Kevin Hirzel, Author at The Illinois Condo and HOA Law Blog

About the Author

Kevin Hirzel is the Managing Member of Hirzel Law, PLC, focusing his practice on condominium, homeowners association, and real estate law across Michigan and Illinois. A Fellow of the College of Community Association Lawyers — a distinction held by fewer than 200 attorneys nationwide — he has been recognized by Best Lawyers, Leading Lawyers, and Super Lawyers, and is the author of Hirzel’s Handbook on operating condos and HOAs in both Michigan and Illinois. Read more about Kevin’s practice on his full bio at hirzellaw.com.

Condo & HOA Insurance• May 14, 2026

Insurance Company Must Defend Illinois Condo Association in D&O Claim

A federal court ruled an insurer must defend an Illinois condo association in a D&O claim despite a contract exclusion. Key takeaways on duty to defend.

Condo & HOA Legislation• March 5, 2026

FinCEN Real Estate Reporting Rule: What Condos, Co-Ops, and HOAs Must Know

On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting under the FinCEN rule for residential real estate transactions will not be required while the…

Community Association Governance & Meetings• September 18, 2025

Is There a Statute of Limitations on Breaching IL Condo Board Fiduciary Duties?

Condo Board Fiduciary Duties: What is the Statute of Limitations for Claims Against Illinois Condominium Board Members? Serving on an Illinois condominium association board comes with significant legal responsibilities. Condominium board members have a fiduciary duty to act in the best interests of the condominium association. In Bd. of Managers of Weathersfield Condo. Ass’n v. Schaumburg Ltd. P’ship, 307…

Bylaw & Covenant Enforcement• September 15, 2025

Can an Illinois HOA’s Restrictive Covenants Mandate Fence Removal?

Illinois HOA Fence Disputes: Can a Court Require a Fence to be Removed Under the HOA’s Restrictive Covenants? Disputes over the installation of fences are some of the most common disputes faced by homeowners associations. In many Illinois HOAs, the restrictive covenants will completely ban the installation of fences. In other cases, the deed restrictions only permit certain types of…

Bylaw & Covenant Enforcement• July 30, 2025

Can Illinois Condos and HOAs Ban Home-Based Businesses? Understanding Commercial Use Restrictions

The COVID-19 pandemic spurred a trend in which many owners in community associations shifted to remote work, with either hybrid or fully remote positions. According to a recent study, 22% of the workforce in the United States, or over 32.6 million Americans, work remotely. In other cases, owners in a condominium or homeowners associations started businesses out of their homes. …

Construction Defects & Developer Turnover• June 23, 2025

Illinois Condo Developers have a Fiduciary Duty to Create a Reserve Fund after recording the Declaration

One of the most significant challenges facing board members taking over a newly built condominium, townhomes, or single-family homes is that the community association is often turned over from the developer with minimal funds. Developers often set unrealistically low initial assessments to make homes or condominium units more appealing to buyers, creating the false impression that assessments will remain low.…

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