2023

Condominium Buyers June 15, 2023

What Happens When a Failure to Maintain an Illinois Condo Leads to Distressed Condominium Property Status Under the Illinois Condominium Property Act?

Unfortunately, there are times in which issues within a condominium can lead to a determination that the condominium is “distressed.”  The Condominium Property Act contains provisions that outline what can happen in a situation like that, and provides for certain avenues to try to remedy some of the issues.  This article will outline what happens in that unfortunate situation where…
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Board of Directors June 1, 2023

Illinois Court Rules in Favor of Association in Eviction Action Even Though Board was Not Properly Elected

Recently, the First District Court of Appeals discussed a situation where a unit owner claimed that an eviction action filed by her condominium association was not proper because the members of the association’s board of managers were not properly elected, and as such, the budget setting the amount of assessments was not properly passed.  The case is Hickory Heights Condo.…
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Document Amendments May 15, 2023

How to Amend Your Illinois Condo Documents as Required Under the Illinois Condominium Property Act, 765 ILCS 605/18

How to Amend Your Illinois Condo Documents  There are many reasons why a condominium association may decide to amend its declaration or other governing instruments. For example, if the condominium association was recently transitioned to the unit owners from the developer, then an amendment may be to utilized to make sure that all of the protections for the association are…
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Condo & HOA Collections May 1, 2023

Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160

One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members.  This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year.  However, each association may have different rules as it…
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Community Association Governance & Meetings April 3, 2023

What You Need to Know About Master Community Associations in Illinois

When buying into a condominium in Illinois, one thing that should be reviewed is whether the condo association where the unit is being purchased is part of a “master” or “umbrella” association.  Master associations are a statutory creature whereby multiple condos are run by one entity or where certain aspects of multiple condos are run by one entity.  The concept…
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