On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury issued updated guidance addressing the Corporate Transparency Act (CTA). The CTA directs FinCEN to establish a nationwide database of beneficial ownership of certain corporations and other legal entities including condominium, homeowner (HOA) and townhome community associations. Read the article…………………………….
Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL)
The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read […]
Upholding Decorum: Navigating Conduct at Association Board Meetings
Association board meetings are formal meetings where the board of directors conducts business. However, these gatherings can sometimes become arenas for discord, where conflicts escalate and civility wanes. Upholding decorum at association board meetings is paramount to fostering an environment of respect, collaboration, and effective decision-making. Read the article…………………………….
Pickleball in your Community Association: 10 Considerations (IL)
Pickleball is sweeping the nation as a popular activity for all ages. It’s one of the fastest growing sports with over 8 million estimated pickleball players in the US. Before jumping on the bandwagon, consider whether your condominium, homeowner (HOA), or townhome community association has the space, budget, and interest to support a pickleball court. […]
Properly Addressing Nuisance Violations in Your Condominium Association (IL)
The Board of Directors is responsible for enforcing the terms outlined in the Association’s community instruments. While some violations are straightforward to identify and address, such as unauthorized improvements or improper parking, others, particularly those concerning nuisance clauses like noise or smoking, pose complexities. Read the article…………………………….
Nuisance Violations: The Challenge Continues
One of the obligations of the Board of Directors of a condominium or common interest community association is to enforce the terms of the Association’s community instruments. In many cases, it is relatively easy for the Board to verify whether a violation of the community instruments has occurred. That is, by way of example, it […]
Navigating the Decision-Making Process in Your HOA
In the dynamic landscape of homeowners associations (HOAs), decisions shape the trajectory of community life, from financial planning to rule enforcement and beyond. The process by which these decisions are made is intricate, influenced by governing documents, board dynamics, and the needs of the community at large. Let’s delve into how HOA decisions are crafted […]
City of Chicago Adopts New ‘Cooling Ordinance’: What Do Chicago Community Associations Need to Know? (IL)
On June 22, 2022, the City of Chicago adopted a new ordinance commonly referred to as the “Cooling Ordinance”. The Cooling Ordinance modifies the cooling requirements for certain residential buildings, which does include condominium and community associations as well as residential cooperative high-rises that meet the building criteria discussed below. Read the article…………………………….
765 ILCS 605/18.6 & 765 ILCS 160/1-70: A guide to displaying an American or Military flag in an Illinois Community Association
Can your HOA’s restrictive covenants or condominium documents ban flags? The ability to ban flags in community associations has become controversial in recent years. In many states, there have been news articles, and even lawsuits, involving owners who have encountered issues displaying political flags, thin-blue line flags, or flags from other countries. Generally, a community […]
Reserve Study vs Property Condition Assessment
In a comprehensive examination, this discussion delineates the essential differences and similarities between reserve studies and property condition assessments (PCAs), pivotal in the realms of condominium, homeowners’ associations (HOAs), and townhome associations management. Read the article…………………………….
Clarified Rights and Obligations Under the Illinois Electric Vehicle Charging Act: What Do Illinois Community Associations Need to Know?
The Illinois Electric Vehicle Charging Act (“Act”), which imposes certain requirements to foster widespread adoption of electric vehicles (“EVs”), took effect on January 1, 2024. Per its original terms, the Act applied only to “newly constructed single-family homes and multi-unit residential buildings that have parking spaces and are constructed after the effective date of this […]
How Condos are Reassessed (IL)
The job of the Assessor’s Office is to calculate a fair market value for your property. The market value is how much your property could sell for based on the current real estate market. For residential properties, including condos, your property’s assessed value equals 10% of its fair market value, per Cook County ordinance. Read […]
Dealing with Difficult Owners in an Association
Living in a community can offer many benefits, such as shared amenities and a sense of community. However, associations come with their own set of challenges, particularly when dealing with difficult owners. Whether it’s disagreements over rules and regulations, or disruptive behavior, addressing these issues requires a delicate balance of assertiveness, diplomacy, and adherence to […]
U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations
A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) […]
Discrimination in HOAs: A Claim That Must Be Taken Seriously
Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association. Read the article…………………………….
Understanding Your Condo Association’s Declaration: A Guide for Homeowners
Living in a condominium community comes with numerous benefits, including shared amenities, maintenance services, and a sense of community. However, it also entails certain responsibilities and obligations outlined in the condo association’s declaration. This document serves as the foundation for governance within the community, establishing rules, regulations, and guidelines that all residents must adhere to. […]
2024 Property Taxes: Impact on Chicagoland Community Associations (IL)
Cook County properties are reassessed on a triennial schedule. Every three years, the new valuations – along with appeals, exemptions, local tax levies, and assessments of nearby properties – determine the amount of future property tax bills. Read the article…………………………….
Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, […]
Corporate Transparency Act Reporting Requirements: What Do Illinois Community Associations Need to Know?
In 2021, Congress enacted the Corporate Transparency Act (“CTA”) in an effort to protect the U.S. financial system from illicit use. Generally speaking, the CTA requires business entities operating in the U.S. to report certain information regarding their beneficial owner(s). Read the article…………………………….
Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work
The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work” exception under CGL policies did not prevent […]
Illinois court asked: Are defects covered by general liability insurance?
The ruling, passed down from the state’s supreme court, could affect which issues contractors choose to litigate with insurers across the country. Read the article…………………..
Discrimination: A Claim That Must be Taken Seriously (IL)
This past year or two, we have seen more lawsuits filed in the circuit courts of Illinois by unit owners against community associations, individual board members, and/or management companies than in years past. For this reason, we often talk about trends in the courtrooms and how judges rule in cases involving community associations. However, we […]
Illinois Supreme Court Overturns Decades of Confusing Law on Insurance Coverage for Inadvertent Construction Defects
Over the years, owners and contractors were frequently shocked to learn that there was no insurance that could cover damage caused by inadvertent defective construction. However, that all changed on November 30, when the Illinois Supreme Court, in Acuity v. M/I Homes of Chicago, LLC, aligned Illinois law with the modern trend followed by most […]
Do Condo Unit Owners Have First Amendment Rights in Illinois?
The answer to the above question about condominium unit owners’ first amendment rights is absolutely yes. Section 18.4 of the Illinois Condominium Property Act provides that no rule or regulation may impair the rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article 1 of the Illinois […]
Understanding Balcony Support Systems: Maintenance, Damage Identification, and Material Choices
Balconies serve not just as a personal outdoor retreat but also as a significant architectural feature for any building. They offer residents a space to enjoy fresh air and views without leaving the comfort of their home. However, a balcony’s functionality and safety are heavily reliant on its structural support system. There are various materials […]
Understanding Balcony Support Systems: Maintenance, Damage Identification, and Material Choices
Balconies serve not just as a personal outdoor retreat but also as a significant architectural feature for any building. They offer residents a space to enjoy fresh air and views without leaving the comfort of their home. However, a balcony’s functionality and safety are heavily reliant on its structural support system. There are various materials […]
The Essential Role of a Structural Engineer in Condominium and HOA Repair Projects
In today’s evolving infrastructure landscape, the role of a structural engineer is paramount, especially when it comes to repair projects for condominiums or homeowners associations (HOA). Their contribution not only ensures that the repair works are of high quality but also that the process remains transparent and in line with the expectations of the board […]
What Your Illinois Homeowners Association Needs To Know About Architectural Control Requirements
Most condominium declarations will limit the ability of a unit owner’ ability to make changes to any structure, improvement, or any of the limited or general common elements within a condominium or common interest community association to preserve the aesthetics of the community. In many cases, deed restrictions will require the unit owner to obtain […]
What Trustees Need to Know About the Corporate Transparency Act – Sooner Rather Than Later
January 1, 2024 is quickly approaching and it will be a milestone for small businesses and their owners. Why? Because it is the effective date of the Corporate Transparency Act (the “Act”) – historic legislation that requires certain companies to report information about the company and the company’s owners with the U.S. Financial Crimes Enforcement […]
Smoke Alarms and Fire Prevention Systems in Illinois Community Associations
…….discusses legal updates impacting smoke alarms and fire prevention systems in Illinois condominium, homeowner (HOA), and townhome community associations. Listen to the podcast………………………………
Meeting Minutes and the Role of the Secretary
The role of a secretary in a condo association is an important one, as they play a key part in the administrative and record-keeping aspects of the organization. In this article, we are going to focus on Meeting Minutes. Taking minutes at a condo board meeting is an important responsibility that helps document decisions and […]
What You Need to Know About Cannabis and Marijuana in Illinois Condos Under the Illinois Condominium Property Act
As Illinois became the 11th state to legalize marijuana in June 2019, it greatly impacted a condominium association’s right to simply restrict the consumption of marijuana in the condominium building(s). Previously, associations could rely on bans on criminal behavior to assert that marijuana could not be consumed, but that does not appear to be a […]
Aging in Place: 5 Considerations for Community Associations
“Aging in place” refers to the ability of a homeowner to remain living in their own house and community independently as they age rather than moving to a retirement or assisted-living facility. Motivations include comfort, autonomy, safety, and proximity to social connections. The trend is showing no signs of slowing down. Read the article………………………..
