In Schuh v. Plaza Des Plaines Condominium Association, No. 1-13-1999 (Ill.App.Ct. July 24, 2014), an Illinois appeals court affirmed a ruling that a condominium association breached its fiduciary duty to a unit owner by failing to promptly address a water… Continue Reading →
The acts applicable to Condominium and Common Interest Community Associations have been amended starting January 1, 2015 (or later). These changes are summarized briefly below. Many of these changes will be discussed in greater detail. Condominiums and E-mail (HB 4784/PA… Continue Reading →
Associations will have to obtain new insurance coverage or review their existing coverage for sufficient levels for the value of their insurance policy to replace or rebuild the property, as amended into Section 12. This amended Section 12 of the… Continue Reading →
Electronic Notice and Voting Revolution Starting January 1, 2015, here are the basic points to know: Through PA 98-1042, electronic voting and notice comes to both types of associations. This will allow associations to use “technological means” to issue notices… Continue Reading →
Condominium and homeowners associations often have common questions concerning property tax adjustment. The most common ground for property tax adjustment is the overvaluation of properties in the community. This means that the county or township assessor has overvalued the properties… Continue Reading →
Being served with notice of a filed court collection action from an association’s attorney usually motivates a delinquent unit owner to pay past due assessments. It is often at this point that the owner realizes that he/she not only owes… Continue Reading →
The First District Court of Appeals (Cook County) has issued an opinion that deals a blow to unit owners seeking to ensnare boards in records request disputes during pending assessment collections. In Oviedo and VMO Properties, LLC v. 12709 S…. Continue Reading →
Beginning January 1, 2015, there are some major changes coming to bylaws provisions for condominium and common interest associations in Illinois. The Illinois legislature has passed HB 5332 that now allows for quite an electronic revolution in association voting procedures…. Continue Reading →
The relevant provisions of the Illinois Forcible Entry and Detainer code provisions governing collection actions for unpaid assessments will change in the new year. Specifically, the Forcible Entry and Detainer Statute has been amended to create an eight month cut-off… Continue Reading →
We often hear from owners and their counsel who claim that Illinois associations cannot evict an owner for failing to pay condominium or common interest community assessments. This is simply incorrect, and it has been well-settled in Illinois that associations… Continue Reading →
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