When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s the clear message from the Second District Appellate Court in Onan Suites Condominium Association, Inc. v. Johnson, 2018 IL App (2d) 170455-U. The decision provides guidance to Illinois condominium…
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When was the last time your condominium association reviewed its declaration and bylaws? If your condominium association’s governing documents have not been reviewed or revised recently, the condominium association may have significant legal liability. Oftentimes, condominium associations suffer costly and avoidable consequences because their governing documents were outdated, incomplete, or in conflict with current law. While many condominium associations are…
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In a ruling reinforcing the need for consistency in architectural approvals, the Illinois Appellate Court recently sided with homeowners who challenged their association over alleged arbitrary and subjective building requirements. The case, Patel v. Prairie Lakes Homeowners Association of Illinois, Inc., 2023 IL App (2d) 230158-U, offers a cautionary tale for association boards attempting to enforce design restrictions beyond the…
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Community associations play an integral role in the community. However, community associations that attempt to enact “no children” policies likely run afoul of federal law. That was the case in Simovits v. Chanticleer Condominium Association, 933 F. Supp. 1394 (N.D. Ill. 1996), where the U.S. District Court for the Northern District of Illinois held that a “no children” occupancy rule…
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Illinois condominium associations can be placed in the difficult position of balancing equitable treatment of unit owners with fiscal responsibility following unexpected damage to the property. A recent decision by the Illinois Appellate Court provides critical guidance on an association’s authority to recoup insurance deductibles from a unit owner in circumstances where the damage originates from that owner’s unit. Gelinas…
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As property values rise and unit owners look for ways to customize their living space, combining adjacent condominium units has become increasingly popular in Illinois. Whether creating a more prominent primary residence or expanding investment potential, the Illinois Condominium Property Act provides a pathway for combining units. If you’re a unit owner considering this option or a board member evaluating…
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