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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Can Condo Boards Regulate Smoking? An Illinois Condo Association’s Guide to Smoking Rules and Declaration Amendments As smoking continues to raise health and nuisance concerns among condominium residents, it presents two questions: 1. How can condo boards regulate smoking to reasonably accommodate residents? 2. Can, or should, condo associations restrict or prohibit smoking within their buildings. A recent unpublished decision…
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How to Enforce Condo Association Rules in Illinois: Notices, Hearings, and Fines As an Illinois Community Association director or board member, determining how to enforce condo rules consistently can be challenging, particularly when unit owners ignore repeated warnings and smaller fines have little deterrent effect. It’s not uncommon to wonder whether increasing penalties could achieve compliance, if you can enforce…
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Illinois’ 2025 legislative session began January 8 and adjourned May 31. Nearly 7,900 bills were introduced during the 2025 session. HB 2563/SB 1703 is legislation that would require condominium associations governed under the Illinois Condominium Property Act (765 ILCS 605/1 et. seq) and homeowners associations governed under the Illinois Common Interest Community Association Act (765 ILCS 160/1 et. seq) with…
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