What does this mean? How would I know? Is it Important? Who cares? All valid questions and certainly varies from association to association. What follows is an attempt to shed some light on this often-forgotten issue in today’s busy world of business and staggering list of priorities placed on each of us. Let’s begin by […]
Looking for an Effective Condo Management Services Company?
Do you live in a Chicago based condo association? Or perhaps a townhome association or an HOA? What are the most important questions to ask your new potential management partner? How do you insure that whatever company you hire actually delivers on all the promises. Are you feeling frustrated with the vetting process? Have you […]
How Much Should Our Association Have in Reserves? Fully Funded, Partially Funded or Under Funded is the Better Question.
One of the most widely asked question by the condo community association board Treasurer is how much should be in the reserves. Another typical question which is essentially the same is “How much should our association put away into the reserves as a part of our annual budget”? The answer is far from simple especially […]
Top 10 Ways to Drive UP Homeowner Engagement in Your Community Association
Why do people choose a community association such as a condo, townhome or homeowner association? Is it because they want a maintenance-free living experience and chances to meet and mingle with neighbors? Or, are they looking to feud with people about noise issues such as barking dogs, revving motorcycles and upstairs neighbors walking in high […]
Confidentiality Of Unit Owner Contact Lists; Where Will We End Up? (IL)
In recent months, we have seen a legislative tug of war over the confidentiality of unit owner contact lists. This all started with changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 requiring that associations include every unit owner’s email address and phone number on the unit […]
Illinois App. Court (1st Dist) Rules HOA Lien Extinguished by Payment 1 Year After Foreclosure Sale
The Appellate Court of Illinois, First District recently held that a foreclosing mortgagee’s payment of post-foreclosure sale assessments nearly a year after the sale date confirmed the extinguishment of a condominium association’s lien for pre-sale assessments created under the Illinois Condominium Property Act. In so ruling, the First District found that the plain language of […]
Choosing The Right Contractor
Spring is synonymous with warming temperatures (in theory), greater daylight hours, and community association enhancement and repair projects. Choosing the right contractor for your association project helps the job remain on time – and on budget. So, how DO you choose the best contractor for your project? Read the article……………….
Kolker reversed in Millstadt homeowners association dispute (IL)
Fifth District appellate judges reversed St. Clair County Associate Judge Chris Kolker for ruling that a homeowners association can’t charge dues and assessments because it doesn’t exist. They reversed summary judgment that Kolker entered in 2016, in a dispute from The Briars subdivision in Millstadt. Fifth District Justice Melissa Chapman found many mistakes in Kolker’s […]
Should Your Associations Approve the Installation of Semi-Inground Pools? (IL)
With the summer months approaching, your association may receive a request for approval from an owner wanting to install a pool on his or her property. For most associations, whether approval is granted will depend on whether the pool will be an in-ground pool or an above-ground pool. The governing documents for most homeowners associations […]
Association Collections Policies Clarified by Court Decision (IL)
In Lake Point Tower Condominium Ass’n v. Waller, 2017 IL App (1st) 162072, decided on June 28, 2017, the Association filed a Forcible Entry and Detainer action against Defendant to obtain possession of Defendant’s condominium. At trial, Defendant filed a motion to dismiss the complaint. In the motion, Defendant acknowledged that she owed past-due assessments […]
The City Of Chicago & The State Of Illinois Are Taking Action To Address Privacy Concerns Of Condominium Unit Owners
In response to the outcry against the recent amendment to Section 19 of the Illinois Condominium Property Act, the Chicago City Council passed an Ordinance on March 28, 2018 which amends Section 13-72-080 of the Chicago Condominium Ordinance. The Ordinance, as amended, provides that no unit owner, with the exception of those on the Board […]
Hoarding in Condominiums
Residential Property Management for a Condominium Association has many challenges and Managers have mountains of information passing through our offices on a daily basis. Information and documents needing to be tracked, monitored, answered and eventually filed. There is a lot of paperwork in a Manager’s office; paper is everywhere. On a regular basis, Property Managers […]
A Tree Inventory for Your Community: The Benefits of Seeing the Forest and the Trees
Do you manage a community association with numerous and/or aging trees? Chances are, you‘ve had to contend with unexpected tree care costs, and perhaps damage to structures or other property resulting from failed tree limbs. You want to head off future problems and preserve the beauty of your community’s treescape. But where to begin?. Read […]
The Privacy Quandary: Balancing The Obligations Of Associations With The Rights Of Homeowners
Living in a home administered by a condominium association is a unique experience. There are significant benefits to association living, including the ability to defer decisions (and the execution thereof) regarding administration, insurance, repairs, maintenance and other usual owners’ obligations to a professional property manager or board of directors. Conversely, association living requires owners to […]
Three Keys for Request for Proposal (RFP)
A request for proposal (RFP) is meant to give direction to a contractor or vendor regarding the scope of service for a project and the association with a focused cost to complete the identified scope. While RFPs are used for everything from landscaping contracts to full scale roof replacements, a properly prepared RFP can make […]
Homeowners allege Holishor Association wrongfully collected money in RICO suit (IL)
A homeowners association for Madison County residential lots allegedly wrongfully collected money from the owners of two properties in Edwardsville. Bruce C. Edwards, Angela K. Edwards, Timothy Couch and Amanda Couch filed a complaint on Jan. 24 in the U.S. District Court for the Southern District of Illinois against Holishor Association Inc., et al., alleging […]
How to Approach Negotiating With a New Property Management Company for Your Building (IL)
Hiring a new property management company for your building is no small change. Usually, it’s a multi-year commitment that involves a lengthy process, and it has the power to affect a building’s physical condition, finances, and other key aspects. When you’re in the process of evaluating property management companies, the negotiation phase is key. Read […]
Top Three Improvements All Buildings Should Aim For
Every homeowners association and property management company has as its goal the maintenance and improvement of the building under its care. Of course, this is frequently framed against the other main priority, maintaining a healthy building budget and charging owners as little as possible in monthly assessments. Every building’s needs are unique, but here are […]
Condo association, realty company deny liability in suit alleging property had flooding problems (IL)
A Collinsville condominium association and a realty company deny liability in a property buyer’s suit alleging they failed to inform him that the property had drainage and flooding issues. Raymond Muniz filed the complaint on Oct. 18 against Knightsbridge Villas Condominium Association, Laura Clark, Paula Wanous and Epic Realty LLC. Read the article……………
Accounting changes will likely be an added expense (IL)
As I noted in the Nov. 18 column, new Section 1-45(h)(i) of the Common Interest Community Association Act and new Section 18.10 of the Illinois Condominium Property Act provide that: “An association subject to this Act that consists of 100 or more units shall use generally accepted accounting principles (“GAAP”) in fulfilling any accounting obligation […]
Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process
While being named as a defendant in a lawsuit is never ideal, community associations have a number of defense tactics available to prepare for the possibility of litigation. These defense measures may enable an association to avoid costly litigation and defer additional liability when faced with an action filed by an owner or resident in […]
Rockin’ Around the Christmas Tree-Holiday Decorations in Your Community Association
The title of the article is tongue-in-cheek, to be sure, but like any “good” joke (we can debate whether the word “good” is appropriate here), there is a grain of truth behind it. The fact is, holiday decorations are an issue that all Boards must address, saddling the Board with the unenviable task of prohibiting […]
Taking the Angst Out of Writing Meeting Minutes
How many of you have been to the meeting immediately following an election, ready to choose officer positions and you get to secretary and not a single Board Member volunteers? Property Managers, Board Members and Homeowners have all witnessed this I’m sure. That is because one of the daunting tasks of the secretary is to […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]
Summary of new laws affecting associations- Part 3 of 3 (IL)
