Condominium Document Enforcement

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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November 6, 2024

Illinois Appellate Court Holds that Condominium Association Entitled to Collect All Unpaid Assessments from Foreclosure Purchaser

Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has is to file a foreclosure action against the unit. However, often times when a unit owner…
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October 15, 2024

765 ILCS 160/1-40: What Every Homeowners Association Needs to Know About Owner Meetings

Community associations play a crucial role in managing community living, ensuring that shared spaces are maintained and that residents abide by community rules. Effective governance hinges on active participation from homeowners, particularly during owner meetings. ILCS 160/1-40 of the Common Interest Community Association Act provides guidance with respect to owner meetings. This article will address important items common interest community…
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September 19, 2024

Political Signs in Community Associations: Balancing Free Speech and Bylaws

As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I, Section 4 of the Illinois Constitution. In contrast, community associations…
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August 21, 2024

765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act

The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on…
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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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