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 […]
Admiral Indemnity Company claims that it does not have duty to defend or indemnify condo association (IL)
company is suing River City Condominium Association; Michael Pyrchalla, owner of a condominium; and board members Donald Moore, Joe Sica, Ryan Palider, Micheline Magharious and Mark Mitrev for alleged breach of contract. Admiral Indemnity Company filed a complaint on March 15 in Cook County Circuit Court, alleging it has no duty to defend or indemnify […]
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…………………
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, […]
Felons are not protected against housing discrimination (IL)
Q. Can a condominium board deny a felon from buying a unit? Isn’t that discrimination? A. A condominium board generally does not have a right to prohibit a person from purchasing a unit. However, if an association’s governing documents provide a right of first refusal, the board could implement the process to purchase the unit […]
Subdivision named Special Service Area (IL)
The Village of Glen Carbon will create a special service area in the Cottonwood Village V subdivision to help pay for street maintenance. At the last regular meeting of the Village Board, Village Administrator Jamie Bowden told trustees that representatives from the subdivision’s homeowners association had approached the village regarding street maintenance. Read the article……………
Rule requires shoveling of snow from balconies (IL)
Q. The board of our condominium association is dealing with problems associated with snow on the limited common element balconies that serve the individual condominium units. The snow causes the drains on the balconies to become clogged with snow and ice. As a result, the melting snow on the balconies has leaked into the building […]
Royal Pines seeks to dismiss tenant’s suit alleging failure to repair damages (IL)
A condominium seeks to dismiss a tenant’s lawsuit alleging the association failed to make repairs to her unit for more than five years. Denise Edwards filed the suit on Oct. 6 against Royal Pines Condominium Association. In her complaint, Edwards alleges an earthquake occurred in Illinois on April 18, 2008, causing damage to the foundation […]
Residents object to rentals at River’s Edge in Vernon Hills (IL)
A developer’s plan for the second part of a residential development in Vernon Hills has drawn opposition from current homeowners who don’t want to see rental units added to the community. Read the article…………….
Cumulative or non-cumulative voting (IL)
Q. What is the difference between noncumulative voting and cumulative voting in an election for members to the board of an association? Read the Q&A………………
Shortfall often made up in next budget (IL)
Q. It looks like our condominium association will end the year with an operating account deficit. What can the board do to make up this shortfall? Read the Q&A……………..
Unit owners can’t use records for solicitations (IL)
Q. I recently read about a change in Section 19 of the Condominium Property Act concerning books and records of an association. I understand owners will no longer have to state a “proper purpose” to examine and inspect certain books and records of the association. Can you describe what books and records requests this will […]
Triumver 600 Naples Court Condominium Association, others accused of defamation (IL)
Two people are suing Triumver 600 Naples Court Condominium Association, Jason Neuberger, Margaret Hock, Thomas Byrne, Michelle Rose, Tracy Hoban and Juele Blankenburg for alleged breach of duty and defamation. Matthew Thai and Tuyetha Dinh filed a complaint on Aug. 31 in Cook County Circuit Court, alleging the defendants harassed and discriminated against unit owners. […]
Most board decisions should come at meetings
Q. I am a board member for a condominium association. Our property manager repeatedly emails board members for requests to vote on proposals received in between open meetings. These proposals are not for emergency situations. I have expressed my concern that this is in violation of the condominium laws, and I will only vote outside […]
Only an owner can serve on a condominium board
Q. The board of our condominium association was under the mistaken belief that one of the candidates for election to the board was an owner. That person was elected to the board. It now turns out that the spouse of the person elected to the board is the actual unit owner, and the person who […]
Elgin condo board sues developer, claiming shoddy work, hidden defects (IL)
The association of a prominent redevelopment project in downtown Elgin has sued the original developer, construction firm and bank, arguing that they purposefully hid defects in construction work until the Fountain Square Condominium Association took possession of the property. The association’s lawsuit argues RSC-Elgin LLC, Novak Construction and agents of First American Bank breached their […]
When do budgeted increases require owner vote
Q. I have a question about Section 1-45(c) of the Common Interest Community Association Act. It states: “If an adopted budget or any separate assessment adopted by the board would result in the sum of all regular and separate assessments payable in the current fiscal year exceeding 115 percent of the sum of all regular […]
Assessment for sidewalk work required owner vote
Q. Our condominium property does not include many sidewalks. The board would like to install additional sidewalks this year; however, this is not a budgeted expenditure. The board levied a special assessment to pay for the additional sidewalks. Was unit owner approval required? Read the article……………….