This is the final installment in a three-part series. On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium Property Act. The changes become effective Jan. 1. This is the third of three columns […]
New law affects how associations run (IL)
This is part 1 of a 3-part series on a new law affecting associations. On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Illinois Common Interest Community Association Act and the Illinois Condominium Property Act. The changes will become effective Jan. 1, […]
New Amendments to the Illinois Condominium Property Act and Illinois Common Interest Community Association Act
Legislation that will take effect on January 1, 2018 will impose new obligations on Illinois condominium associations, including a requirement that every association maintain an official unit owner list that includes every unit owner’s phone number and email address. The legislation also covers a wide range of other issues, including authority for boards to resume […]
Conflicts of Interest (IL)
The Illinois Condominium Property Act (the “Condominium Act”) does not provide complete guidance on when a board decision may be invalidated due to a conflict of interest. Therefore, a court, when deciding if a decision should be set aside due to a conflict, looks to the General Not for Profit Corporation Act of 1986 (the […]
Fire, Code, Restoration & Safety Tips
Annually, as Fire Prevention Week approaches in October, billboards, public service announcements and the like pop up and heighten our awareness about the dangers of fire. Maybe your local fire department had an open house and the kids learned about what to do in a fire. All these things spark greater than usual interest, maybe […]
Court case supports collection of unpaid fees (IL)
My Aug. 26 column “teased” that I would address in a future column the circumstances under which the purchaser of a foreclosure condominium at a judicial sale may be responsible for all unpaid sums due from the prior, foreclosed owner. The Illinois appellate court has issued another opinion on this issue, and I’ll address it […]
Illinois App. Court (1st Dist) Holds 7-Month Delay in Paying Overdue HOA Assessments May Not Extinguish HOA Lien
The Appellate Court of Illinois, First District, recently reversed a trial court order granting summary judgment in favor of a mortgage servicer and against a condominium association (COA) holding that a material question of fact existed regarding whether the servicer promptly paid assessments that accrued after the foreclosure sale, as required under section 9(g)(3) of […]
Revisiting Claims for Breach of Implied Warranty of Habitability: Illinois Appellate Court
On February 17, 2017 the Illinois Appellate Court for the First District considered three consolidated appeals brought by a condominium association seeking damages for defects in the design and construction of a condominium building. Sienna Court Condominium Ass’n v. Champion Aluminum Corp., 2017 IL App (1st) 143364. Two of the Sienna Court appeals addressed the […]
Changes to the Common Interest Community Association Act and the Illinois Condominium Property Act
On August 24, 2017, Governor Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium Property Act. The new law will become effective January 1, 2018. Below is a summary of the changes. Read the article…………….
The State of Security/Surveillance Cameras: A Starting Point for Boards
A debate on surveillance is often one between security, privacy and finances. With increased access to low cost, higher quality equipment, boards are being requested to step up security to combat against increased crime. However, there are legal issues a board should consider and multiple steps to take to protect an association from the very […]
Constantly Changing Condominium Laws (IL)
A recent opinion from the Illinois’ First Appellate District, Country Club Estates Condominium Assoc. v. Bayview Loan Servicing, LLC, 2017 IL App (1st) 162459, provides that “prompt” payment of assessments is required to extinguish presale assessments under the Condominium Property Act. This ruling not only puts a new wrinkle on condominium association lien extinguishment, but […]
Budgeting Best Practices
Preparing the annual budget is one of the Association’s most important responsibilities. The Board has the fiduciary role in establishing a well prepared budget that’s main purpose is to determine what the assessments will be for the upcoming year. Preparing a budget often comes with many challenges as the Board may encounter unanticipated expenses and […]
New Illinois Condo Owner’s Handbook Now Available Online
Illinois condominium owners now have a comprehensive, educational guide at their fingertips thanks to a recently compiled handbook by the Illinois Condominium and Common Interest Community (CCIC) Ombudsperson, Adrienne Levatino. The Condo Unit Owner’s Rights and Responsibilities Handbook provides an unbiased, objective look at Illinois law governing condominium unit owners and marks the kick-off of […]
