Can Condos Ban Children? Federal Court Says No Under Fair Housing Act Community associations play an integral role in the community. However, community associations that attempt to enact “no children” policies likely run afoul of federal law. That was the case in Simovits v. Chanticleer Condominium Association, 933 F. Supp. 1394 (N.D. Ill. 1996), where the U.S. District Court for…
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Implied Warranty of Habitability in Illinois Condominiums: What Every Unit Owner and Developer Should Know In Illinois, the implied warranty of habitability serves as a fundamental protection for condominium purchasers, ensuring that newly constructed units and their common elements meet basic standards of safety and livability. This doctrine holds developers accountable for latent defects that compromise the habitability of a…
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Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium. Though this analysis was conducted within the confines of…
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Understanding 765 ILCS 605/25: Adding Additional Property to an Illinois Condominium Under Section 25 of the Illinois Condominium Property Act (the “Act”), developers may reserve the right to add additional land to a condominium after it has been created, so long as the original declaration includes certain language required by the Act. See 75 ILCS 605/25. The fact that a…
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