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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Illinois condominium boards often overlook minor procedural details—until a lawsuit forces costly reversals. A recent Illinois appellate court case underscores why compliance with governing documents is critical to avoid legal trouble. In Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 (2024), an Illinois appellate court reinforced the importance of following condominium declaration requirements when amending governing documents and…
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Assessments are a community association’s lifeblood, and community associations should ensure that they are timely receiving assessments from owners. Generally, community associations will levy late fees on owners who fail to timely pay their assessments. However, Hidden Grove Condo. Ass’n v. Crooks, 318 Ill. App. 3d 945, 744 N.E.2d 305 (3d Dist. 2001), is an Illinois appellate court case that…
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On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal just two days before the…
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In the past few years, there has been a rise in issues with owners, condominium associations, and short-term renters. The Seventh Circuit’s decision in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) has significant implications for condominium associations and their ability to regulate short-term rentals within their communities. The court’s ruling not only reaffirms the authority of…
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