Bylaw & Covenant Enforcement

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…

The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium.  One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its bylaws and rules and regulations.…

As Illinois’ First District Appellate Court recently stated, “[c]ondominiums are creatures of statute and, thus, any action taken on behalf of the condominium must be authorized by statute.” Glazer v. Priv. Residences at Ontario Place Condo. Ass'n, 2022 IL App (1st) 210156, ¶ 22. Along those lines, “[t]he affairs of condominium associations are controlled by the Condominium Property Act,” and…

One of the lasting effects of the COVID-19 pandemic is an increase in home based businesses in condominium and homeowners associations. The Small Business Administration estimates that over fifty percent of all small businesses in the United States are home-based, with an even larger percentage of small businesses in certain sectors such as construction and professional technical services being based…

Disputes between neighbors in a homeowners association inevitably arise.  HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA.