Articles published by:

Jeremy Fernando

Rules and Regulations• September 19, 2024

Political Signs in Community Associations: Balancing Free Speech and Bylaws

As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I, Section 4 of the Illinois Constitution. In contrast, community associations…
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Rules and Regulations• September 12, 2024

765 ILCS 605/18.4: What Illinois Condominium Board Members Need to Know Before Adopting Rules & Regulations

Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the property. This article will address the key items board members should know before adopting rules and…
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Document Amendments• August 29, 2024

765 ILCS/27: How to Amend an Illinois Condominium Declaration?

Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act. What percentage of unit owners must agree to amend the condominium declaration? 765 ILCS 605/27(a)(i) provides that…
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Fair Housing• August 21, 2024

765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act

The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on…
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