Illinois Condo & HOA Case Law

December 11, 2025

Court Denies Illinois Condo Owner’s Record Request as Overly Broad

765 ILCS 605/19: IL Court Limits Overbroad Condo Record Requests Requests for condominium association records can be a contentious issue between condominium association boards and unit owners. 765 ILCS 605/19 of the Illinois Condominium Property Act gives unit owners the right to examine and copy certain records, but it also limits that requests be made “with particularity.” In Blue Ocean…
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July 2, 2025

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation

When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The Illinois Appellate Court’s decision in Bd. of Directors of Warren Blvd. Condo. Ass’n v. Milton, 399 Ill. App. 3d 922, 927 N.E.2d 176 (1st Dist. 2010), affirms a necessary…
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June 26, 2025

Illinois Court Rules Condo Association Can’t Charge for Leaky Toilet Without Allowing Owner to Repair

When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s the clear message from the Second District Appellate Court in Onan Suites Condominium Association, Inc. v. Johnson, 2018 IL App (2d) 170455-U. The decision provides guidance to Illinois condominium…
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May 5, 2025

Court holds Illinois Condo Association May Prohibit Rentals Under Declaration

Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium.  Though this analysis was conducted within the confines of…
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April 29, 2025

Illinois Appellate Court Decision Reinforces Condo Association’s Right to Assess Deductible After Fire Damage

Illinois condominium associations can be placed in the difficult position of balancing equitable treatment of unit owners with fiscal responsibility following unexpected damage to the property. A recent decision by the Illinois Appellate Court provides critical guidance on an association’s authority to recoup insurance deductibles from a unit owner in circumstances where the damage originates from that owner’s unit. Gelinas…
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April 24, 2025

Illinois Court Decision Supports HOA Authority Over Common Area and Lake Access

If you are a board member of a lake community association in Illinois, you have likely faced the challenge of balancing owner enjoyment with protecting the shared use of the lake. But what happens when your declaration and bylaws do not contain express rule-making authority that grants the community association board the power to create rules for the common areas? …
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