A condominium association’s governing documents contain restrictive covenants that can help preserve property values, protect shared resources, and ensure a harmonious living environment. A condominium association should enforce these restrictive covenants uniformly to ensure there is no disparate treatment of unit owners. Board of Directors of Plum Creek Condominium Ass’n v. Oleg Lorman, 2013 IL App (1st) 121198-U, revolves around…
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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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Assessment payments are the lifeblood for a community association as these payments are generally the sole source of income for most community associations. The income received from assessment payments is used to fund association operations and provide essential services. A community association that fails to collect monthly assessments from its members could find itself in a precarious financial situation which…
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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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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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