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 Oftentimes, condominium associations suffer costly and avoidable consequences because their governing documents were outdated, incomplete, or in conflict with current law.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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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 the Northern District of Illinois held that a “no children” occupancy rule…
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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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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 developer may expand an already existing condominium may sometimes come as…
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