Condo Law Watch

Page 14 of 16

Records Requests Must Comply With Section 19; Vexatious Owner Requests Foiled By First District

The First District Court of Appeals (Cook County) has issued an opinion that deals a blow to unit owners seeking to ensnare boards in records request disputes during pending assessment collections. In Oviedo and VMO Properties, LLC v. 12709 S…. Continue Reading →

The Electronic Revolution Is Coming: New Changes Effective January 1, 2015, for Condo and CICAA Properties

Beginning January 1, 2015, there are some major changes coming to bylaws provisions for condominium and common interest associations in Illinois. The Illinois legislature has passed HB 5332 that now allows for quite an electronic revolution in association voting procedures…. Continue Reading →

Boards Must Move Quickly to Rent Units Pursuant to Collection Forcible Orders in 2015

The relevant provisions of the Illinois Forcible Entry and Detainer code provisions governing collection actions for unpaid assessments will change in the new year.  Specifically, the Forcible Entry and Detainer Statute has been amended to create an eight month cut-off… Continue Reading →

Evictions Are (Still) a Great Method for Collecting Unpaid Assessments

We often hear from owners and their counsel who claim that Illinois associations cannot evict an owner for failing to pay condominium or common interest community assessments. This is simply incorrect, and it has been well-settled in Illinois that associations… Continue Reading →

May Owners Voting By Proxy Use Text Messages or Electronic Means to Vote?

Admittedly, the Illinois Condominium Property Act has been rather slow in recognizing the nearly-uniform use of modern technologies in daily life.  Unit owners are quite likely to check their email inboxes more than their mailbox and the instant pace of… Continue Reading →

Is Your Association CICAA Compliant?

When the Common Interest Community Association Act (CICAA) went into effect in mid-2010, it set up minimum requirements for many homeowners and townhome associations. Like the Illinois Condominium Property Act, CICAA’s provisions will generally control over conflicting terms in association… Continue Reading →

Apply Rules With A Dose of Common Sense

Despite all of the good reasons why your association may have grounds and a reason to pursue enforcement against a homeowner’s non-compliant structure, sometimes it pays to take a step back and look at the bigger picture as well. Is… Continue Reading →

Addressing Violations in Owner Construction Projects

As a consequence of prevailing attitudes in many courts, homeowners may take the position that it is better to ask for forgiveness than for permission. That is why a key to effectively preventing construction violations may be prompt association legal… Continue Reading →

Objective Standards for Evaluating Improvement Projects

Association provisions often require that an application be submitted and call for detailed plans and drawings. Owners are typically also required to specify materials and colors to be used. Care should be taken that the rules themselves are sufficiently specific… Continue Reading →

Local Codes and Permits

In addition to associations, local governments often regulate construction projects. If the county or municipality where your association is located has building codes or requires that building permits be obtained, remember that those building codes are minimum requirements. If your… Continue Reading →

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