Construction defects are a frequent problem in new construction condominiums in Illinois. When the developer’s appointees control the board of directors, they rarely will take action to hold the developer responsible for construction defects. However, after control of the board of directors is transitioned to the owners, the owner controlled board of directors typically investigates potential construction defect claims related…
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The Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/1, et seq., governs the installation of solar panels in Illinois homeowners associations, common interest community associations, and condominium associations. This article will provide critical guidance to community association board members on how to comply with the Homeowners Energy Policy Statement Act and adopt a solar energy policy to avoid potential…
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The Illinois Homeowners’ Native Landscaping Act, 765 ILCS 167/1, et seq., which became effective on July 19, 2024, regulates the ability of Illinois community associations to prohibit certain types of landscaping. The declaration and rules and regulations of most Illinois community associations will typically require some form of approval for an owner to install landscaping, but they are typically silent…
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Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the…
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Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years. In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries. Generally, a community association has broad authority to…
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On January 1, 2024, the Federal Crimes Enforcement Network (“FinCEN”) opened its online portal for corporate entities in the United States to begin compliance with the new reporting requirements under the Corporate Transparency Act (“CTA”). As discussed in our previous article, Navigating the CTA: A Guide for Condos and HOAs to comply with the Corporate Transparency Act, the CTA would…
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