June 3, 2022
Many condominium and other common interest communities throughout Illinois have pools as part of the amenities for their members. Due to the nature of this amenity, and the nature of potential liability exposure, associations will generally have very specific rules and regulations that govern the use of these pools for the unit owners. For the most part, reasonable rules and…
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May 16, 2022
Parking in an Illinois condominium or common interest community association setting can create many different issues for a board. Community associations may have to deal with everything from requests for parking accommodations made by unit owners to enforcing rules regarding the parking spaces and the use of same. Many times, a unit owner may be improperly using the parking area,…
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December 20, 2019
Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics. For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure. The installation and location of…
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April 4, 2019
In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court determined that the homeowners association…
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July 28, 2016
With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down. Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep children active. Additionally, community pools…
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July 10, 2015
On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Illinois. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act,…
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