Illinois Condominium Attorney

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 A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast…
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December 8, 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 A recent unpublished opinion from the First District, River North Partners Holdings, LLC v. Museum of Broadcast Communications, 2025 IL App (1st) 241772-U, provides…
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December 1, 2025

Illinois Developer Liable for Condo Assessments on Undeveloped Units

CONDO DEVELOPER ON THE HOOK FOR ASSESSMENTS FOR UNDEVELOPED COMMERCIAL CONDOMINIUM UNITS Many condominium associations face uncertainty regarding whether a developer is responsible for paying assessments on units the developer still owns. It becomes even more ambiguous when those units are vacant or undeveloped. This issue often arises after developer turnover, when a developer may leave an association with limited…
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July 30, 2025

Can Illinois Condos and HOAs Ban Home-Based Businesses? Understanding Commercial Use Restrictions

The COVID-19 pandemic spurred a trend in which many owners in community associations shifted to remote work, with either hybrid or fully remote positions.  According to a recent study, 22% of the workforce in the United States, or over 32.6 million Americans, work remotely. In other cases, owners in a condominium or homeowners associations started businesses out of their homes. …
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July 21, 2025

HB 2563: New Illinois Legislation May Require Condo and HOA Reserve Studies Every 5 Years

Illinois’ 2025 legislative session began January 8 and adjourned May 31. Nearly 7,900 bills were introduced during the 2025 session. HB 2563/SB 1703 is legislation that would require condominium associations governed under the Illinois Condominium Property Act (765 ILCS 605/1 et. seq) and homeowners associations governed under the Illinois Common Interest Community Association Act (765 ILCS 160/1 et. seq) with…
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July 2, 2025

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation

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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