Kick the Can and Deferred Maintenance
In the childhood game of “Kick the Can”, one person is designated It and an empty can is placed in the open playing field. With eyes closed, It counts to an agreed upon number, and the other players run and hide. It then tries to find and tag each of the players, always keeping a […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]
Musical Chairs & Management Stability
To be on a board of directors for a community association is not an easy job. Yes, “job.” Although these are positions filled by volunteer owners, it is a job. Many community associations share this job with the assistance of a professional management company and a Community Association Manager (CAM). In Illinois a CAM must […]
Tag, You’re It – Welcome to the Board of Directors
Congratulations! You’ve been elected as a member of your community association’s board of directors. Now what? Serving as a member of an association’s board of directors puts you in a powerful seat while also conferring a great deal of shared responsibility. Don’t let this scare you! With some preparation and teamwork your term as a […]
Hide & Seek – Finding the Right Experts for Your Association
When looking for the right experts for your community association there are many places that you will have to search, much like the game of Hide & Seek you might have played as a child. To help avoid wasting time and energy, the Association should develop a strategy to help find the professionals that are […]
Subcontractor’s Alleged Negligence Was “Occurrence,” Seventh Circuit Says
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Illinois, has ruled that a subcontractor’s alleged negligence was an “occurrence” for purposes of a commercial general liability (“CGL”) insurance policy. Read the article……………
It’s all about the Planning! – Tips to getting an Association Loan
The key to obtaining an association loan is to be prepared and follow best practices. The planning that is done two, and even three years before the association actually needs the loan, is critical to getting a loan approved by a bank. This is not to say that there will be unexpected maintenance and repairs […]
Pending Foreclosures Should Not Halt the Collection of Delinquent Assessments
It is not uncommon to find that when a unit owner fails to pay his/her assessments, they are also not paying their mortgage. Thus, oftentimes foreclosures go hand-in-hand with the collection of delinquent assessments. Fortunately for associations, the Condo Act addresses the association’s options with regard to collection of delinquent assessments when a unit is […]
Illinois Appellate Court Clarifies Palm Decision Regarding Association Collections
In Lake Point Tower Condominium Ass’n v. Waller, 2017 IL App (1st) 162072, decided on June 28, 2017, the Association filed a forcible entry and detainer action against Defendant to obtain possession of Defendant’s condominium. Subsequently, Defendant filed a motion to dismiss the complaint. Without disputing that the assessments were due, the Defendant alleged that […]
Smoking Complaints-The Saga Continues
Given the municipal smoking ban in public places(1) and the proven harm of secondhand and third hand smoke, many Boards continue to be besieged with complaints from residents of transmission of smoke into their homes. These complaints can range from annoyance with smoke odors to complaints that smoke transmission is life-threatening and renders a home […]
Funding Your Future: Predicting & Budgeting Your Association’s Repairs & Improvements
All community associations require routine maintenance, repairs, and replacement over time to ensure they remain in good condition. The task of ensuring the Association retains sufficient funding to pay for this maintenance, repair and replacement work falls squarely on the shoulders of the Board of Directors. Balancing the Association’s financial and maintenance needs is a […]
Summer Safety
The summer season is a ready welcome every June given our Midwest winters. However, with the warmer temperatures are considerations your communities may face during this time of year. Here are some reminders for issues most common to the summer months. Read the article…………….
“Offensive, Rude, Annoying, Mean-Spirited & Ill-Advised” Blog Posts Aren’t Defamatory–Milazzo v. Connolly (IL)
This is another case study of the overly litigious world of homeowners’ associations. For example, a few months ago, I blogged about another lawsuit involving a condo association, its no-pet policy, and a string of vitriolic blog posts over residents who had emotional support therapy dogs. Read the article…………….