Condo Law Watch

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Illinois Appellate Court Invalidates Condominium Leasing Cap From Rules and Regulations

For years, associations have adopted different forms of leasing restrictions. In many instances, those restrictions were adopted to combat decreased owner-occupancy rates in order to keep the condominium eligible as a HUD-approved condominium project, which allows owners and buyers to… Continue Reading →

2016 Brings New Legislative Changes For Condominium Associations

As we kick off 2016, it is important to bear in mind the legislative changes directly impacting condominium associations that will become effective this year, specifically June 1, 2016. Certain amendments will impact not only when key association meetings may… Continue Reading →

May Two Owners From One Unit Serve on the Condominium Board Together?

No. In the event that more than one owner owns a unit, only one owner from that unit may serve at one time as a board member.

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 →

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 →

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 →

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 →

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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