Illinois Condominium Attorney

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 pursue a money judgment, not just possession, against a delinquent unit…
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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 or condominium units more appealing to buyers, creating the false impression that assessments will remain low.…
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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 IL App (2d) 230158-U, offers a cautionary tale for association boards attempting to enforce design restrictions beyond the…
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April 24, 2025

Illinois Court Decision Supports HOA Authority Over Common Area and Lake Access

If you are a board member of a lake community association in Illinois, you have likely faced the challenge of balancing owner enjoyment with protecting the shared use of the lake. But what happens when your declaration and bylaws do not contain express rule-making authority that grants the community association board the power to create rules for the common areas? …
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March 6, 2025

Emotional Support Animals: Balancing Reasonable Accommodations and Access Restrictions

Navigating the complexities of reviewing and responding to requests for an emotional support animal can be challenging enough but the difficulty in responding to the requests can be further heightened in community associations that prohibit certain animals or prohibit the presence of animals altogether. How can a community association respond to a request for an emotional support animal while also…
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December 12, 2024

765 ILCS 605/22.2: Illinois Condo Act Amended to Prohibit Discrimination in Exercising a Right of First Refusal

A new year will bring changes to the Illinois Condominium Property Act. On July 19, 2024, the Illinois state legislature enacted IL HB5502 which amends both the Illinois Conveyances Act and the Illinois Condominium Property Act. The amendments will take effect on January 1, 2025. This article will only discuss the changes to the Illinois Condominium Property Act. Currently, 765…
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