Assessment for sidewalk work required owner vote
Q. Our condominium property does not include many sidewalks. The board would like to install additional sidewalks this year; however, this is not a budgeted expenditure. The board levied a special assessment to pay for the additional sidewalks. Was unit owner approval required? Read the Q&A…………….
Unit owners deck project requires vote
Q. A unit owner in our condominium association has requested permission from the board to expand the size of the deck serving his unit. This deck, along with the decks serving other units, was built by the developer. It is located on the common elements. Can the board approve this request? Read the Q&A………….
Owners’ approval not needed on certain expenditures
Q. Our declaration states that the board can approve certain expenditures without owner approval. Our five-person board approved a large expense that did not require owner approval. Upon further thinking, four of the board members want to negate that board vote and put the matter to a vote of the owners. The fifth board member […]
Owner can be charged for lost key
Q. I lost the key to the common element cluster mailbox in my condominium association. I was advised that I must replace the mailbox lock. Is the association or owner responsible for this? Shouldn’t I just have to pay for a new key? Read the Q&A……………
How to cancel a board meeting
Q. Can you please inform me of the notification requirement for canceling a regularly scheduled condominium board meeting? Do we have to send out a mailing notice? Read the Q&A…………..
Condominium property act revamp could give owners needed support (IL)
Condominium owners and families residing in homeowner associations who are battling disputes and struggling for financial clarity received a major shot of support from the Illinois Legislature with the recent passage of two important bills. Read the article…………..
Don’t open ballot box before board meeting
Q. Our association utilizes mail-in ballots for elections to the board. The association’s accounting firm (which also tallies our election results) opened the ballot box before last year’s election with only their personnel present in order to ensure a quorum before the annual meeting. Shouldn’t that ballot box be sealed until, and only opened at, […]
3 Men Hospitalized From Elevated Levels Of Carbon Monoxide
A near West Side mid-rise condo building was evacuated and three people were hospitalized after running a gas powered engine indoors. The Fire Department found elevated levels of carbon monoxide in the condo building, located at the corner of Adams and Racine, and higher levels in the parking garage, where three workers were using a […]
Battle Over Pesticide Spraying Heads to Court (IL)
A man with an autoimmune disorder claims his condition worsened after his homeowner’s association refused to stop spraying dangerous pesticides and threatened to increase spraying near his condominium. An anonymous plaintiff sued Rob Roy Country Club Village Association, its board of directors and Rowell Property Management Inc. in Chicago federal court on Wednesday, alleging negligence, […]
Water Tower condo owners sue over flooring (IL)
A contractor who’s the subject of a lawsuit over plumbing lines in a rehab in Water Tower is also under fire for flooring in another unit in the building. In a lawsuit, Ian and Patricia Frost, who own a unit on the 54th floor, claim Centaur Interiors used flooring that does not provide the level […]
City to spend more to fix garage access system (IL)
Unhappy Sherman Plaza condo owners persuaded aldermen Monday to spend $140,000 to replace a new access control system for their section of the development’s garage. Hank Goldman, president of the condo association, says the license plate reader technology used in the new system isn’t working properly, forcing some owners to get out of their cars […]
Settlers Ridge Subdivision Homeowners Association ‘Thrilled’ Annextion Agreement is Near an End
The homeowners of the Settlers Ridge housing development on the east side of Sugar Grove are excited about the conclusion of the annexation agreement amendment coming up on Tuesday. Suzan Smith, President of the Homeowners Association for Settlers Ridge, expressed her thoughts following this week’s Sugar Grove meeting about the closure of this 10-year long […]
Condo lawsuit ruling appealed to Illinois Supreme Court
The plaintiffs in a lawsuit to stop a downtown Clarendon Hills condominium development want to take their case to the Illinois Supreme Court. Residents Sue Hanlon and Phil Altvater filed an appeal Oct. 5 asking the state’s high court to hear the case, after an Appellate Court in September affirmed a 2015 DuPage County Circuit […]
Former condo lawyer out on bond in cold case murder indictment
In 1983, Rudd co-wrote amendments to the Illinois Condominium Property Act. At one time, Rudd had a law firm in Schaumburg with, he has said, more than 2,000 clients, mostly homeowner associations, but in 1994 he voluntarily changed the status of his Illinois law license to inactive after four complaints were filed against him with […]
Insurance dispute at trial in Judge Crowder’s courtroom (IL)
According to the complaint, a fire severely damaged the condominium structure on June 20, 2012. At the time of the fire, insurance policies covering the loss had been previously issued by the defendants and were allegedly in full force. The plaintiffs seek a determination of the rights of the association and individual unit owners under […]
Local 22 appeals dismissal of lawsuit over condo association’s scaffolds (IL)
A River North bar still blames a condominium association’s construction scaffolds for making its sidewalk café unusable during lucrative summer months last year, and will appeal the dismissal of its lawsuit against the association. Read the article…………
What Bill H.R. 3700 could mean for condo owners (IL)
David Hochberg joined the show today to discuss the passing of the Bill H.R. 3700. Hochberg explains how the bipartisan bill will aim to make it easier for clients to access financing for condominiums. Listen to interview……….
