Articles published by:

Jeremy Fernando

Condo & HOA Legislation• January 28, 2025

Supreme Court Allows Enforcement of Corporate Transparency Act; FinCEN’s Website Says Filing Requirements Still on Pause

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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Condo & HOA Collections• January 21, 2025

A 3 Step Process for Collecting Condominium & HOA Assessments in Illinois

Assessment payments are the lifeblood for a community association as these payments are generally the sole source of income for most community associations. The income received from assessment payments is used to fund association operations and provide essential services. A community association that fails to collect monthly assessments from its members could find itself in a precarious financial situation which…
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Condo & HOA Legislation• December 23, 2024

5th Circuit Sets Aside Nationwide CTA Injunction on December 23, 2024: Complete your Corporate Transparency Act filings before January 1, 2025!

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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Bylaw & Covenant Enforcement• December 20, 2024

How to Resolve the 5 Most Common Violations of Illinois Condo Bylaws

Each condominium association has governing documents which set forth the contractual relationship between the association and the unit owners. One of those governing documents is the condominium bylaws. A condo association’s board of directors is obligated to enforce the declaration and the bylaws to ensure that each member of the condominium association is abiding by the governing documents. Failure to…
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Fair Housing• December 12, 2024

765 ILCS 605/22.2: Illinois Condo Act Amended to Prohibit Discrimination in Exercising a Right of First Refusal

A new year will bring changes to the Illinois Condominium Property Act. On July 19, 2024, the Illinois state legislature enacted IL HB5502 which amends both the Illinois Conveyances Act and the Illinois Condominium Property Act. The amendments will take effect on January 1, 2025. This article will only discuss the changes to the Illinois Condominium Property Act. Currently, 765…
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Document Amendments• November 27, 2024

765 ILCS 160/1-20: How to Amend the Declaration of an Illinois Common Interest Community Association

The declaration of an Illinois common interest community association governs the administration and functioning of a common interest community association. Common interest communities in Illinois are governed by the Illinois Common Interest Community Association Act. The Common Interest Community Association Act was enacted in 2010 and has undergone a few amendments since its inception. Many common interest community associations have…
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