Rules and Regulations

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 A recent unpublished decision…

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…

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…

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…