Articles published by:

Jeremy Fernando

Community Association Governance & Meetings December 11, 2025

Court Denies Illinois Condo Owner’s Record Request as Overly Broad

765 ILCS 605/19: IL Court Limits Overbroad Condo Record Requests Requests for condominium association records can be a contentious issue between condominium association boards and unit owners. 765 ILCS 605/19 of the Illinois Condominium Property Act gives unit owners the right to examine and copy certain records, but it also limits that requests be made “with particularity.” In Blue Ocean…
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Construction Defects & Developer Turnover December 8, 2025

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 A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast Communications, 2025 IL App (1st) 241772-U, provides…
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Community Association Governance & Meetings October 30, 2025

Illinois Condominium Property Act: Board Election Rules and Deadlines

What Illinois Condominium Associations Must Know About Conducting Board Elections Elections play a vital role in maintaining a well-governed condominium community. A properly conducted election ensures that unit owners’ voices are heard and that the association’s leadership reflects the collective will of the community. However, many condominium associations in Illinois overlook the specific legal requirements that govern the election process…
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Condo & HOA Collections October 23, 2025

Can HOAs in Illinois Still Recover Attorney Fees if Delinquent Owners Make Payment?

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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Maintenance Repairs & Common Elements October 10, 2025

Can Illinois Condominium Associations Make Unit Owners Cover Repair Costs?

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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Community Association Governance & Meetings October 2, 2025

Condo Association Charged with Breach of Fiduciary Duties for Recording a Lien

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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