Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium. Though this analysis was conducted within the confines of…
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Under Section 25 of the Illinois Condominium Property Act (the “Act”), developers may reserve the right to add additional land to a condominium after it has been created, so long as the original declaration includes certain language required by the Act. See 75 ILCS 605/25. The fact that a developer may expand an already existing condominium may sometimes come as…
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In community associations, there is often a tension between a property owner’s desire to keep and maintain their lot in the manner that they see fit and the community’s desire, acting through a community association, to preserve a common set of community standards and expectations. In 2019, the Illinois Court of Appeals provided significant guidance to communities in Illinois in…
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