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………………………..
Enhancing Community Safety and Financial Planning: New Reserve Study Standards
Community Associations play a vital role in managing and maintaining the shared assets of their members. However, ensuring the safety and longevity of these properties requires meticulous planning and budgeting. In response to the tragic incident at Champlain Towers South, the Community Associations Institute (CAI) has taken decisive steps to promote safer and financially sound […]
What an Illinois Condo Needs to Know About Easements for Cable and Internet in Accordance with Sections 14.3 and 18.4(o) of the Illinois Condominium Property Act
Having quality access to cable television and internet has become nearly an absolute right to many homeowners, and the need for this service (especially the internet) was heightened during the COVID-19 pandemic when many more people started to work from home. Along those lines, a condominium association may be approached to provide an easement in […]
New Illinois Community Association Manager Rules for 2023
The Illinois Department of Financial and Professional Regulation (IDFPR) is a state government agency responsible for the licensing, regulation, and discipline of Community Association Managers (CAM). Community Association Managers are responsible for managing homeowner and condominium associations. Their duties often include collecting association dues, managing association vendors, resolving disputes between owners, and enforcing the community’s […]
Do We Have to Make All Board Meetings Open to the Members of the Association? (IL)
Three of the most frequently asked questions by boards of condominiums and common interest communities are: (1) do all the unit owners get invited to every board meeting; (2) what constitutes an actual board meeting; and (3) can the board discuss items outside a formal board meeting setting. In this article, it is our goal […]
What You Need to Know About Dogs Restrictions and Condo Associations
Dog lovers and those who would prefer not to have dogs around must often cooperate in communal living environments like condos. Most dog owners are unwilling to give up their pet, who they may view as a member of their family. However, there are limits to what a condo association must legally accept when it […]
Understanding Condo and HOA Insurance: Coverage Types and Key Considerations for Community Associations
Condominium, homeowner (HOA), and townhome associations carry insurance coverage designed to protect the common areas and shared spaces of the community. While individual homeowners are responsible for purchasing their own insurance to protect their personal property and dwelling, the association’s insurance policy may cover Read the article………………………..
Illinois Legislature Approves New Temperature Requirements for 55-And-Over Communities: What do Illinois Community Associations Need to Know?
The Illinois legislature recently approved amendments to the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) to impose certain temperature control requirements for condominium and community associations “in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.” Read the […]
Right-to-charge laws bring the promise of EVs to apartments, condos and rentals (IL)
But having wiring in place for charging is only the first step to expanding EV use. Apartment building managers, condo associations and residents are now trying to figure out how to make charging efficient, affordable and available to everyone who needs it when they need it. Read the article………………………..
New Law: Mandate for Installation of Electric Vehicle Chargers in Common Area Parking Lots (IL)
On June 9, 2023, Governor Pritzker signed Senate Bill 40 into law. This new law states that beginning on January 1, 2024, if a single-family home or multi-unit residential building constructs a new parking lot, every parking space must be equipped to install an electric vehicle charger. Read the article………………………..
2023 ILAC Update: New CAM and Management Firm Rules (IL)
Illinois instituted individual CAM Licensing in 2012 and the process is overseen by the Illinois Department of Financial and Professional Regulation (IDFPR). The IDFPR through its Division of Real Estate has worked over the past several years to standardize and harmonize requirements of licensed professionals in the State including Community Association Managers and Real Estate […]
Can Condo Associations in Illinois Prohibit the Use of Marijuana?
Starting in 2020, the use of marijuana for recreational purposes became legal in Illinois. While adults are allowed to possess and use a certain amount of marijuana or marijuana products, those who do not use these substances may be concerned about how they will be affected. Read the article………………………..
Adding Property Under Section 25 of the Condominium Property Act
In Illinois, a developer can reserve the right to add property to a condominium at the time of the recording of the original declaration. This is an important right in that it allows a developer to make a decision about how many buildings and units to add based on several factors, including the market over […]
New Law: Mandate for Installation of Electric Vehicle Chargers in Common Area Parking Lots (IL)
On June 9, 2023, Governor Pritzker signed Senate Bill 40 into law. This new law states that beginning on January 1, 2024, if a single-family home or multi-unit residential building constructs a new parking lot, every parking space must be equipped to install an electric vehicle charger. Read the article………………………..
Tips for Assessing Charges to an Owner’s Account (IL)
As community associations are not-for-profit corporations, collecting money due and owing to these communities is critical. Over the years, K&M has written many articles and participated in many presentations about the collection process. For this reason, many of you understand the importance of collecting assessments. Read the article………………………..
