Illinois Condo & HOA Case Law

December 20, 2019

Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc.

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of…
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July 10, 2015

Texas Department of Housing and Community Affairs v. Inclusive Communities Project: Facially Neutral Bylaws, Rules, and Regulations May Subject an Association to Liability Under the Fair Housing Act

On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Illinois. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act,…
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