Condo Law Watch

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Architectural Restriction Dos and Don’ts

Many associations, particularly homeowners and common interest community associations, have architectural restrictions in their declarations or in rules that the board has enacted. Typical restrictions may affect additions to homes or townhomes, decks, patios, fences, pools, sheds, swing sets and… Continue Reading →

Spring Soon Approaches, So Do Concerns About Construction

As we inch closer to springtime in the Chicago area, we will post a brief series regarding common considerations for associations when owners wish to build.  Now that we’re entering the construction season, we hope this series will be helpful.

Illinois Supreme Court Rules on Spanish Court Two Condominium Association v. Carlson

The Illinois Supreme Court has overturned the prior ruling in Spanish Court Two Condominium Association v. Carlson. The Supreme Court rejected a decision from the Second Appellate District.  The Court has disagreed and has held that owners may not assert… Continue Reading →

Condo Briefs: Budgets

Budgets for condominium associations must be sent as as proposed budget to owners first, at least thirty days before the budget is scheduled to be approved.  Owners may be able to veto the budget or a special assessment if the… Continue Reading →

Weighing Options in Bankruptcy: Some Practical Considerations for Associations

There are some best practices that associations should follow when dealing with a bankruptcy. First, and most importantly, make sure that no collection activity continues against an individual who has filed bankruptcy. As soon as an association receives any notice,… Continue Reading →

City of Chicago Releases Sample Bedbug Plan

Previously, we noted that City of Chicago-based condominium and homeowners associations must now adopt a bedbug management plan to comply with the City’s new bedbug ordinance, effective at the beginning of this year.  Associations must adopt a plan prior to… Continue Reading →

Condo Briefs: Insurance Requirements

Condominium Associations should maintain five types of insurance per the Illinois Condominium Property Act: Property Insurance General Liability Insurance Fidelity Bond or Employee Dishonesty Coverage Directors and Officers Liability Coverage Any separate coverage required by the Association’s declaration

Chapter 11 and “Chapter 20″ Bankruptcies: Understanding the Unusual Case for Associations and Assessment Collections

There are two types of bankruptcies that are a bit different from the standard consumer Chapter 7 and Chapter 13 bankruptcies. These are Chapter 11 bankruptcy for corporations and so-called “Chapter 20” bankruptcy, which is a Chapter 13 bankruptcy that is… Continue Reading →

Illinois Appellate Court Confirms the Implied Authority to Regulate Common Areas

On May 14, 2013, the Illinois Appellate Court, Third District, issued its decision in the case of Ripsch v. Goose Lake Association, 2013 IL App (3d) 120319. The question raised before the appellate court was “Does a homeowners association have… Continue Reading →

An Open Meetings Reminder

Similar to units of local government, condominiums and common interest community associations have their version of an Open Meetings Act. Section 18(a)(9) of the Illinois Condominium Act provides “that meetings of the board of managers shall be open to any… Continue Reading →

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