Condo Law Watch

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Tressler LLP

Is It Right for Our Condominium Association to Be Taxed on a Pool, Clubhouse, or Green Space that is Part of the Association’s Common Elements?

Generally, no. The Illinois Revenue Act requires that County Tax Assessors not tax common elements of a condominium association separately or in addition to the taxes that are assessed against the individual units. Condominium association units are considered percentage in… Continue Reading →

How Do People Know When a Prior Owner’s Assessments Are Paid When They Purchase a Condominium Unit?

At any time that a condominium unit transfers ownership the seller or the buyer are required to settle up the prior owner’s balance of assessments. If they do not, the new owner becomes responsible for the remaining balance due from… Continue Reading →

What is a Limited Common Element?

In a condominium association, there are common elements, which are the general portions of the property that include the supporting structures and enclosing structures around a unit, exterior elements, and outside space, and then there are units which are the… Continue Reading →

How Do I Know What Type of Association Our Association Is?

Sometimes, an association may not know whether it is subject to certain specific state acts like the Illinois Condominium Property Act or the Common Interest Community Associations Act. The first place to start is to look at the declaration recorded… Continue Reading →

Many of Our Owners Wish to Switch From Cable to Satellite Television, Must We Let Them If We Think Satellite Dishes are Unsightly?

This questions often arises in homeowners and condominium associations where owners may wish to take advantage of satellite television services. Associations are precluded from limiting an owner’s ability to place a dish, reasonably, in order to find the best signal,… Continue Reading →

What should associations do about unpaid assessments?

Condominium and homeowners associations have obligations to enforce the uniform collection of assessments from all owners. If owners fall behind and do not make regular payments towards their money assessment or annual assessment balance, which ever method the association uses… Continue Reading →

What if an association wants to publish a list of which owners have not paid their assessments, may they do this?

Generally, it is not a best practice for associations to publish lists of owners’ names who may be delinquent in the payment of their assessments. The attorneys working for associations certainly cannot do so because of protections in place by… Continue Reading →

May associations restrict the ability of owners to house pets in their units?

Condominium associations may restrict the ability of owners to have pets in their units, if such restrictions are reasonable, and may do so in either their rules and regulations or through their recorded declaration. Generally, recording a pet restriction is… Continue Reading →

May condominium associations restrict owners from renting their units?

Condominium associations may restrict the ability of unit owners to rent. However, if condominium associations are doing so, they must amend their declaration and record that amendment against the property in order to make the rental restriction effective. The association… Continue Reading →

May a condominium association evict owners who do not pay assessments?

Yes. The Illinois Condominium Property Act as well as the Illinois Forcible Entry and Detainer provisions of the Code of Civil Procedure allow and authorize a condominium association, after issuance of a proper notice, filing of a lawsuit and entry… Continue Reading →

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