Articles published by:

Hirzel Law

Condominium Buyers October 1, 2023

What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act 

As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s).  Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a valid basis after June of…
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Deed Restrictions August 1, 2023

What an Illinois Condo Needs to Know About Easements for Cable and Internet in Accordance with Sections 14.3 and 18.4(o) of the Illinois Condominium Property Act

Having quality access to cable television and internet has become nearly an absolute right to many homeowners, and the need for this service (especially the internet) was heightened during the COVID-19 pandemic when many more people started to work from home.  Along those lines, a condominium association may be approached to provide an easement in favor of a cable television…
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Community Association Governance & Meetings July 15, 2023

Do We Have to Make All Board Meetings Open to the Members of the Association? 

Three of the most frequently asked questions by boards of condominiums and common interest communities are: (1) do all the unit owners get invited to every board meeting; (2) what constitutes an actual board meeting; and (3) can the board discuss items outside a formal board meeting setting.  In this article, it is our goal to answer all three of…
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Condominium Buyers June 15, 2023

What Happens When a Failure to Maintain an Illinois Condo Leads to Distressed Condominium Property Status Under the Illinois Condominium Property Act?

Unfortunately, there are times in which issues within a condominium can lead to a determination that the condominium is “distressed.”  The Condominium Property Act contains provisions that outline what can happen in a situation like that, and provides for certain avenues to try to remedy some of the issues.  This article will outline what happens in that unfortunate situation where…
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Board of Directors June 1, 2023

Illinois Court Rules in Favor of Association in Eviction Action Even Though Board was Not Properly Elected

Recently, the First District Court of Appeals discussed a situation where a unit owner claimed that an eviction action filed by her condominium association was not proper because the members of the association’s board of managers were not properly elected, and as such, the budget setting the amount of assessments was not properly passed.  The case is Hickory Heights Condo.…
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