Illinois Court Rules in Favor of Association in Eviction Action Even Though Board was Not Properly Elected
Recently, the First District Court of Appeals discussed a situation where a unit owner claimed that an eviction action filed by her condominium association was not proper because the members of the association’s board of managers were not properly elected, and as such, the budget setting the amount of assessments was not properly passed. The […]
Common Restrictions or Rules: Do They Help? Are They Needed? (IL)
It is not uncommon when drafting an amendment to a declaration or to rules and regulations to have a member of the board of directors or management say to us “we must include this restriction.” When we hear the restriction that must be included, we often think “not really” or “yes, but then you also […]
Electric Vehicle Charging Act Approved by the Illinois Legislature: What Do ILLINOIS Community Associations Need to Know?
The Illinois legislature recently approved the Electric Vehicle Charging Act (“Act”), which imposes certain requirements for “newly constructed single-family homes and multi-unit residential buildings” with parking spaces, including condominium and community associations, to foster widespread adoption of electric vehicles (“EVs”). Read the article………………………..
Behind the Walls: The Damaging Effects of Unchecked Moisture
When it comes to building structures, moisture poses a significant threat that often remains unseen until extensive damage is done. This blog post explores a real-life scenario where moisture-related issues were discovered during a project involving exterior wall repair. We will delve into the consequences of unchecked moisture, highlighting the importance of thorough inspections and […]
How to Amend Your Illinois Condo Documents as Required Under the Illinois Condominium Property Act, 765 ILCS 605/18
There are many reasons why a condominium association may decide to amend its declaration or other governing instruments. For example, if the condominium association was recently transitioned to the unit owners from the developer, then an amendment may be to utilized to make sure that all of the protections for the association are included. This […]
How Will Chicago’s Decarbonization Strategy Affect Condominiums? (IL)
In the 21st century, global climate change is an increasingly important issue that concerns individuals, businesses, and governments. To help address this issue and limit activities that could accelerate climate change, governments at the national, state, and local levels are taking steps to implement new policies that are meant to reduce carbon emissions and improve […]
No More Adult Swim? Are Your Association Pool Rules Compliant with the Law? (IL)
Over the next few weeks, many Homeowner Associations will begin to reopen their swimming pools. Prior to opening the Association’s pool, it is important for the Board to review the Association’s Rules and Regulations to make sure that they adequately protect the Association from any potential liability. Read the article………………………..
Illinois – Legislative Update – 2023
On January 11, 2023, the 103rd General Assembly was inaugurated. With the new General Assembly came a flurry of new legislation introduced in both the House and the Senate. As has been the case in the recent past, that newly introduced legislation includes numerous bills impacting community associations and the community association industry. The Illinois […]
Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160
One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members. This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year. However, each association may […]
Electric Vehicles Charge Ahead: How Condo Associations Can Keep Up (IL)
As the popularity of electric vehicles (EVs) continues to rise, the need for electric vehicle charging stations becomes more pressing. While public charging stations are becoming more common, many EV owners rely on at-home charging stations for daily charging needs. For those living in condominiums, however, installing an at-home charging station can be a challenge. […]
Contractual Considerations for Short-Term Rentals
Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships. Read the article………………………..
Swimming Pool Managers: What Chicagoland Condos and HOAs Need to Know (IL)
Swimming facility inspections and investigations are performed by the Cook County Department of Public Health (CCDPH) on behalf of the Illinois Department of Public Health. Chapter 38-41 of the Code of Ordinances of Cook County, Read the article………………………..
Building Landscaping: Non-Grass Alternatives To Consider (IL)
Maintaining a lush, green lawn can be difficult to keep up with in the long term. However, there are many options for landscaping that don’t require grass and can add color and texture to your outdoor space. In this post, we will explore non-grass alternatives that you may want to consider when planning your next […]
E-bikes in Your Community Association: Ten Potential Rules and Regulations
An e-bike, or electric bicycle, is equipped with an electric motor to assist the rider in pedalling and propelling the bike forward. These bikes are typically powered by rechargeable batteries. E-bikes can be used for commuting, exercise, and leisure riding. They can also make biking easier and accessible, particularly for people who may find it […]
Backyard Event Rentals: Problems Posed for Homeowner Associations
Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for homeowners to make an extra buck, such backyard event rentals will likely cause tension between homeowners and their HOA […]
How You Can Safeguard Your Community Association’s Finances Against Fraud
Payment fraud is nothing new. Even in the Stone Age, someone likely tried to pass off a cheap stone ax for a nicer one. Fraudsters evolve as quickly as advances in payments methods and technologies — but new fraud-prevention tools can help protect your community association against deception and theft. Read the article………………………..
