Illinois Condo & HOA Case Law

March 13, 2025

Illinois Appellate Court Decision Demonstrates Illinois Condominium Associations Must Follow Strict Legal Procedures for Board Meetings, Voting, and Governance

Illinois condominium boards often overlook minor procedural details—until a lawsuit forces costly reversals. A recent Illinois appellate court case underscores why compliance with governing documents is critical to avoid legal trouble. In Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 (2024), an Illinois appellate court reinforced the importance of following condominium declaration requirements when amending governing documents and…
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February 27, 2025

Illinois Court Rules Cumulative Late Fees in Condo Associations Are Unenforceable

Assessments are a community association’s lifeblood, and community associations should ensure that they are timely receiving assessments from owners. Generally, community associations will levy late fees on owners who fail to timely pay their assessments. However, Hidden Grove Condo. Ass’n v. Crooks, 318 Ill. App. 3d 945, 744 N.E.2d 305 (3d Dist. 2001), is an Illinois appellate court case that…
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February 20, 2025

Illinois Court Rules Condominium Declaration and Zoning Ordinance Prohibiting Short-Term Rentals Are Enforceable

In the past few years, there has been a rise in issues with owners, condominium associations, and short-term renters. The Seventh Circuit’s decision in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) has significant implications for condominium associations and their ability to regulate short-term rentals within their communities. The court’s ruling not only reaffirms the authority of…
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February 6, 2025

Illinois Court Orders Condo Owner to Install Carpeting Due to Noise Complaints

A condominium association’s governing documents contain restrictive covenants that can help preserve property values, protect shared resources, and ensure a harmonious living environment. A condominium association should enforce these restrictive covenants uniformly to ensure there is no disparate treatment of unit owners. Board of Directors of Plum Creek Condominium Ass’n v. Oleg Lorman, 2013 IL App (1st) 121198-U, revolves around…
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November 20, 2024

Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President

Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any of the foregoing as well…
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November 6, 2024

Illinois Appellate Court Holds that Condominium Association Entitled to Collect All Unpaid Assessments from Foreclosure Purchaser

Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has is to file a foreclosure action against the unit. However, often times when a unit owner…
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