Tressler LLP

What Should We Do If Our Condominium Association Does Not Have Bylaws?

Generally, your condominium association likely has minimum bylaw terms in its declaration. In the event that it does not have minimum bylaw terms in its declaration, the Illinois Condominium Property Act Section 18 provides those minimum bylaw terms as a… Continue Reading →

2015/03/17

May Condominium Associations Obtain Title to Delinquent Owners’ Units When They do Not Pay Assessments?

Yes. Illinois Condominium Associations may file liens against the title to an owner’s unit when that owner does not pay assessments due on the lien. The association may then proceed to court and seek to foreclose this lien. Once the… Continue Reading →

2015/03/16

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 →

2015/03/15

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 →

2015/03/13

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 →

2015/03/10

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 →

2015/03/09

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 →

2015/03/08

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 →

2015/03/06

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 →

2015/03/06

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 →

2015/03/05

Condo Law Watch

Author