Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also…
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Effectively Using Fines to Enforce Illinois Condo & HOA Bylaws Enforcing the governing documents plays a key role in successfully operating a community association. Unruly behavior by a unit owner can lead to unhappy neighbors and a potential decrease in property values. Therefore, it is imperative that a community association’s board understand the remedies at its disposal to address improper…
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Illinois Appellate Court Holds that Condominium Association Entitled to Collect All Unpaid Assessments from Foreclosure Purchaser Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has…
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765 ILCS 160/1-40: What Every Homeowners Association Needs to Know About Owner Meetings Community associations play a crucial role in managing community living, ensuring that shared spaces are maintained and that residents abide by community rules. Effective governance hinges on active participation from homeowners, particularly during owner meetings. ILCS 160/1-40 of the Common Interest Community Association Act provides guidance with…
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Understanding Owner Restrictions on Limited Common Elements: Key Legal Guidance for Illinois Community Associations In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the…
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Political Signs in Community Associations: Balancing Free Speech and Bylaws As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I,…
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