Can board close walking path through winter? (IL)

Q: We live in a townhouse condominium in the suburbs. There is a walking path around the development. It is a significant amenity that is used by most of the residents. There are many dog owners and walkers that use that path several times a day, all year-round. The association does not remove snow from […]

Judgments must be disclosed to potential buyers (IL)

Q: Our condominium association has been cited on numerous occasions with building code violations that require actual court appearances. Do these matters need to be included in the 22.1 disclosure?   Read the Q&A……………………………….

Tax purchaser still bound by condominium covenants (IL)

Q: A tax deed was issued to a tax purchaser for a condominium unit in our association. The tax purchaser has been telling our property manager that he is not subject to the covenants set forth in our declaration of condominium. Specifically, he says he is not subject to the leasing restriction in our declaration, […]

Owners not entitled to compensation for balcony work (IL)

Q: We own and live in an old condominium building. The association is performing major tuckpointing work on the exterior of the building. It is a project with a 10-month duration. As a result of all this work, unit owners have been unable to use their balconies for this entire period of time. Do owners […]

No injuries in Palatine condo fire (IL)

No injuries were reported after a fire damaged a three-story condo building Friday in northwest suburban Palatine.  Crews were called about 4:57 p.m. to the building in the 500 block of East Spruce Drive for reports of smoke, the Palatine fire department said. Upon arrival, authorities found smoke coming from the roof and discovered the […]

Owner comments can be limited to brief period (IL)

Q: A debate is brewing in our association as to how long the homeowners’ forum portion of our board meetings should last. Our board meets monthly, and the board meetings typically run about two hours. Some board members want the homeowners’ forum limited to about 10 or 15 minutes; others say it should be 30 […]

Rules violation hearings not a court of law (IL)

Q. Your recent article quotes the term “due process” regarding hearings for violations and fines. I would like to know why boards are not required to hold these hearings with a swearing in, a court reporter and hearing officer to attend. Without this formal requirement or process both the owner or the complainer may tell […]

Top issue facing associations is inadequate reserve funds (IL)

Q. What is the No. 1 issue facing Illinois associations? A. While there are many common issues facing associations, I would suggest that the top issue is deferred maintenance and inadequate reserves for capital expenditures related to repair and replacement of the common elements, or common areas.    Read the Q&A……………………….

Common interest community associations (IL)

Q. I have lived in several subdivisions of single-family homes in Long Grove. Each has been governed by a homeowners’ association, and each has a declaration of covenants, restrictions and easements. Is there a statute that governs these associations?   Read the Q&A……………………………

Association continually collects for ’13th’ month (IL)

Q Can our condominium association charge an extra monthly assessment for multiple years? The first time this extra fee was assessed, the manager announced the association needed more money, and they would just add a 13th monthly assessment instead of raising the association fees. This was presented to the owners as a temporary, one-time thing. […]

Who should clean up a retention pond? (IL)

Q. I live in a condominium development that has a retention pond in the middle. This pond is full of floating and exposed debris. I contacted my condominium association about removing these items from the pond. The board responded that it created a work order to have the garbage removed from the pond. The board […]

Associations easily can acquire loans (IL)

Q. I am treasurer of our condominium association. We are considering borrowing money to pay for common element maintenance, repair and replacement projects, and I have been asked to look into this. The only loans I am familiar with are mortgages. Because the association does not own any real estate to mortgage, what sort of […]

Insurer must pay to replace all siding on hail-damaged condos (IL)

A Tokio Marine Group unit must pay to replace all the siding on a condominium association’s buildings, in a case where there was no longer a match available for the structures’ undamaged siding, says a federal appeals court in affirming a lower court’s ruling.    Read the article………………………..

Association can take steps to prevent deconversion by hostile takeover (IL)

Q. I live in a condominium association and the topic of condo deconversions is periodically discussed. We have rejected a couple of unsolicited purchase offers from real estate investors over the years and now I have just heard that some real estate investors are buying blocks of units to get a foothold into a condominium […]

Disclosers for prospective purchasers (IL)

I have been receiving a lot of inquiries about the disclosures required to be provided to prospective purchasers under Section 22.1(a) of the Illinois Condominium Property Act. Section 22.1 describes the information that the unit owner must obtain from the board for inspection by a prospective purchaser, upon demand, in the event of any resale […]

More questions arise on marijuana issues (IL)

Q. Given the new Illinois law that will legalize the recreational use of marijuana, can the board of our condominium prohibit smoking in the individual units by way of a rule adopted by the board?   Read the Q&A…………………..

