September 4, 2025
Can Condo Boards Regulate Smoking? An Illinois Condo Association’s Guide to Smoking Rules and Declaration Amendments As smoking continues to raise health and nuisance concerns among condominium residents, it presents two questions: 1. How can condo boards regulate smoking to reasonably accommodate residents? 2. Can, or should, condo associations restrict or prohibit smoking within their buildings. A recent unpublished decision…
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August 29, 2025
How to Enforce Condo Association Rules in Illinois: Notices, Hearings, and Fines As an Illinois Community Association director or board member, determining how to enforce condo rules consistently can be challenging, particularly when unit owners ignore repeated warnings and smaller fines have little deterrent effect. It’s not uncommon to wonder whether increasing penalties could achieve compliance, if you can enforce…
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May 30, 2025
Community associations play an integral role in the community. However, community associations that attempt to enact “no children” policies likely run afoul of federal law. That was the case in Simovits v. Chanticleer Condominium Association, 933 F. Supp. 1394 (N.D. Ill. 1996), where the U.S. District Court for the Northern District of Illinois held that a “no children” occupancy rule…
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April 17, 2025
In community associations, there is often a tension between a property owner’s desire to keep and maintain their lot in the manner that they see fit and the community’s desire, acting through a community association, to preserve a common set of community standards and expectations. In 2019, the Illinois Court of Appeals provided significant guidance to communities in Illinois in…
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September 19, 2024
As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I, Section 4 of the Illinois Constitution. In contrast, community associations…
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September 12, 2024
Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the property. This article will address the key items board members should know before adopting rules and…
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