrimination grounds (although if your condo docs expressly prohibit what the Board is trying to do, then you have have a valid claim).

 

[mihamih13]

ok thanks for answer. I'm glad I asked second question because if I had stopped with first I would have assumed what they are trying to do is illegal.

 

[You Are Guilty]

ok thanks for answer. I'm glad I asked second question because if I had stopped with first I would have assumed what they are trying to do is illegal.

Most discrimination is perfectly legal and car ownership/storage is not a protected ground. However, the condo does have to abide by its offering plan, declaration, house rules, etc. and if they say no preferred pricing for garage spaces, then the Board can't do it on a contractual basis.

 

[mihamih13]

yeah I read the declaration. There is no such clause. I did not expect one but I expected something that may say that all owners have equal right to common elements. But no such luck either. Declaration specifically says the board can charge license fee for common elements and can change what they charge for as they see fit. I don't actually live there (it's my husband's mother's condo) but this hit me as particularly unfair and I would have been very upset if I were the owner with the full garage. However, I later thought that the owner with the full garage can take out all the junk, take a picture and submit it with application as this is what they require. He can thus avoid the fee LOL. thanks for answer.