Bylaw & Covenant Enforcement

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…
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November 7, 2024

Effectively Using Fines to Enforce Illinois Condo & HOA Bylaws

Enforcing the governing documents plays a key role in successfully operating a community association. Unruly behavior by a unit owner can lead to unhappy neighbors and a potential decrease in property values. Therefore, it is imperative that a community association’s board understand the remedies at its disposal to address improper conduct. One potential remedy is to levy a fine against…
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June 20, 2024

765 ILCS 1085: What Community Associations need to know about the Illinois Electric Vehicle Charging Act

Requests to install electric vehicle charging stations have become commonplace in Illinois community associations.  By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles.  The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the…
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June 11, 2024

4 Step Process to Enforcing Condominium Bylaws

Enforcing condominium bylaws is essential for maintaining the harmony and integrity of a community. At Hirzel Law, we understand the complexities involved in this process and offer a straightforward four-step approach to ensure compliance and resolve conflicts effectively. Here’s a detailed guide on how to enforce condominium bylaws in Illinois, incorporating our expert process: Step 1: Identify and Document the…
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February 8, 2024

Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable

Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years.  Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible.  This was largely based on a New Jersy case, Mulligan v. Panther Valley Property…
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November 1, 2023

What Your Illinois Homeowners Association Needs To Know About Architectural Control Requirements

Most condominium declarations will limit the ability of a unit owner’ ability to make changes to any structure, improvement, or any of the limited or general common elements within a condominium or common interest community association to preserve the aesthetics of the community. In many cases, deed restrictions will require the unit owner to obtain the express consent of an…
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