Is condominium association responsible for mice, pest control? (IL)

Q. For the last three years each autumn, mice get into our first-floor condominium unit through a hole between the foundation and brick above. Each year I have had to hire an exterminator at significant expense to rid my unit of mice. Each year I report the problem to the board, and they have not […]

Association asked to pay for patio damage (IL)

Q. The patio of my unit (a limited common element) has been damaged by erosion from water that cascades over the gutters of our building. The gutters clog frequently with leaves from trees that overhang the gutters. The gutters are cleaned once a year by the association. I asked the board to repair the patio; […]

Condo board asked to deal with secondhand smoke (IL)

Q. I recall that you have addressed second hand tobacco smoke, but I can’t recall your guidance. One of our residents works from his unit and chain smokes all day. His neighbors have bombarded the association with complaints that they smell cigarette smoke in the hallway next to his unit and in their adjacent units. […]

State supreme court will not hear case of unit owner fined for expressing opinions (IL)

The Supreme Court of Illinois will not consider the case of a unit owner fined for expressing opinions about his condo board.  Michael Boucher successfully sued 111 East Chestnut Condominium Association and seven of its board members after they imposed a $500 fine against him for allegedly violating condo rules that prohibit “obnoxious or offensive […]

Board isn’t allowed to restrict free speech of unit owners (IL)

Q. Our condominium association has a rule in place concerning distribution of written materials by owners to other owners. The rule prohibits the distribution of any materials, unless first submitted to the board for approval. Is this permitted?   Read the Q&A……………

Draper & Kramer misled buyer in Lincoln Park condo tower, lawsuit claims (IL)

A condo owner is suing Draper & Kramer, claiming the company’s property management arm and a condo board lured him to buy a Lincoln Park residence under false financial pretenses.  Robert Cohen in July 2017 bought a unit in the Park West building, 444 West Fullerton Parkway, for $330,000. A subsidiary of Chicago-based Draper & […]

VennPoint pays $19M for suburban condo complex in latest deconversion (IL)

VennPoint Real Estate bought the Darlington Court condominium complex in Crystal Lake for $19 million, with plans for the latest Chicago-area condo deconversion.  The Chicago-based firm will convert the 235-unit property into apartments, according to VennPoint’s Jake Gantz.    Read the article………………

Community Association Q & A (IL)

Q. When I moved into my association, I submitted a written request to the association for approval to replace my front door, and I described the replacement door as white in color. The association approved my request to install a white front door at a board meeting, and a board member signed the form where […]

Board can’t remove president without vote (IL)

Q. A majority of the members of the board of our condominium association met privately and have stated they removed the president, “John,” from the role of president at that gathering. These board members have advised various parties of this and directed them not to deal with “John.” These board members have also stated that […]

Highland Crossing Condo Association accuses former employee, residents of defamation (IL)

Highland Crossing alleges the defendants falsely accused several employees of embezzlement and the association of aiding and abetting the embezzlement during the spring of 2018.  The defendants also allegedly accused one of the association’s employees of sexually harassing women at Highland Crossing Condominiums and that the association protected, aided and abetted those crimes.   Read the […]

Process server should be allowed on condo property (IL)

Q. Our association has a staffed gatehouse. The procedure in our association requires the gatehouse staff to phone a resident before permitting any guest or other person to go to the resident’s home. A process server wanted to enter the property to serve a resident, and strongly objected when the gate staff advised him of […]

Wheeling won’t use tax dollars to help condo owners make repairs (IL)

Wheeling officials have rejected a request by condominium owners for about $200,000 in taxpayer dollars to complete major repairs at their complex.  Cameo North Annex Association members asked for tax increment financing assistance — money that’s earmarked for economic development projects and improvements — to repair balconies at the 51-unit complex at 200 Deborah Lane.  […]

Association must protect deceased owner’s property (IL)

Q. An owner of as unit in our association recently died. Various family members have now come to the association office and have demanded that the association give them the “emergency” key to the unit. Apparently, not trusting each other, the family members are “fighting” over who should get the key and as to who […]

Illinois attorney general sues Trump Tower for river violations

Illinois’ attorney general announced a lawsuit on Tuesday against Trump Tower in Chicago, alleging the violation of environmental laws and a threat to fish in the Chicago River.  The lawsuit filed by Attorney General Lisa Madigan in Cook County Circuit Court said the Trump International Hotel & Tower releases millions of gallons of water into […]

Rules can be amended to allow sheds (IL)

Q. I recently moved into an association made up of both single-family homes and townhouses. I live in one of the single-family homes. The covenants prohibit storage sheds in the yards of both the single-family homes and the townhouses.  The association provides lawn care and snow removal for the townhouses, so those owners do not […]

Owners must give access to common element repairs in their units

Q. I received a notice from the board of my condominium association that its plumbing contractor needs access to my unit in order to inspect for a source of a water leak. The board suspects it is from a pipe. The board has threatened to fine me if I do not comply. It’s my unit, […]

John Buck makes offer to buy condo building drowning in legal bills (IL)

A Gold Coast condominium association that needed a $500,000 special assessment to pay for legal expenses has an offer from an affiliate of John Buck Company to buyout every unit owner and turn the building into a rental property.  In a letter sent to State Parkway Condominium Association on March 26, and recently shared with […]

Association employee must have a day off (IL)

Q. Can an association employee work seven days a week?  A. It is my general understanding that an employee cannot be required to work seven days a week. However, an employee can volunteer to work seven days a week. That is, an employee has to be given 24 (continuous) hours off each week, unless the […]

