When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast Communications, 2025 IL App (1st) 241772-U, provides…
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What Illinois Condominium Associations Must Know About Conducting Board Elections Elections play a vital role in maintaining a well-governed condominium community. A properly conducted election ensures that unit owners’ voices are heard and that the association’s leadership reflects the collective will of the community. However, many condominium associations in Illinois overlook the specific legal requirements that govern the election process…
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Can Illinois Condo Associations’ Recover Attorney’s Fees After Delinquent Owners Make Payment? When condominium unit owners fall behind on assessments, most board members understand that the association has the legal authority to initiate collection efforts and, in some cases, litigation. However, if a unit owner eventually pays all outstanding assessments, should the homeowners association still be entitled to recover its…
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Who is Liable for Structural Repairs: Condominium Associations or Unit Owners? When condominium associations are faced with structural repairs, one of the most challenging questions that arises is: who should bear the cost? The court’s decision in Faddis v. Board of Directors of 1850-56 N. Lincoln Avenue Condominium Association, 2014 IL App (1st) 132484 (unpublished order under Supreme Court Rule…
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How Illinois Associations Must Record a Lien to Prevent a Breach of Fiduciary Duties When condominium associations record a lien against a unit owner, they must ensure that the lien is legally valid and properly calculated. In Du Bois v. Sherwood Commons Townhome Owners Ass’n, Inc., 2025 IL App (3d) 240122-U, the Illinois Appellate Court ruled associations cannot disregard court…
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Are Your Restrictive Covenants Clear? Preventing Commercial Use in Residential Condos When condominium unit owners purchase their homes, they often assume they have broad discretion over how they use their units. However, condominium living is subject to numerous restrictions, set forth in a condominium association’s declarations, bylaws, rules, and regulations (altogether known as restrictive covenants) and the Illinois Condominium Property…
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