Construction defects are a frequent problem in new construction condominiums in Illinois. When the developer’s appointees control the board of directors, they rarely will take action to hold the developer responsible for construction defects. However, after control of the board of directors is transitioned to the owners, the owner controlled board of directors typically investigates potential construction defect claims related…
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Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the property. This article will address the key items board members should know before adopting rules and…
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Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act. What percentage of unit owners must agree to amend the condominium declaration? 765 ILCS 605/27(a)(i) provides that…
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The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on…
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The Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/1, et seq., governs the installation of solar panels in Illinois homeowners associations, common interest community associations, and condominium associations. This article will provide critical guidance to community association board members on how to comply with the Homeowners Energy Policy Statement Act and adopt a solar energy policy to avoid potential…
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The Illinois Homeowners’ Native Landscaping Act, 765 ILCS 167/1, et seq., which became effective on July 19, 2024, regulates the ability of Illinois community associations to prohibit certain types of landscaping. The declaration and rules and regulations of most Illinois community associations will typically require some form of approval for an owner to install landscaping, but they are typically silent…
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