Board members cannot conduct business at annual meeting (IL)

Q. The annual meeting of the owners to elect members to our association’s board of directors is scheduled for later this month. There are various pressing issues for which the board needs to meet in order to make decisions. It’s very difficult to get the board members together to meet, and they will all be […]

Association employee must have a day off (IL)

Q. Can an association employee work seven days a week? A. It is my general understanding that an employee cannot be required to work seven days a week. However, an employee can volunteer to work seven days a week. That is, an employee has to be given 24 (continuous) hours off each week, unless the […]

What Members Of Every HOA Should Know About Condo Deconversions

Condominium deconversions are a hot topic in commercial real estate today, and I don’t think it’s just the latest trend. As condominium stock built in the 70s and older continues to age and need updates, modernization and capital improvements, owners continue to spend money on units that may not appreciate like they once did. Commercial […]

Ownership in common elements is divided one way only (IL)

Q. As is typical, the units in our condominium have different percentages of ownership in the common elements, depending on the value of the units. That “value” was based on the initial sales price of the units sold by the developer. This “value” is not related to the size of the units (which are all […]

Assessment of condos may not be accurate (IL)

Q. We own a unit in a small condominium association in Cook County. The current declaration of condominium allocates percentage of ownership equally (20 percent) among all of the five units. However, the penthouse unit is large, has a great view and incudes a parking space, and the small basement unit does not. The actual […]

Tenant Deming Place sues association board for breach of fiduciary duty (IL)

A tenant is suing the board of managers of the 1201-1025 Madison Condominium Association for alleged breach of duty.  Deming Place LLC filed a complaint on April 23 in Cook County Circuit Court, alleging it suffered damages because the defendants burdened it with impossible conditions in retaliation for its requests to examine records and a […]

Former treasurer blocks bank sign-off (IL)

Q. The former treasurer of our condominium association was a signer on the association’s bank accounts. In order for the bank to change the signer to the current treasurer, the bank requires the former treasurer to sign off. We cannot get the former treasurer to cooperate. What can the board do here?    Read the Q&A………………..

Can a board hire a member’s relative or friend? (IL)

Q. I just learned the board president of our condominium association has steered hundreds of thousands of dollars of maintenance contracts for the association to her sister-in-law’s company. The relationship was only recently made known, and it was never disclosed to the board before the board approved the contracts. Was this a conflict of interest […]

Builder can be liable for not enforcing rules (IL)

Q. I am a regular reader of your column and hope you can be of assistance.  I live in a community of single-family homes that has recorded covenants and restrictions in place. We have a neighbor who is running a business from his home, which has produced a lot of noise and safety complaints. The […]

What a board can discuss privately (IL)

Q. I’m still confused about what the board of our condominium association can discuss “behind closed doors” and without owners in attendance. Can you publish a reminder?   Read the Q&A……………..

Condo board at South Loop high-rise suing Kenny Construction, alleging shoddy work

In 2016, the condo association for a South Loop 34-story high-rise sued Kenny Construction, alleging shoddy plumbing work that was performed when the building was constructed led to severe water damage.  Now, the ACE American Insurance Company is filing a lawsuit of its own, claiming in federal court that it shouldn’t be on the hook […]

New ordinance proposed to keep condo boards from abusing ‘privacy’ ordinance (IL)

Having passed an ordinance aimed at keeping personal information of condominium unit owners private, the Chicago City Council is now considering legislation that would keep a condo board from using the ordinance as an excuse not to release documents.  Only condo board members have access to email addresses and telephone numbers that unit owners give […]

Some decisions can be changed by a new board (IL)

Q. Last year, the board of our association made a decision about the priority of common element repairs that are to be made over the next several years. Current members of the board do not agree with that decision, and recently revised the priority of repairs. This decision was supposedly made based on additional information. […]

Volunteers, officials, consultants share strategies for healthy lakes (IL)

om Bussy came to a recent Lake County Health Department and Illinois Lakes Management Association forum to learn about dredging.  “It seems like it’s really expensive,” said Bussy, who lives on a lake in Lake Villa where he enjoys fishing and watching wildlife.   Indeed, homeowners groups in the Tower Lakes area of southwest Lake County […]

Palatine condo owners allege association low balled condos price, shorting owners amid forced sale (IL)

A group of “shocked” suburban Palatine condominium owners are trying to prevent their association board from allegedly under-selling the condo development for $49 million, allegedly for the board’s personal gain, claiming the price would short owners of what they could get if they independently sold their units by more than $25 million.   Read the article…………………

Unit owner can be charged for damage to common element (IL)

Q. I live in a condominium. I received a letter from the property manager saying I must pay the association for the repair of a wood fence located between my unit and the unit that is adjacent to mine. The fence separates patio areas. The manager said I would have to pay for this repair […]

Condo ‘privacy’ ordinance unconstitutional, asserts lawsuit (IL)

With less than two weeks before the new law takes effect, a lawsuit will challenge the constitutionality of an ordinance aimed at protecting the privacy of condominium unit owners.  Shorge Sato has filed a lawsuit in Cook County Circuit Court, asking a judge to void the ordinance, passed on March 28, that makes names, addresses, […]

Leaking roof damages condo: Who pays? (IL)

Q. Our condominium building has been plagued with leaks over the years as a result of a poorly finished roof, inadequate flashing materials and missing waterproof membrane beneath the facade. Our unit suffered a massive leak in the middle of the living room ceiling just after we moved in over five years ago, and we […]