Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has is to file a foreclosure action against the unit. However, often times when a unit owner…
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Community associations play a crucial role in managing community living, ensuring that shared spaces are maintained and that residents abide by community rules. Effective governance hinges on active participation from homeowners, particularly during owner meetings. ILCS 160/1-40 of the Common Interest Community Association Act provides guidance with respect to owner meetings. This article will address important items common interest community…
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In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the court held that a unit owner may not modify any common element, including limited…
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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 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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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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