December 11, 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 A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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December 11, 2025
765 ILCS 605/19: IL Court Limits Overbroad Condo Record Requests Requests for condominium association records can be a contentious issue between condominium association boards and unit owners. 765 ILCS 605/19 of the Illinois Condominium Property Act gives unit owners the right to examine and copy certain records, but it also limits that requests be made “with particularity.” In Blue Ocean…
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July 2, 2025
When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The Illinois Appellate Court’s decision in Bd. of Directors of Warren Blvd. Condo. Ass’n v. Milton, 399 Ill. App. 3d 922, 927 N.E.2d 176 (1st Dist. 2010), affirms a necessary…
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June 26, 2025
When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s the clear message from the Second District Appellate Court in Onan Suites Condominium Association, Inc. v. Johnson, 2018 IL App (2d) 170455-U. The decision provides guidance to Illinois condominium…
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May 5, 2025
Apple II Condominium Case Explained: Understanding Illinois Condo Restriction Categories In 1995 the Illinois Court of Appeals issued its decision in Apple II Condominium Ass’n v. Worth Bank and Trust Co., 277 Ill. App. 3d 345 (1995) establishing a framework for analysis of the validity of restrictions imposed within a condominium. Though this analysis was conducted within the confines of…
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April 29, 2025
Illinois condominium associations can be placed in the difficult position of balancing equitable treatment of unit owners with fiscal responsibility following unexpected damage to the property. A recent decision by the Illinois Appellate Court provides critical guidance on an association’s authority to recoup insurance deductibles from a unit owner in circumstances where the damage originates from that owner’s unit. Gelinas…
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