For most condominium associations in Illinois, the idea of removing or “withdrawing” a portion of the condominium property is something they may never expect to confront. Yet when it does arise, often due to eminent domain or the partial condemnation of a building, condominium associations must comply with the Illinois Condominium Property Act (765 ILCS 605/1). 765 ILCS 605/14.1 of…
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In Thai v. Triumvera 600 Naples Ct. Condo. Ass’n, 2020 IL App (1st) 192408, Plaintiffs, Matthew Thai, Tuyetha Dinh, and one of their four minor children (collectively “Plaintiffs”) filed an amended complaint against Triumvera 600 Naples Court Condominium Association (“Association”) alleging various claims, including claims for violating the Illinois Human Rights Act (“IHRA”),775 ILCS 5, et seq. At issue in…
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Illinois Condo Developer’s Amendment to Declaration Invalid When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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765 ILCS 605/19: IL Court Limits Overbroad Condo Record Requests Requests for condominium association records can be a contentious issue between condominium association boards and unit owners. 765 ILCS 605/19 of the Illinois Condominium Property Act gives unit owners the right to examine and copy certain records, but it also limits that requests be made “with particularity.” In Blue Ocean…
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When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast Communications, 2025 IL App (1st) 241772-U, provides…
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CONDO DEVELOPER ON THE HOOK FOR ASSESSMENTS FOR UNDEVELOPED COMMERCIAL CONDOMINIUM UNITS Many condominium associations face uncertainty regarding whether a developer is responsible for paying assessments on units the developer still owns. It becomes even more ambiguous when those units are vacant or undeveloped. This issue often arises after developer turnover, when a developer may leave an association with limited…
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