New Illinois Law Sparks a Change to Condo Owners and Tenants: Impact of Electric Vehicle Charging on Community Associations
Illinois Governor Pritzker signed the Electric Vehicle Charging Act into law on June 9th, 2023. The legislation is applicable to both new and pre-existing residential properties, including houses, apartments, and condominiums. The law goes into effect on January 1, 2024. Read the article………………………..
What to Know About the New Corporate Transparency Act (IL)
As we enter the autumn season and approach 2024, condominium associations across the United States are readying themselves for significant change in legislation that is likely to enhance corporate transparency and combat illegal activities, such as money laundering and various other illicit activities. This comprehensive law, the Corporate Transparency Act, or the “CTA” Read the […]
You Can’t Have Legal Malpractice Without Legal Damages (IL)
On May 1, 2023, the Illinois Appellate Court, First District, affirmed the trial court’s holding granting summary judgment to a condominium association’s former attorney Michael C. Kim (“Kim”). In support of its decision, the Court held that Hemingway House Condominium Association (“HHCA”) failed to prove injury or damages to support a cause of action. Read the […]
A Guide to Condo Board Elections (IL)
Condominium living offers many benefits, such as shared amenities and maintenance services, but it also comes with responsibilities, including participating in condo board elections. These elections play a crucial role in shaping the direction and management of your condo community. In this article, we will explore the importance of condo board elections, the process involved, […]
Surveillance in Buildings & HOAs: Privacy vs. Safety (IL)
In 2017, a Boston couple was brutally murdered in their penthouse apartment in a high-end condominium building. The murderer, the former employee of a company that supplied concierge services to the condo, had worked there, and so knew the ins and outs of the building—including some serious gaps in the property’s security that both the […]
Corporate Transparency Act Reporting Requirements: What Do Illinois Community Associations Need to Know?
In 2021, Congress enacted the Corporate Transparency Act (“CTA”) in an effort to protect the U.S. financial system from illicit use. Generally speaking, the CTA requires business entities operating in the U.S. to report certain information regarding their beneficial owner(s). The CTA is slated to take effect on January 1, 2024, and imposes certain reporting […]
What Can I Do About Marijuana Smoke in a Condo? (IL)
The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Read the article………………………..
Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period (IL)
Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the insured conceded—arose out of the same claim. Steadfast Ins. Co. v. State Parkway Condo. Ass’n, 2023 WL 4105252 (Il. […]
New Community Association Management Rule Takes Effect (IL)
New administrative Rules governing Community Association Managers and Community Association Management Firms (68 Ill. Adm. Code 1445) became effective June 2, 2023. The new Rule represents a major overhaul to the prior Rule, which was adopted in October 2011. Read the article………………………..
Legislative Update – New Laws and Regulations Enacted in 2023 (IL)
During the legislative session that began in January of this year, numerous bills impacting community associations and the community association industry were filed by various legislators in the House and Senate. The Illinois Legislative Action Committee (ILAC) reviewed those bills and engaged sponsors and other stakeholders as necessary to protect community associations and the community […]
What a Condo Association Should Know About Rule Changes (IL)
A condo association must occasionally change rules that are no longer working or introduce new rules to manage a new situation. It is normal and natural that the rules and procedures condo owners are subjected to may need to be updated from time to time. However, initiating those changes may be a process. A condo […]
Can You Charge Electric Cars at Your Condo Building? (IL)
With the increasing popularity of electric vehicles (EVs) and the growing concern for sustainable transportation, condominium owners and property managers are faced with a crucial question: Can you charge electric cars at your condo building? Read the article………………………..
Monitoring Fraud in Condo Associations: The Do’s and Don’ts (IL)
Condominium associations hold a significant level of trust, as they are responsible for managing the community’s financial affairs and overall well-being. Fraud can have devastating consequences for the condominium, both financially and reputationally. Not only does fraud have the potential to break down relationships between neighbors, but it can also cause a significant increase in […]
Refresher on Enforcing an Association’s Restrictions (IL)
Every community association has owners that violate the association’s community instruments. To ensure harmony and cohesiveness and to help avoid problems, the board of directors must enforce the restrictions contained within the association’s community instruments.Read the article………………………..
Best Practices for Planning and Evaluating Your Condo and HOA Budget
A thriving community starts with a thoughtfully prepared budget. Financial planning helps ensure a stable future for any condominium, homeowner (HOA), or townhome association. Accordingly, board members must take their financial responsibilities seriously. Read the article………………………..