Jeremy Fernando, Author at The Illinois Condo and HOA Law Blog

About the Author

Jeremy Fernando is an Associate Attorney at Hirzel Law, PLC, counseling Illinois community associations on governing document amendments, rules and regulations, bylaw enforcement, collections, and breach-of-contract and breach-of-fiduciary-duty litigation. A cum laude graduate of Marquette University Law School — where he ranked in the top 15% of his class and served as an Associate Editor of the Marquette Law Review — he has been named to the Best Lawyers “Ones to Watch in America” list for Real Estate Law. Learn more on his full bio at hirzellaw.com.

Illinois Condo & HOA Case Law• April 2, 2026

Illinois Condo Disclosure Fees: No Private Right of Action under 765 ILCS 605/22.1

An Illinois court confirmed no private right of action for condo disclosure fees under 765 ILCS 605/22.1. Learn the new fee caps and what boards should know.

Can Illinois HOAs Enforce Covenants Without Violating Fair Housing Laws?• March 26, 2026

Illinois Enforcement of Restrictive Covenants was not Discriminatory

An Illinois court held that enforcing neutral HOA covenants uniformly is not discrimination under the Illinois Human Rights Act. Key fair housing takeaways.

Common Elements• March 25, 2026

Illinois Condo Association Not Liable for Leaking Pipe

Condominium associations are often caught in the middle of disputes over water damage, plumbing failures, and competing insurance claims. In Jasinska v. Briar Hill II Condo. Ass’n, 2018 IL App (2d) 170307-U, the Illinois Appellate Court affirmed judgment in favor of a condominium association where a unit owner failed to establish that a leaking pipe was a common element. Since…

Emergency Repairs• March 12, 2026

Court Allows Condo to Levy Emergency Special Assessment

Illinois condominium association boards frequently face difficult decisions when unexpected building repairs arise, especially when those repairs require large special assessments. A recent Illinois appellate decision provides important guidance on when an Illinois condominium board may impose a significant special assessment without first obtaining unit owners’ approval. In Dedic v. Bd. of N. Shore Towers Condo. Ass’n, 2018 IL App…

Appellate Court• February 20, 2026

Illinois HOA and Condo Enforcement: No Hearing Required for Injunctive Relief

Community associations frequently face difficult decisions when unit owners or occupants violate restrictions in their governing documents. One common question is whether a community association must first conduct a hearing before filing a lawsuit to enforce its governing documents. The Illinois Appellate Court addressed this issue directly in Bd. of Managers of Vill. Square I Condo. Ass’n v. Amalgamated Tr.…

Condo and HOA Cases• February 10, 2026

Illinois Court Rules Condo Parking Space Not a Limited Common Element

Parking disputes can be an issue for community associations. Unit owners may believe that long-standing practices, informal arrangements, or even representations made at the time of purchase give them certain parking rights. In 334 Barry In Town Homes, Inc. v. Farago, 205 Ill. App. 3d 846, 563 N.E.2d 856 (1st Dist. 1990), the Illinois Appellate Court held that condominium declarations…

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