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…
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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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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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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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Lions and Tigers and Bears, Oh My! Not All Animals Will be Considered Household Pets Under Illinois Law. Not all condominiums and common interest communities permit owners to have pets. In fact, some community associations have no pet policies in place. However, when a condominium or common interest community association does allow owners to have pets, the pet policy contained…
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