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 A recent unpublished
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 A recent unpublished opinion from the First District, River
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
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
765 ILCS 160/1-50: 4 Things Every Illinois Common Interest Community Association Board Needs to Know About Developer Turnover Developer turnover is a pivotal phase for any Illinois Common Interest Community Association. 765 ILCS 160/1-50 of the Illinois Common Interest Community Association Act (“CICAA”) governs the requirements
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
