2024

Financial Issues, Budgets & Reserves July 11, 2024

Should You Discount Assessments for Board Members?

In community associations, a frequently debated topic is whether board members should receive discounted assessments as compensation or recognition for their service. This issue is particularly relevant in Illinois, where community associations must navigate both legal frameworks and ethical considerations. Legal Framework According to the Illinois Condominium Property Act, no provision allows for the discounting of assessments for any unit…
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Board of Directors June 20, 2024

765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act

Requests to install electric vehicle charging stations have become commonplace in Illinois community associations.  By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles.  The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the…
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Bylaw & Covenant Enforcement June 11, 2024

4 Step Process to Enforcing Condominium Bylaws

Enforcing condominium bylaws is essential for maintaining the harmony and integrity of a community. At Hirzel Law, we understand the complexities involved in this process and offer a straightforward four-step approach to ensure compliance and resolve conflicts effectively. Here’s a detailed guide on how to enforce condominium bylaws in Illinois, incorporating our expert process: Step 1: Identify and Document the…
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Board of Directors April 3, 2024

765 ILCS 605/18.6 & 765 ILCS 160/1-70: A guide to displaying an American or Military flag in an Illinois Community Association

Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years.  In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries.  Generally, a community association has broad authority to…
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Condo & HOA Collections March 19, 2024

Unlocking Success: Using Legal Representation Over Collection Agencies for Delinquent Condominium Assessments

Community associations play a crucial role in maintaining the integrity and functionality of shared living spaces. However, when faced with delinquent condominium assessments, these associations often encounter significant challenges in recovering the owed amounts. While some may consider turning to collection agencies as a solution, there are compelling reasons why community associations should select a law firm instead. Debt collection…
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Board of Directors March 5, 2024

Federal Court rules that the Corporate Transparency Act is Unconstitutional: What does it mean for Community Associations?

On January 1, 2024, the Federal Crimes Enforcement Network (“FinCEN”) opened its online portal for corporate entities in the United States to begin compliance with the new reporting requirements under the Corporate Transparency Act (“CTA”). As discussed in our previous article, Navigating the CTA:  A Guide for Condos and HOAs to comply with the Corporate Transparency Act, the CTA would…
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