March 25, 2026
Condominium associations are often caught in the middle of disputes over water damage, plumbing failures, and competing insurance claims. In Jasinska v. Briar Hill II Condo. Ass’n, 2018 IL App (2d) 170307-U, the Illinois Appellate Court affirmed judgment in favor of a condominium association where a unit owner failed to establish that a leaking pipe was a common element. Since…
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February 10, 2026
Parking disputes can be an issue for community associations. Unit owners may believe that long-standing practices, informal arrangements, or even representations made at the time of purchase give them certain parking rights. In 334 Barry In Town Homes, Inc. v. Farago, 205 Ill. App. 3d 846, 563 N.E.2d 856 (1st Dist. 1990), the Illinois Appellate Court held that condominium declarations…
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October 10, 2025
Who is Liable for Structural Repairs: Condominium Associations or Unit Owners? When condominium associations are faced with structural repairs, one of the most challenging questions that arises is: who should bear the cost? The court’s decision in Faddis v. Board of Directors of 1850-56 N. Lincoln Avenue Condominium Association, 2014 IL App (1st) 132484 (unpublished order under Supreme Court Rule…
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September 10, 2025
Illinois Court Ruling Clarifies How Limited Common Elements Must Be Defined When a unit owner builds a deck without approval, most HOA boards anticipate that the judicial system will favor the association. Condominium association governing documents generally provide that any alterations and improvements to the limited common elements be approved by the board. But what happens when the board’s interpretation…
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June 26, 2025
When an Illinois condominium association charges a unit owner for repairs or assessments, it must strictly follow the association’s governing documents and the Illinois Condominium Property Act (765 ILCS 605/1). That’s the clear message from the Second District Appellate Court in Onan Suites Condominium Association, Inc. v. Johnson, 2018 IL App (2d) 170455-U. The decision provides guidance to Illinois condominium…
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April 24, 2025
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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