An Illinois court held that enforcing neutral HOA covenants uniformly is not discrimination under the Illinois Human Rights Act. Key fair housing takeaways.
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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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What does it cost an Illinois condominium association to collect unpaid assessments? The answer depends on several factors, including the declaration, the bylaws, the unit owner’s willingness to cooperate, whether the case goes to court, and how far it proceeds in court. Fortunately, many Illinois condominium declarations and bylaws allow associations to recoup collection costs, including attorney’s fees, and costs…
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Members within a condominium association often question whether a condominium association’s board of directors can adopt a rule that directly conflicts with the association’s declaration. The question often arises when a condo board seeks to adopt a rule that is either more restrictive or less restrictive than certain language contained in the declaration, such as restrictions pertaining to the leasing…
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As the Illinois state legislature prepares to complete the 2025-2026 legislative session, Illinois community association boards must stay ahead of the evolving legal landscape. Illinois lawmakers are increasingly focused on improving community association governance, financial transparency, and individual rights within condominium associations and homeowners associations in Illinois. Below is a summary of key bills that affect Illinois condominium associations and…
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For most condominium associations in Illinois, the idea of removing or “withdrawing” a portion of the condominium property is something they may never expect to confront. Yet when it does arise, often due to eminent domain or the partial condemnation of a building, condominium associations must comply with the Illinois Condominium Property Act (765 ILCS 605/1). 765 ILCS 605/14.1 of…
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