February 20, 2026
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.…
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October 2, 2025
How Illinois Associations Must Record a Lien to Prevent a Breach of Fiduciary Duties When condominium associations record a lien against a unit owner, they must ensure that the lien is legally valid and properly calculated. In Du Bois v. Sherwood Commons Townhome Owners Ass’n, Inc., 2025 IL App (3d) 240122-U, the Illinois Appellate Court ruled associations cannot disregard court…
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September 30, 2025
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…
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September 10, 2025
Illinois Court Ruling Clarifies How Limited Common Elements Must Be Defined When a unit owner builds a deck without approval, most HOA boards anticipate that the judicial system will favor the association. Condominium association governing documents generally provide that any alterations and improvements to the limited common elements be approved by the board. But what happens when the board’s interpretation…
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May 5, 2025
Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium. Though this analysis was conducted within the confines of…
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April 29, 2025
Illinois condominium associations can be placed in the difficult position of balancing equitable treatment of unit owners with fiscal responsibility following unexpected damage to the property. A recent decision by the Illinois Appellate Court provides critical guidance on an association’s authority to recoup insurance deductibles from a unit owner in circumstances where the damage originates from that owner’s unit. Gelinas…
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