2025

Animals & Pets March 6, 2025

Emotional Support Animals: Balancing Reasonable Accommodations and Access Restrictions

Navigating the complexities of reviewing and responding to requests for an emotional support animal can be challenging enough but the difficulty in responding to the requests can be further heightened in community associations that prohibit certain animals or prohibit the presence of animals altogether. How can a community association respond to a request for an emotional support animal while also…
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Condo & HOA Collections February 27, 2025

Illinois Court Rules Cumulative Late Fees in Condo Associations Are Unenforceable

Assessments are a community association’s lifeblood, and community associations should ensure that they are timely receiving assessments from owners. Generally, community associations will levy late fees on owners who fail to timely pay their assessments. However, Hidden Grove Condo. Ass’n v. Crooks, 318 Ill. App. 3d 945, 744 N.E.2d 305 (3d Dist. 2001), is an Illinois appellate court case that…
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Condo & HOA Legislation February 24, 2025

Federal Court Reinstates Corporate Transparency Act Beneficial Ownership Reporting Requirements and Deadline Extended by FinCEN

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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Illinois Condo & HOA Case Law February 20, 2025

Illinois Court Rules Condominium Declaration and Zoning Ordinance Prohibiting Short-Term Rentals Are Enforceable

In the past few years, there has been a rise in issues with owners, condominium associations, and short-term renters. The Seventh Circuit’s decision in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) has significant implications for condominium associations and their ability to regulate short-term rentals within their communities. The court’s ruling not only reaffirms the authority of…
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Bylaw & Covenant Enforcement February 6, 2025

Illinois Court Orders Condo Owner to Install Carpeting Due to Noise Complaints

A condominium association’s governing documents contain restrictive covenants that can help preserve property values, protect shared resources, and ensure a harmonious living environment. A condominium association should enforce these restrictive covenants uniformly to ensure there is no disparate treatment of unit owners. Board of Directors of Plum Creek Condominium Ass’n v. Oleg Lorman, 2013 IL App (1st) 121198-U, revolves around…
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Condo & HOA Legislation January 28, 2025

Supreme Court Allows Enforcement of Corporate Transparency Act; FinCEN’s Website Says Filing Requirements Still on Pause

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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