October 2, 2024
Understanding Owner Restrictions on Limited Common Elements: Key Legal Guidance for Illinois Community Associations In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the…
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September 19, 2024
Political Signs in Community Associations: Balancing Free Speech and Bylaws As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I,…
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September 12, 2024
765 ILCS 605/18.4: What Illinois Condominium Board Members Need to Know Before Adopting Rules & Regulations Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the…
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August 29, 2024
765 ILCS/27: How to Amend an Illinois Condominium Declaration? Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act. What percentage of unit owners must agree to…
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August 21, 2024
765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024…
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August 13, 2024
The Homeowners’ Energy Policy Statement Act: 5 Things Every Illinois HOA Needs to Know to Avoid Liability related to Solar Panel Installations 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…
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