Articles published by:

Jeremy Fernando

Document Amendments• April 1, 2025

How to Combine Condominium Units Under the Illinois Condominium Property Act (765 ILCS 605/29 and 765 ILCS 605/31): What Every Unit Owner and Board Needs to Know

As property values rise and unit owners look for ways to customize their living space, combining adjacent condominium units has become increasingly popular in Illinois. Whether creating a more prominent primary residence or expanding investment potential, the Illinois Condominium Property Act provides a pathway for combining units. If you’re a unit owner considering this option or a board member evaluating…
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Community Association Governance & Meetings• March 13, 2025

Illinois Appellate Court Decision Demonstrates Illinois Condominium Associations Must Follow Strict Legal Procedures for Board Meetings, Voting, and Governance

Illinois condominium boards often overlook minor procedural details—until a lawsuit forces costly reversals. A recent Illinois appellate court case underscores why compliance with governing documents is critical to avoid legal trouble. In Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 (2024), an Illinois appellate court reinforced the importance of following condominium declaration requirements when amending governing documents and…
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Condo & HOA Collections• February 27, 2025

Illinois Court Rules Cumulative Late Fees in Condo Associations Are Unenforceable

Assessments are a community association’s lifeblood, and community associations should ensure that they are timely receiving assessments from owners. Generally, community associations will levy late fees on owners who fail to timely pay their assessments. However, Hidden Grove Condo. Ass’n v. Crooks, 318 Ill. App. 3d 945, 744 N.E.2d 305 (3d Dist. 2001), is an Illinois appellate court case that…
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Condo & HOA Legislation• February 24, 2025

Federal Court Reinstates Corporate Transparency Act Beneficial Ownership Reporting Requirements and Deadline Extended by FinCEN

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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Illinois Condo & HOA Case Law• February 20, 2025

Illinois Court Rules Condominium Declaration and Zoning Ordinance Prohibiting Short-Term Rentals Are Enforceable

In the past few years, there has been a rise in issues with owners, condominium associations, and short-term renters. The Seventh Circuit’s decision in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) has significant implications for condominium associations and their ability to regulate short-term rentals within their communities. The court’s ruling not only reaffirms the authority of…
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Bylaw & Covenant Enforcement• February 6, 2025

Illinois Court Orders Condo Owner to Install Carpeting Due to Noise Complaints

A condominium association’s governing documents contain restrictive covenants that can help preserve property values, protect shared resources, and ensure a harmonious living environment. A condominium association should enforce these restrictive covenants uniformly to ensure there is no disparate treatment of unit owners. Board of Directors of Plum Creek Condominium Ass’n v. Oleg Lorman, 2013 IL App (1st) 121198-U, revolves around…
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