Condo building evacuated ‘inadvertently’ during small fire (IL)
For the second time in the past year, Chicago firefighters have apparently used a building’s voice communication system incorrectly. Last February, residents of Marina City heard no announcements during a small but smoky fire. On Sunday, they heard announcements all right, but were mistakenly told to evacuate. Read the article………..
‘Substantial’ bond recommended for condo lawyer accused of murder
Donnie Rudd, accused of killing his wife, Noreen, 42 years ago, is scheduled to appear for a bond hearing on Thursday afternoon, according to Cook County State’s Attorney spokesperson Tandra Simonton. The 75-year-old Rudd is charged with murder. The minimum sentence, if found guilty, is 14 years in prison. If he is able to post […]
Condo law co-author arrested for 1973 murder (IL)
He helped craft laws on which hundreds of condominium associations in Illinois are based but he is also a suspect in two murders. On Monday afternoon, Dr. Donnie Rudd, age 75, will be in a courtroom in Rolling Meadows, northwest of the Loop, for his first hearing since being extradited from Texas. Read the article………
Paying first assessment extinguishes any unpaid of foreclosed condo unit, state court rules (IL)
A foreclosure does not necessarily erase unpaid condominium association assessments, the Illinois Supreme Court has ruled, but all a new owner has to do is start paying new assessments on the unit. Read the article……….
Board’s landscaping authority extends to infected ash trees
Q: I live in a townhome association that had 224 ash trees until recently. Since 2007, the association had been treating our ash trees yearly due to the emerald ash borer epidemic. However, the board decided to no longer treat the trees yearly and retained a contractor to cut them all down. This has adversely […]
Condo Owners and Renters Can Have Their Meat and Cook It, Too (IL)
Just in time for the Fourth of July, the Oak Lawn Village Board is poised to vote on a local ordinance that will clear the decks for landlords and condominium associations to permit grilling on exterior balconies of condominium, apartment and townhome buildings. Read the article……..
Board not legally bound to negotiate sale of building
Q: Our large condominium building is in a prime location, and the board of directors recently received an unsolicited offer from a developer to buy the entire building at a slight premium over market value. Is the board the appropriate party to negotiate the sale of the building, and what obligation does the board have […]
Committee appointments belong to association board
Q. We are an association of townhouses. Our association documents state, under the committee section, that the board shall appoint committees, that each committee shall have a board member serve on the committee, and that all committee members shall serve at the pleasure of the board. Read more………..
Towering inferno of excuses
Despite warnings that the city wouldn’t extend the deadline further, 455 high-rises failed to complete the fire safety improvements by Jan. 1. That astonishing number again: 455. More than 6 in 10 buildings still aren’t up to code. The owners have dawdled for 10 years. Read more………
New High-rise Fire Safety Law Goes Into Effect Jan. 1 (IL)
A new law is set to go into effect impacting hundreds of high-rise residences in Chicago, and many of those buildings are still not compliant. As a result, the condo associations could be headed to court. Read more……….
Gov. Quinn Signs Off On New Condo Legislation
Governor Pat Quinn signs a new law that will help protect condominium owners across the state. The bill creates a position within The Illinois Department of Financial and Professional Regulation to help resolve disputes and to educate condo owners. Read more…… Condominium and Common Interest Community Ombudsperson Act (PDF version of law)
Boards weigh several factors in deciding hardship exemption
Q: I live in a condominium association and our declaration and bylaws were amended to restrict leasing to a certain percentage of units in the association. The number of units allowed to be leased has been reached, but there is a hardship exception to the leasing restrictions. How should a hardship exception be applied by […]
Bill headed to Quinn would bolster condo owners’ rights
Its taken years of work and negotiation but a bill headed to Gov. Pat Quinn’s desk attempts to mollify what can be an acrimonious relationship between condominium owners and their building associations and boards. Read more……..