Can Illinois Condo Associations’ Recover Attorney’s Fees After Delinquent Owners Make Payment? When condominium unit owners fall behind on assessments, most board members understand that the association has the legal authority to initiate collection efforts and, in some cases, litigation. However, if a unit owner eventually pays all outstanding assessments, should the homeowners association still be entitled to recover its…
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Who is Liable for Structural Repairs: Condominium Associations or Unit Owners? When condominium associations are faced with structural repairs, one of the most challenging questions that arises is: who should bear the cost? The court’s decision in Faddis v. Board of Directors of 1850-56 N. Lincoln Avenue Condominium Association, 2014 IL App (1st) 132484 (unpublished order under Supreme Court Rule…
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How Illinois Associations Must Record a Lien to Prevent a Breach of Fiduciary Duties When condominium associations record a lien against a unit owner, they must ensure that the lien is legally valid and properly calculated. In Du Bois v. Sherwood Commons Townhome Owners Ass’n, Inc., 2025 IL App (3d) 240122-U, the Illinois Appellate Court ruled associations cannot disregard court…
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Are Your Restrictive Covenants Clear? Preventing Commercial Use in Residential Condos When condominium unit owners purchase their homes, they often assume they have broad discretion over how they use their units. However, condominium living is subject to numerous restrictions, set forth in a condominium association’s declarations, bylaws, rules, and regulations (altogether known as restrictive covenants) and the Illinois Condominium Property…
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Illinois Court Ruling Clarifies How Limited Common Elements Must Be Defined When a unit owner builds a deck without approval, most HOA boards anticipate that the judicial system will favor the association. Condominium association governing documents generally provide that any alterations and improvements to the limited common elements be approved by the board. But what happens when the board’s interpretation…
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Amending HOA Declarations in Illinois: What Recent Court Cases Reveal When can a community association amend its declaration? Must it wait for the end of the initial 20-year term before making changes? Does amending an HOA declaration take effect immediately upon recording, or must it meet specific procedural requirements? These were the questions at the center of a long-running dispute…
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