Board of Directors

January 23, 2025

Supreme Court Allows Enforcement of Corporate Transparency Act

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…
Read More →
December 23, 2024

5th Circuit Sets Aside Nationwide CTA Injunction on December 23, 2024: Complete your Corporate Transparency Act filings before January 1, 2025!

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…
Read More →
December 12, 2024

765 ILCS 605/22.2: Illinois Condo Act Amended to Prohibit Discrimination in Exercising a Right of First Refusal

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…
Read More →
December 9, 2024

FinCEN appeals nationwide Corporate Transparency Act Injunction: What is the impact on Community Associations?

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. Specifically, the Court held as follows: Plaintiffs have satisfied all prerequisites for a preliminary injunction. The Court…
Read More →
December 5, 2024

Federal Court halts Corporate Transparency Act Enforcement: What does it mean for Condos and Homeowners Associations?

The Corporate Transparency Act (“CTA”) has been a significant concern for community associations in 2024. The CTA requires corporate entities, including many condominium and homeowners associations, to report personal information for individuals exercising substantial control of these entities by the end of 2025.  Individuals that qualify as beneficial owners under the Corporate Transparency Act would need to report  names, dates…
Read More →
November 20, 2024

Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President

Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any of the foregoing as well…
Read More →