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Condo and HOA Cases

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The

Illinois Court Rules Condo Association Can’t Charge for Leaky Toilet Without Allowing Owner to Repair When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s

Can Condos Ban Children? Federal Court Says No Under Fair Housing Act Community associations play an integral role in the community. However, community associations that attempt to enact “no children” policies likely run afoul of federal law. That was the case in Simovits v. Chanticleer Condominium

Implied Warranty of Habitability in Illinois Condominiums: What Every Unit Owner and Developer Should Know In Illinois, the implied warranty of habitability serves as a fundamental protection for condominium purchasers, ensuring that newly constructed units and their common elements meet basic standards of safety and livability.

Illinois Court Rules Condominium Declaration and Zoning Ordinance Prohibiting Short-Term Rentals Are Enforceable In the past few years, there has been a rise in issues with owners, condominium associations, and short-term renters. The Seventh Circuit’s decision in Mogan v. City of Chicago, 115 F.4th 841 (7th

Illinois Court Orders Condo Owner to Install Carpeting Due to Noise Complaints A condominium association’s governing documents contain restrictive covenants that can help preserve property values, protect shared resources, and ensure a harmonious living environment. A condominium association should enforce these restrictive covenants uniformly to ensure