Condo Law Watch

Category

Condominium Associations

Must Owners Know When and Where Board Meetings Will Be?

Yes. Condominium and Common Interest Community Association must provide notice to all owners of any meeting of the board. This includes open or closed sessions. Notice may be sent or delivered to the owners in accordance with the various acts… Continue Reading →

May We Pay Members of Our Board of Directors for Our Condominium Association?

Generally, unless it is precluded by the declaration of bylaws for an association, there is no direct prohibition in the Illinois Condominium Property Act that would preclude an association from paying its directors for their service. However, any such compensation… 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 →

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 →

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 →

Water Damage Issues Create Liability for Boards Under Breach of Fiduciary Duty Theory

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 →

Roundup of New Law Changes for Community Association Acts

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 →

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