2025

Bylaw & Covenant Enforcement July 30, 2025

Can Illinois Condos and HOAs Ban Home-Based Businesses? Understanding Commercial Use Restrictions

The COVID-19 pandemic spurred a trend in which many owners in community associations shifted to remote work, with either hybrid or fully remote positions.  According to a recent study, 22% of the workforce in the United States, or over 32.6 million Americans, work remotely. In other cases, owners in a condominium or homeowners associations started businesses out of their homes. …
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Financial Issues, Budgets & Reserves July 21, 2025

HB 2563: New Illinois Legislation May Require Condo and HOA Reserve Studies Every 5 Years

Illinois’ 2025 legislative session began January 8 and adjourned May 31. Nearly 7,900 bills were introduced during the 2025 session. HB 2563/SB 1703 is legislation that would require condominium associations governed under the Illinois Condominium Property Act (765 ILCS 605/1 et. seq) and homeowners associations governed under the Illinois Common Interest Community Association Act (765 ILCS 160/1 et. seq) with…
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Condo & HOA Collections July 2, 2025

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation

When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The Illinois Appellate Court’s decision in Bd. of Directors of Warren Blvd. Condo. Ass’n v. Milton, 399 Ill. App. 3d 922, 927 N.E.2d 176 (1st Dist. 2010), affirms a necessary…
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Condo & HOA Collections June 30, 2025

Illinois Ruling Clarifies Associations’ Rights in Forcible Entry and Detainer Actions

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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Illinois Condo & HOA Case Law June 26, 2025

Illinois Court Rules Condo Association Can’t Charge for Leaky Toilet Without Allowing Owner to Repair

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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Construction Defects & Developer Turnover June 23, 2025

Illinois Condo Developers have a Fiduciary Duty to Create a Reserve Fund after recording the Declaration

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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