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
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
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
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
Illinois homeowners associations cannot enforce a rule that contradicts their recorded declaration. This was the central issue in Kubik as Tr. of Sarah J. Kubik Declaration of Tr. Dated Feb. 1, 2002 v. Darien Club Owners Ass'n (2025 IL App (3d) 240546-U), a dispute arose
On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting
