Board of Directors

January 23, 2026

Illinois Condo Board Leasing Rules Invalid If They Conflict With Declaration

Members within a condominium association often question whether a condominium association’s board of directors can adopt a rule that directly conflicts with the association’s declaration. The question often arises when a condo board seeks to adopt a rule that is either more restrictive or less restrictive than certain language contained in the declaration, such as restrictions pertaining to the leasing…
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December 11, 2025

Court Denies Illinois Condo Owner’s Record Request as Overly Broad

765 ILCS 605/19: IL Court Limits Overbroad Condo Record Requests Requests for condominium association records can be a contentious issue between condominium association boards and unit owners. 765 ILCS 605/19 of the Illinois Condominium Property Act gives unit owners the right to examine and copy certain records, but it also limits that requests be made “with particularity.” In Blue Ocean…
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October 2, 2025

Condo Association Charged with Breach of Fiduciary Duties for Recording a Lien

How Illinois Associations Must Record a Lien to Prevent a Breach of Fiduciary Duties When condominium associations record a lien against a unit owner, they must ensure that the lien is legally valid and properly calculated. In Du Bois v. Sherwood Commons Townhome Owners Ass’n, Inc., 2025 IL App (3d) 240122-U, the Illinois Appellate Court ruled associations cannot disregard court…
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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. …
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July 21, 2025

HB 2563: New Illinois Legislation May Require Condo and HOA Reserve Studies Every 5 Years

Illinois’ 2025 legislative session began January 8 and adjourned May 31. Nearly 7,900 bills were introduced during the 2025 session. HB 2563/SB 1703 is legislation that would require condominium associations governed under the Illinois Condominium Property Act (765 ILCS 605/1 et. seq) and homeowners associations governed under the Illinois Common Interest Community Association Act (765 ILCS 160/1 et. seq) with…
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July 2, 2025

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation

When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The Illinois Appellate Court’s decision in Bd. of Directors of Warren Blvd. Condo. Ass’n v. Milton, 399 Ill. App. 3d 922, 927 N.E.2d 176 (1st Dist. 2010), affirms a necessary…
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