Developers

December 11, 2025

Illinois Court Invalidates Unilateral Amendment to Declaration by Developer

Illinois Condo Developer’s Amendment to Declaration Invalid When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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December 8, 2025

Illinois Condo Developer’s Amendment to Declaration Invalid

When Illinois condominium associations review their governing documents, the conversation typically centers on issues such as board authority, maintenance of common elements, special assessments, and amendment procedures. But one topic that creates conflict is developer-reserved rights. A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast Communications, 2025 IL App (1st) 241772-U, provides…
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December 1, 2025

Illinois Developer Liable for Condo Assessments on Undeveloped Units

CONDO DEVELOPER ON THE HOOK FOR ASSESSMENTS FOR UNDEVELOPED COMMERCIAL CONDOMINIUM UNITS Many condominium associations face uncertainty regarding whether a developer is responsible for paying assessments on units the developer still owns. It becomes even more ambiguous when those units are vacant or undeveloped. This issue often arises after developer turnover, when a developer may leave an association with limited…
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June 23, 2025

Illinois Condo Developers have a Fiduciary Duty to Create a Reserve Fund after recording the Declaration

One of the most significant challenges facing board members taking over a newly built condominium, townhomes, or single-family homes is that the community association is often turned over from the developer with minimal funds. Developers often set unrealistically low initial assessments to make homes or condominium units more appealing to buyers, creating the false impression that assessments will remain low.…
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September 18, 2024

Illinois Court Rules that Unit Owner Lacked Standing to Bring Construction Defect Claims Against Condo Developer

Construction defects are a frequent problem in new construction condominiums in Illinois.  When the developer’s appointees control the board of directors, they rarely will take action to hold the developer responsible for construction defects.  However, after control of the board of directors is transitioned to the owners, the owner controlled board of directors typically investigates potential construction defect claims related…
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