Articles published by:

Hirzel Law

Condo & HOA Collections• May 1, 2023

Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160

One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members.  This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year.  However, each association may have different rules as it…
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Community Association Governance & Meetings• April 3, 2023

What You Need to Know About Master Community Associations in Illinois

When buying into a condominium in Illinois, one thing that should be reviewed is whether the condo association where the unit is being purchased is part of a “master” or “umbrella” association.  Master associations are a statutory creature whereby multiple condos are run by one entity or where certain aspects of multiple condos are run by one entity.  The concept…
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Community Association Governance & Meetings• March 2, 2023

Mandatory Disclosures in Illinois Condo Resales

Anyone who has ever purchased or sold a condo in Illinois understands that there are certain disclosures about the condominium and the condominium association that must be made by the seller.  Section 22.1 of the Illinois Condominium Property Act outlines the manner in which these disclosures are to be made.  Importantly, these disclosures are a supplement to, and not in…
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Bylaw & Covenant Enforcement• February 1, 2023

What to Do When a Unit Owner Violates The Condo Bylaws

The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium.  One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its bylaws and rules and regulations.…
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Bylaw & Covenant Enforcement• December 1, 2022

How to Impose and Enforce Fines in an Illinois Condo Association

As Illinois’ First District Appellate Court recently stated, “[c]ondominiums are creatures of statute and, thus, any action taken on behalf of the condominium must be authorized by statute.” Glazer v. Priv. Residences at Ontario Place Condo. Ass'n, 2022 IL App (1st) 210156, ¶ 22. Along those lines, “[t]he affairs of condominium associations are controlled by the Condominium Property Act,” and…
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