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Hirzel Law

Condo and HOA Cases August 2, 2022

What You Need to Know About an Illinois Condominium Deconversion

There are certain circumstances where the best interests of a condominium is to change from a condominium structure to a rental structure for the building or buildings. One common reason given is the market at that time favors rental units over condominiums, especially if financing is difficult to obtain for prospective purchasers. Other issues may also drive this decision, including…
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Condo & HOA Collections July 18, 2022

Illinois Condominium Lien Property: What Encumbrances Does a Condo Lien Have Priority Over Under 765 ILCS 605/9(g)?

The Illinois Condominium Property Act, 765 ILCS 605/1 et seq. outlines the process for a condominium association to record a lien on a condominium unit when a unit owner is not paying its share of common expenses or fines. More specifically, Section 765 ILCS 605/9(g) of the Condominium Property Act provides that a condominium association has an automatic lien for…
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Bylaw & Covenant Enforcement July 5, 2022

Home-Based Business Restrictions in Illinois Condo Associations

One of the lasting effects of the COVID-19 pandemic is an increase in home based businesses in condominium and homeowners associations. The Small Business Administration estimates that over fifty percent of all small businesses in the United States are home-based, with an even larger percentage of small businesses in certain sectors such as construction and professional technical services being based…
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Condo and HOA Cases June 3, 2022

Pool Regulations in Common Interest Communities in Illinois

Many condominium and other common interest communities throughout Illinois have pools as part of the amenities for their members. Due to the nature of this amenity, and the nature of potential liability exposure, associations will generally have very specific rules and regulations that govern the use of these pools for the unit owners. For the most part, reasonable rules and…
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Bylaw & Covenant Enforcement May 16, 2022

What You Need to Know About Parking Issues in an Illinois Condo or Common Interest Community Association

Parking in an Illinois condominium or common interest community association setting can create many different issues for a board. Community associations may have to deal with everything from requests for parking accommodations made by unit owners to enforcing rules regarding the parking spaces and the use of same. Many times, a unit owner may be improperly using the parking area,…
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Construction Defects & Developer Turnover May 3, 2022

HOA Developer Turnover: How to Transfer an Illinois HOA From a Developer to The Owners

Whenever a new condominium or common interest community is created, there needs to be a transfer of control of the homeowners association from the developer to an owner-controlled board of managers. The Illinois Condominium Act and the Illinois Common Interest Community Association Act both include specific timelines and requirements to ensure that the transfer from the developer to the community…
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