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The Illinois Condo and HOA Law Blog

Appellate Court, Appellate court confirms HOA boards can grant variances without membership approval

When a homeowner requests an exception to architectural restrictions, HOA boards often face a difficult decision. Granting a variance can lead to disputes with neighbors and potential litigation. A recent Illinois appellate court decision provides helpful guidance on when a community association board can approve

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Illinois Condo Disclosure Fees: No Private Right of Action Under Section 22.1

The process of selling a condominium unit in Illinois requires sellers to provide buyers with detailed disclosure documents under 765 ILCS 605/22.1 of the Illinois Condominium Property Act. These disclosures provide essential information about the condominium association’s finances, governance, and anticipated capital expenditures. However, disputes

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Can Illinois HOAs Enforce Covenants Without Violating Fair Housing Laws?, Restrictive Covenants

Illinois community associations regularly face difficult enforcement decisions when homeowners claim that a rule interferes with their personal beliefs or activities. A recent Illinois appellate court decision confirms that enforcing neutral covenants, such as single-family use and leasing restrictions, does not, in itself, constitute unlawful

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Common Elements, Illinois Appellate Court, Illinois Condo Law on Leaking Pipes and Repair Responsibility

Condominium associations are often caught in the middle of disputes over water damage, plumbing failures, and competing insurance claims. In Jasinska v. Briar Hill II Condo. Ass'n, 2018 IL App (2d) 170307-U, the Illinois Appellate Court affirmed judgment in favor of a condominium association where

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Illinois Condo Association Sanctioned for Violating Bankruptcy Discharge

Illinois condominium associations cannot take collection action against a unit owner who is discharged in bankruptcy with respect to unpaid condominium assessments that predate the bankruptcy filing. Doing so may result in sanctions being entered against the condominium association. This was the central issue in

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Emergency Repairs, Illinois Appellate Court, Special Assessment

Illinois condominium association boards frequently face difficult decisions when unexpected building repairs arise, especially when those repairs require large special assessments. A recent Illinois appellate decision provides important guidance on when an Illinois condominium board may impose a significant special assessment without first obtaining unit

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