What You Need to Know About Master Community Associations in Illinois
When buying into a condominium in Illinois, one thing that should be reviewed is whether the condo association where the unit is being purchased is part of a “master” or “umbrella” association. Master associations are a statutory creature whereby multiple condos are run by one entity or where certain aspects of multiple condos are run […]
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Among the most commonly asked questions of condo and community association boards often relate to smoking and cannabis use. Howard Dakoff recently spoke at a meeting of the community association property managers at Advantage Management on the rights and limitations of smoking and cannabis use in condo buildings. Read the article………………………..
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Generally, condo residents can smoke in the units and common elements, unless smoking is prohibited in the Association’s Declaration By-Laws, or Rules (for common elements). Changes to the Association’s Rules require approval of the condo board, whereas amendments to the Declaration or By-Laws require unit owner approval. Read the article………………………..
Building’s Pet Policies: Best Practices to Keep in Mind
Having a well-defined pet policy in your building is essential for preserving harmony between all residents. Pets can be a source of joy and love, but also a potential source of conflict if not properly managed. To ensure that all residents are able to live peacefully and comfortably, it’s important to set up some ground […]
2023 Update to Illinois Smoke Detector Act: What Do Illinois Community Associations Need to Know?
In August of 2017, the Illinois Smoke Detector Act (“Act”) was amended to include additional requirements for smoke detectors in residences, and these new requirements took effect on January 1, 2023. Read the article………………………..
Is Your Community Association at Risk for Fraud?
Condominium, homeowner (HOA), and townhome community associations are not immune from fraud. Recently in the news, multiple members of a homeowner’s association were arrested for suspected theft, money-laundering, and other charges. Investigators believe millions of dollars were stolen from the community’s budget through questionable expenses, personal purchases, and diversion of association funds. Read the article………………………..
How To Financially Plan For Condo Improvements
Condo ownership comes with many financial planning considerations. It is important to plan for the cost of repairs and improvements that can arise, as well as the regular maintenance costs associated with owning a condo. In order to ensure that you have enough money saved up for any necessary upgrades or repairs, it is essential […]
How To Be a Great HOA Board Member
Serving on a Homeowner Association (HOA) board can be an incredibly rewarding experience. Not only do you have the opportunity to serve your community and make decisions that affect the lives of all its residents, but you also gain invaluable experience in problem solving, consensus building, and conflict resolution. Being a great HOA board member […]
A guide to Homeowner’s insurance in an Association (IL)
Insurance is a topic most people like to avoid, but it is an important one. As owners or landlords, we all have to be responsible and carry the proper insurance for our homes. Who’s responsible for what? It’s an important question often asked by owners, and the answer is sometimes more complicated than you’d think. […]
How to Improve Communication Among Board Members
Effective communication between HOA board members is essential to help enhance the overall functioning of the organization. Poor communication can lead to misunderstandings and conflicts, so it is important to foster an environment of clear and respectful dialogue. Here are 8 strategies that can be used by HOA board members to improve their communication with […]
Illinois Court Rules Condo Association Did Not Properly Elect Directors and Vote to Amend Condo Bylaws
When a party buys a condominium unit in a condominium development that is still in its infancy, many issues may arise, including how control of the board of managers will be transitioned from the developer to the unit owners and how the board will be elected. Read the article………………………..
Illinois Court Orders Developer to Pay Condo Assessments on Unfinished Units
Assessments (or dues) provide the lifeblood for condominium associations so that they can provide necessary services to the unit owners within the association, including the maintenance of common areas such as roads, sidewalks, parking areas, utilities, and elevators. In most condominium associations, the only source of revenue to pay for common elements are these assessments, […]
Illinois Common Interest Communities and Condo Associations Can File Property Tax Appeals on Behalf of Unit Owners
Anyone who has ever owned property in Illinois understands that there exists a potentially never-ending cycle of property tax appeals and assessments because real estate is subject to being re-evaluated or re-assessed either on a 3-year or 4-year cycle depending on which county the property is located. Even further, if there are changes made to […]
How to Impose and Enforce Fines in an Illinois Condo Association
As Illinois’ First District Appellate Court recently stated, “[c]ondominiums are creatures of statute and, thus, any action taken on behalf of the condominium must be authorized by statute.” Glazer v. Priv. Residences at Ontario Place Condo. Ass’n2022 IL App (1st) 210156, ¶ 22. Along those lines, “[t]he affairs of condominium associations are controlled by the […]
Reserves and Reserve Funds in an Illinois Common Interest Community
Unexpected things happen in our daily lives, and sometimes those things happen in our home. It is great, if possible, to save monies for a “rainy day” so that one major issue, or a series of issues, does not drain your resources. The same analysis applies in a condo association or common interest community. Having […]
What to Do When a Unit Owner Violates The Condo Bylaws (IL)
The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium. One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its […]
What to Do When a Unit Owner Violates The Condo Bylaws (IL)
The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium. One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its […]