Brian Feldman, Author at The Illinois Condo and HOA Law Blog

About the Author

Brian Feldman is a Senior Attorney at Hirzel Law, PLC, representing condominiums and common interest communities across Illinois in matters involving governing document enforcement, amendments, and state and federal court litigation. Prior to joining the firm in 2025, he was a partner at a Chicago-area law firm representing businesses, individuals, and community associations in a broad range of civil litigation matters. Learn more on his full bio at hirzellaw.com.

Developers• May 28, 2026

Illinois Court Confirms Developers Must Fund Adequate Condominium Reserves

Illinois condo developers have a fiduciary and statutory duty to fund adequate reserves before turnover. Learn what the Weathersfield ruling means for boards.

Illinois Condominium Property Act• April 30, 2026

Illinois Condo Eviction: Counterclaims Are Not a Defense to Unpaid Assessments

An Illinois court held that owner counterclaims are not germane to a condo eviction for unpaid assessments. What boards must know about collecting dues.

Illinois Condo & HOA Case Law• March 23, 2026

Bankruptcy Discharge Bars Illinois Condo Eviction for Unpaid Assessments

Illinois condominium associations cannot take collection action against a unit owner who is discharged in bankruptcy with respect to unpaid condominium assessments that predate the bankruptcy filing. Doing so may result in sanctions being entered against the condominium association. This was the central issue in In re Terrell, 614 B.R. 300 (Bankr. N.D. Ill. 2020). In that case, a delinquent…

Appellate Court• March 5, 2026

Illinois Court: Declaration Controls over HOA Rules

Illinois homeowners associations cannot enforce a rule that contradicts their recorded declaration. This was the central issue in Kubik as Tr. of Sarah J. Kubik Declaration of Tr. Dated Feb. 1, 2002 v. Darien Club Owners Ass’n (2025 IL App (3d) 240546-U), a dispute arose as to whether the installation of fencing was permitted as the HOA’s rules and regulations…

Condo & HOA Collections• February 5, 2026

The Cost of Collecting Delinquent Assessments in Illinois Condos

What does it cost an Illinois condominium association to collect unpaid assessments? The answer depends on several factors, including the declaration, the bylaws, the unit owner’s willingness to cooperate, whether the case goes to court, and how far it proceeds in court. Fortunately, many Illinois condominium declarations and bylaws allow associations to recoup collection costs, including attorney’s fees, and costs…

Board of Directors• January 23, 2026

Illinois Condo Board Leasing Rules Invalid If They Conflict With Declaration

Members within a condominium association often question whether a condominium association’s board of directors can adopt a rule that directly conflicts with the association’s declaration. The question often arises when a condo board seeks to adopt a rule that is either more restrictive or less restrictive than certain language contained in the declaration, such as restrictions pertaining to the leasing…

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