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…
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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.…
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June 30, 2025
Illinois Ruling Clarifies Associations’ Rights in Forcible Entry and Detainer Actions In Bd. of Managers of Inverrary Condo. Ass’n v. Karaganis, 2017 IL App (2d) 160271, 80 N.E.3d 48, the Illinois Appellate Court clarified the enforcement powers available to condominium associations under the Forcible Entry and Detainer Act (735 ILCS 5/9-101). Specifically, the court held that a condominium association may…
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June 23, 2025
Illinois Condo Developers have a Fiduciary Duty to Create a Reserve Fund after recording the Declaration One of the most significant challenges facing board members taking over a newly built condominium, townhomes, or single-family homes is that the community association is often turned over from the developer with minimal funds. Developers often set unrealistically low initial assessments to make homes…
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June 2, 2025
Property Owner allowed to complete construction after Illinois HOA failed to comply with its own ACC approval requirements In a ruling reinforcing the need for consistency in architectural approvals, the Illinois Appellate Court recently sided with homeowners who challenged their association over alleged arbitrary and subjective building requirements. The case, Patel v. Prairie Lakes Homeowners Association of Illinois, Inc., 2023…
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May 16, 2025
Implied Warranty of Habitability in Illinois Condominiums: What Every Unit Owner and Developer Should Know In Illinois, the implied warranty of habitability serves as a fundamental protection for condominium purchasers, ensuring that newly constructed units and their common elements meet basic standards of safety and livability. This doctrine holds developers accountable for latent defects that compromise the habitability of a…
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