Bylaw & Covenant Enforcement

Community associations frequently face difficult decisions when unit owners or occupants violate restrictions in their governing documents. One common question is whether a community association must first conduct a hearing before filing a lawsuit to enforce its governing documents. The Illinois Appellate Court addressed this issue directly in Bd. of Managers of Vill. Square I Condo. Ass’n v. Amalgamated Tr.…

Are Your Restrictive Covenants Clear? Preventing Commercial Use in Residential Condos When condominium unit owners purchase their homes, they often assume they have broad discretion over how they use their units. However, condominium living is subject to numerous restrictions, set forth in a condominium association’s declarations, bylaws, rules, and regulations (altogether known as restrictive covenants) and the Illinois Condominium Property…

Illinois HOA Fence Disputes: Can a Court Require a Fence to be Removed Under the HOA’s Restrictive Covenants? Disputes over the installation of fences are some of the most common disputes faced by homeowners associations. In many Illinois HOAs, the restrictive covenants will completely ban the installation of fences.  In other cases, the deed restrictions only permit certain types of…

How to Enforce Condo Association Rules in Illinois: Notices, Hearings, and Fines As an Illinois Community Association director or board member, determining how to enforce condo rules consistently can be challenging, particularly when unit owners ignore repeated warnings and smaller fines have little deterrent effect. It’s not uncommon to wonder whether increasing penalties could achieve compliance, if you can enforce…

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. …