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.…
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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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Security cameras, particularly Ring Doorbells, and other video recording devices are becoming increasingly common. As this technology has evolved through the years, Illinois community associations are seeing an uptick in surveillance and security camera usage. Although this technology can bring peace of mind to individual unit owners, Illinois community associations may be apprehensive about installing these devices, as they can…
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As the Illinois state legislature prepares to complete the 2025-2026 legislative session, Illinois community association boards must stay ahead of the evolving legal landscape. Illinois lawmakers are increasingly focused on improving community association governance, financial transparency, and individual rights within condominium associations and homeowners associations in Illinois. Below is a summary of key bills that affect Illinois condominium associations and…
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For most condominium associations in Illinois, the idea of removing or “withdrawing” a portion of the condominium property is something they may never expect to confront. Yet when it does arise, often due to eminent domain or the partial condemnation of a building, condominium associations must comply with the Illinois Condominium Property Act (765 ILCS 605/1). 765 ILCS 605/14.1 of…
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Illinois Condo Developer’s Amendment to Declaration Invalid When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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