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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Each condominium association has governing documents which set forth the contractual relationship between the association and the unit owners. One of those governing documents is the condominium bylaws. A condo association’s board of directors is obligated to enforce the declaration and the bylaws to ensure that each member of the condominium association is abiding by the governing documents. Failure to…
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A new year will bring changes to the Illinois Condominium Property Act. On July 19, 2024, the Illinois state legislature enacted IL HB5502 which amends both the Illinois Conveyances Act and the Illinois Condominium Property Act. The amendments will take effect on January 1, 2025. This article will only discuss the changes to the Illinois Condominium Property Act. Currently, 765…
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The declaration of an Illinois common interest community association governs the administration and functioning of a common interest community association. Common interest communities in Illinois are governed by the Illinois Common Interest Community Association Act. The Common Interest Community Association Act was enacted in 2010 and has undergone a few amendments since its inception. Many common interest community associations have…
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Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any of the foregoing as well…
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Enforcing the governing documents plays a key role in successfully operating a community association. Unruly behavior by a unit owner can lead to unhappy neighbors and a potential decrease in property values. Therefore, it is imperative that a community association’s board understand the remedies at its disposal to address improper conduct. One potential remedy is to levy a fine against…
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