Waukegan homeowners association president found not guilty of trespassing in confrontation over campaign signs (IL)

A 9th Ward homeowners association president charged with trespassing after a dispute over campaign signs was found not guilty by a Lake County judge Thursday.  The confrontation that led to charges against Marc Speziale, the president of The Fields of Cambridge Condominium Association, came in the midst of hotly contested aldermanic elections across Waukegan that […]

No sprinklers, fire alarms in ravaged Crystal Lake condo building (IL)

There were no fire-suppression sprinklers or fire alarms in a Crystal Lake condominium building gutted by a blaze early Wednesday morning, authorities said Thursday.  Crystal Lake Fire Rescue Department Deputy Chief Christopher Olsen confirmed the lack of sprinklers or alarms in the building at 540 Devonshire, in the city’s Coventry Club subdivision.   Read the article……………………..

Loop lawyer, condo owner alleges condo association’s attorneys defamed him (IL)

A lawyer who owns a Loop condominium and has been embroiled in legal spat with his condo association for years is now suing three fellow condo owners and the condo association’s attorneys, alleging they impugned his integrity by telling condo residents he was allegedly delaying a suit by the association against him through “frivolous” and […]

Should patio owners pay for decks? (IL)

Q. We are a common interest community association of more than 50 townhouse units. Last year the board approved a special assessment to cover the reserve shortfall for the replacement of all the wood decks of individual townhouse units. However, not every unit has a wood deck; some units have a patio instead. The association […]

Condo deconversion wave hits smaller buildings (IL)

Condominium “deconversions” are sweeping Chicago as more investors and small developers tap a profitable market. A survey by The Home Front revealed that more than 2,500 condo units in more than 20 existing condo buildings have been de-converted and rehabbed into rental apartments over the past three years.  Buyers include major landlords, out-of-state investors, and […]

Condo leasing bans often exclude relatives (IL)

Q. I own two homes in our association. One I occupy; the other is occupied by my mother. Management sent a letter to all owners that essentially states, based on an amendment to declaration, all units must be owner-occupied as of Jan. 1, 2020. Is this enforceable?   Read the Q&A………………………..

Can a unit owner see condo employee records? (IL)

Q. I am an owner in a condominium association. The association employs a maintenance person. I don’t think he does a very good job, and other owners have told me they have complained to management about the maintenance person’s performance. I requested a copy of information from this employee’s file regarding disciplinary actions taken by […]

Smoking can be prohibited in units (IL)

Q. I live in a condominium, and I am a cigarette smoker and occasional cigar smoker. The board of the association is circulating an amendment to the declaration that would prohibit smoking in units. I feel the board is trying to get me to move. Can the declaration really be amended to ban smoking in […]

Association staff’s access to unit is invasion of privacy, resident says (IL)

Q:  I am a unit owner in a high-rise condominium association that is professionally managed. I am concerned about the issue of the association’s engineer entering my unit when it is not an emergency situation. The property manager advised me that when management sends out a three-business-day notice for access to a unit to address […]

‘You Don’t Belong Here’: Logan Square Condo Building Hit With Anti-Gentrification Graffiti (IL)

Logan Square neighbors were shocked to find anti-gentrification graffiti scrawled on a new condo building on their block last week.  The building in the 1900 block of North Albany Avenue was spray-painted with the messages: “f— you,” “you don’t belong here” and “gentrification” sometime on Wednesday. The graffiti was removed Thursday.    Read the article……………………….

Percentage of owners, units is different (IL)

Q. I am hoping you can help me out, as I am pretty confused. Various provisions of our condominium declaration require some percentage of the owners to approve different matters. When the declaration requires approval of three-fourths of the owners, for example, does this mean the matter needs to be approved by owners of three-fourths […]

Self-management may be an unwise choice (IL)

Q. Our association has always been professionally managed, and the management company has done very good work. In an effort to reduce expenses, the board of directors wants to self-manage the association when the current management contract expires. Is this permitted?    Read the Q&A………………………..

Several Hurt When Chlorine Surges At Lincolnshire Condo Pool (IL)

The fire department in Lincolnshire says 14 people were taken to hospitals Thursday afternoon after a chlorine leak at a condo building swimming pool, with gas readings so high they blew out two meters.  It’s an outdoor pool, but the building nearby is where the chlorine leak occurred, at the Village Green Condos in Lincolnshire.  […]

Flags meant to support police torn down at Palatine condos (IL)

American-style flags with a blue stripe designed to support law enforcement are back up at a Palatine condominium complex near Lake-Cook Road, replacing the original batch of 14 that authorities say was ripped down during National Police Week.  Palatine police Cmdr. William Nord said an investigation into who caused the damage continues. An examination of […]

Are hearings for rules violations public? (IL)

Q. The board of our condominium association conducts rules violation hearings in an open session of board meetings. This permits all owners to attend and watch the hearing. I thought these rules violation hearings are supposed to be closed to owners. What is correct?   Read the Q&A……………………..