April 29, 2025
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
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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March 13, 2025
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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February 27, 2025
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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February 20, 2025
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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February 6, 2025
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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