Tressler LLP

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 0

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 0

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 0

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 0

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 0

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 →

2015/03/04 0

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 →

2015/03/03 0

If our one condominium association has multiple buildings, may we elect boards for each of the buildings, or delegate directors from each of the buildings to serve on one full board?

If your association is one association, regardless of the number of buildings that comprise the association, that association may only have one board of directors. The minimum number of directors per the Illinois Not-For-Profit Corporation Act and the Illinois Condominium… Continue Reading →

2015/03/01 0

Associations Entitled to Judgment Against Owners of Record for Assessment Collections Lawsuits

In Cambridge Apartments Condominium Association v. Williams, No. 1-13-3226 (Ill. App. Ct. Aug. 15, 2014), an Illinois appeals court affirmed a ruling that an association was entitled to judgment against a former unit owner for unpaid assessments that became due… Continue Reading →

2015/02/07 0

Complying with Fair Debt Collections Practices Act Hits Closer to Home Than Before

This past summer, the U.S. Court of Appeals for the Seventh Circuit held that filing a collection case in a Cook County district court other than the one where the debtor lives or the contract was signed violates the Fair… Continue Reading →

2015/02/06 0

Condo Law Watch

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