Illinois Condo & HOA Case Law

March 25, 2026

Illinois Condo Association Not Liable for Leaking Pipe

Condominium associations are often caught in the middle of disputes over water damage, plumbing failures, and competing insurance claims. In Jasinska v. Briar Hill II Condo. Ass’n, 2018 IL App (2d) 170307-U, the Illinois Appellate Court affirmed judgment in favor of a condominium association where a unit owner failed to establish that a leaking pipe was a common element.  Since…
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March 23, 2026

Bankruptcy Discharge Bars Illinois Condo Eviction for Unpaid Assessments

Illinois condominium associations cannot take collection action against a unit owner who is discharged in bankruptcy with respect to unpaid condominium assessments that predate the bankruptcy filing. Doing so may result in sanctions being entered against the condominium association. This was the central issue in In re Terrell, 614 B.R. 300 (Bankr. N.D. Ill. 2020). In that case, a delinquent…
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February 10, 2026

Illinois Court Rules Condo Parking Space Not a Limited Common Element

Parking disputes can be an issue for community associations. Unit owners may believe that long-standing practices, informal arrangements, or even representations made at the time of purchase give them certain parking rights. In 334 Barry In Town Homes, Inc. v. Farago, 205 Ill. App. 3d 846, 563 N.E.2d 856 (1st Dist. 1990), the Illinois Appellate Court held that condominium declarations…
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