In Bd. of Managers of Inverrary Condo. Ass’n v. Karaganis, 2017 IL App (2d) 160271, 80 N.E.3d 48, the Illinois Appellate Court clarified the enforcement powers available to condominium associations under the Forcible Entry and Detainer Act (735 ILCS 5/9-101). Specifically, the court held that a condominium association may pursue a money judgment, not just possession, against a delinquent unit…
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When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s the clear message from the Second District Appellate Court in Onan Suites Condominium Association, Inc. v. Johnson, 2018 IL App (2d) 170455-U. The decision provides guidance to Illinois condominium…
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One of the most significant challenges facing board members taking over a newly built condominium, townhomes, or single-family homes is that the community association is often turned over from the developer with minimal funds. Developers often set unrealistically low initial assessments to make homes or condominium units more appealing to buyers, creating the false impression that assessments will remain low.…
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When was the last time your condominium association reviewed its declaration and bylaws? If your condominium association’s governing documents have not been reviewed or revised recently, the condominium association may have significant legal liability. Oftentimes, condominium associations suffer costly and avoidable consequences because their governing documents were outdated, incomplete, or in conflict with current law. While many condominium associations are…
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In a ruling reinforcing the need for consistency in architectural approvals, the Illinois Appellate Court recently sided with homeowners who challenged their association over alleged arbitrary and subjective building requirements. The case, Patel v. Prairie Lakes Homeowners Association of Illinois, Inc., 2023 IL App (2d) 230158-U, offers a cautionary tale for association boards attempting to enforce design restrictions beyond the…
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