PROSPERA LAW
Condo Corner: Critical Repairs (Not Litigation) Impact Lending
🏠 Condo Lending in Illinois: What Unit Owners Need to Know About Repairs, Lawsuits, and Mortgage Approvals
When you’re buying, selling, or refinancing a condo in Illinois, one of the biggest factors isn’t just your credit score or income — it’s whether your building qualifies for financing. Recent changes to lending rules from Fannie Mae and Freddie Mac have made building condition and financial health more important than ever.
Here’s a straightforward guide to what these rules mean for you as a condo owner.
🔑 The Big Change: Spotlight on “Critical Repairs”
Since September 2023, lenders have been required to take a closer look at condo buildings. They want to know: is the building safe, well-maintained, and financially stable?
Here’s the difference between repairs that are okay and those that can block lending:
✅ Routine Repairs Don’t Stop Lending
- Roof replacement
- Parking lot repaving
- New hallway carpet or paint
- Normal capital projects already budgeted or covered by assessments
🚫 Critical Repairs Can Make Units Ineligible
- Structural or mechanical systems likely to fail soon
- Major water leaks, mold, or unsafe living conditions
- Evacuation orders or failed safety inspections
- Big repairs ($10,000+ per unit) with no money set aside
If your building has unresolved “critical” issues, lenders may refuse loans until they’re fixed.
⚖️ What About Lawsuits?
One of the most common myths is that any lawsuit makes a condo unfinanceable. That’s simply not true.
- Routine lawsuits — such as slip-and-fall cases, disputes with vendors, or collecting unpaid assessments — usually don’t matter to lenders.
- High-impact lawsuits — such as those involving unsafe construction defects, major repair disputes, or financial instability — can make the building ineligible until resolved.
👉 The bottom line: litigation only matters if it threatens the building’s safety, structure, or financial solvency.
📝 How Lenders Check Your Building
When you (or a buyer) apply for a loan, the lender asks your condo association or management company to complete a questionnaire. This form asks about:
- Building condition (any critical repairs?)
- Inspection reports or engineer findings from the last 3 years
- Reserve funds and financial stability
- Pending litigation (and whether it affects safety/finances)
You, as an owner, don’t fill out the form — but the answers directly impact whether your unit is “lendable.”
👩💼 What You Can Do as an Illinois Condo Owner
Here are practical steps to protect your investment and make sure your condo stays financeable:
- Ask about repairs: Find out if your building has any open “critical repair” issues.
- Check the reserves: A healthy reserve fund reassures lenders.
- Learn about lawsuits: Ask whether any pending cases involve building safety or finances.
- Push for transparency: Request access to board minutes, engineer reports, and reserve studies.
- Stay proactive if selling/refinancing: Talk to your lender early and ask if they’ve had trouble with your building before.
📍 The Illinois Factor
Unlike some states, Illinois law doesn’t force associations to use Fannie Mae or Freddie Mac forms. But here’s the catch:
- Most buyers rely on conventional loans.
- If your association won’t cooperate or gives vague answers, lenders may refuse to finance purchases in your building.
- That can make it harder to sell, and even drive down unit values.
✅ Bottom Line
Your condo’s financing eligibility depends on two main things:
- Are there any unsafe or unfunded “critical” repairs?
- Is the building financially stable and free of high-risk lawsuits?
Routine maintenance and ordinary lawsuits won’t kill a loan. But serious safety issues, major repair delays, or uncooperative boards can.
As an Illinois condo owner, staying informed — and asking the right questions — is one of the best ways to protect your home’s value and keep financing options open for yourself and future buyers.