Can Illinois Condo Associations’ Recover Attorney’s Fees After Delinquent Owners Make Payment? When condominium unit owners fall behind on assessments, most board members understand that the association has the legal authority to initiate collection efforts and, in some cases, litigation. However, if a unit owner eventually
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
How Illinois Associations Must Record a Lien to Prevent a Breach of Fiduciary Duties When condominium associations record a lien against a unit owner, they must ensure that the lien is legally valid and properly calculated. In Du Bois v. Sherwood Commons Townhome Owners Ass'n, Inc.,
Are Your Restrictive Covenants Clear? Preventing Commercial Use in Residential Condos When condominium unit owners purchase their homes, they often assume they have broad discretion over how they use their units. However, condominium living is subject to numerous restrictions, set forth in a condominium association’s declarations, bylaws,
Condo Board Fiduciary Duties: What is the Statute of Limitations for Claims Against Illinois Condominium Board Members? Serving on an Illinois condominium association board comes with significant legal responsibilities. Condominium board members have a fiduciary duty to act in the best interests of the condominium association.
Illinois HOA Fence Disputes: Can a Court Require a Fence to be Removed Under the HOA’s Restrictive Covenants? Disputes over the installation of fences are some of the most common disputes faced by homeowners associations. In many Illinois HOAs, the restrictive covenants will completely ban the
