Illinois Condo & HOA Case Law

March 12, 2026

Court Allows Condo to Levy Emergency Special Assessment

Illinois condominium association boards frequently face difficult decisions when unexpected building repairs arise, especially when those repairs require large special assessments. A recent Illinois appellate decision provides important guidance on when an Illinois condominium board may impose a significant special assessment without first obtaining unit owners’ approval. In Dedic v. Bd. of N. Shore Towers Condo. Ass’n, 2018 IL App…
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March 5, 2026

Illinois Court: Declaration Controls over HOA Rules

Illinois homeowners associations cannot enforce a rule that contradicts their recorded declaration. This was the central issue in Kubik as Tr. of Sarah J. Kubik Declaration of Tr. Dated Feb. 1, 2002 v. Darien Club Owners Ass’n (2025 IL App (3d) 240546-U), a dispute arose as to whether the installation of fencing was permitted as the HOA’s rules and regulations…
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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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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 A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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