For most community associations, cooler weather signals the start of budget season. It’s the time of year when boards and finance committees hammer out the next year’s expenses and income. Read more……..
When do HOA assessments become your responsibility? (IL)
A recent Illinois Appellate Court decision has brought to the forefront the ongoing dispute between foreclosure sale purchasers—usually mortgagees—and homeowners associations (HOAs) regarding the extent to which purchasers are responsible for HOA assessments. In a potentially significant ruling, the Appellate Court held that an Illinois foreclosure purchaser’s failure to pay assessments that come due after […]
Old Cases Ring True: A Review of Wolinsky v. Kadison and Breach of Fiduciary Duty Claims
As boards and managers take in the Palm II opinion and digest its consequences, we want to provide a few case briefs on existing condominium and homeowners cases that describe core legal concepts in the field. One case is Wolinsky v. Kadison, 987 N.E. 2d 971 (Ill. 1st Dist. 2013), a 2013 decision in a […]
Illinois Legislative Roundup 2014
A quote often attributed to the Prussian statesman Otto von Bismarck in the mid-1800s says something to the effect that laws are like sausages—it’s better not to see either of them being made. It’s a clever quip, and it’s not entirely inaccurate, but the truth is that if you serve on the board of your […]
Avoiding Lawsuits: Dealing with Friends, Foes and Finances
Parking issues, noisy complaints, pet problems and rental restrictions are the most popular causes of conflicts between residents, the pros say. Read more……..
What You’re Getting Into: Vetting Contracts Before You Sign
Few things can raise one’s blood pressure like signing a big contract. That can be especially true for board members or managers signing sometimes mammoth contracts on behalf of a co-op or condo association, obligating their neighbors, friends and themselves to page after page of fine print. Read more………..
Avoiding Legal Blunders as a Volunteer Board Member
Much like corporations and charity organizations, condos, co-ops and HOAs across the nation are helmed by groups of residents who volunteer to serve their communities, and who are elected to their post by their neighbors. This is of course the case across Chicagoland, where talented individuals of every description regularly volunteer for board positions in […]
Understanding reserve and operating accounts
Well-run community associations keep two pots of money. One is the operating account, used for the day-to-day costs of running the association and maintaining the property. The other is the reserve account, which is earmarked for the repair and replacement of big-ticket common elements. Read more………
Why one suburban development soared, and the other staggered (IL)
Two decades ago, the Chicago area collected a pair of peace dividends from the detritus of the Cold War: vast tracts of land beneath what had been the Glenview Naval Air Station and the U.S. Army’s Fort Sheridan. At the time, officials in the north suburbs described the decommissioned bases as places where civilian developments […]
Fact book an eye-opener on community associations
A community association is a popular lifestyle choice for many people, but it has been difficult to determine just how many — until now. A new body of research, the “Community Association Fact Book,” tallies the numbers of associations, housing units, residents and property values for the country and each state. It was published by […]
Know what to look for when dealing with contractors
Community associations hire dozens of contractors to perform myriad maintenance and administrative tasks. Some are major undertakings, like replacing roofs and decks. Others are smaller, like auditing the books or shampooing carpets. Read more………
Term limits for board members have pros, cons
Longtime board members can be a strong asset to a community association. They often are well-versed in the property’s daily operations, policies, procedures, finances and building construction. They may know many, if not all, the residents by name and unit number, and perhaps even their pets. Read more…….
Illinois legislature may restrict arbitration as option for resolving condo association-developer disputes
Commonly used, cost-effective measures for resolving disputes between Illinois condominium developers and association boards may soon be declared void as against public policy. Two bills with similar language currently under consideration by the Illinois legislature will make significant changes to the Illinois Condominium Property Act (“the Act”) with costly implications for developers and other construction […]
Appellate Court of Illinois Provides Guidance On Condo Board Operations & Owners’ Rights
The Appellate Court of Illinois, First District, has recently ruled in the case known as Palm vs. 2800 Lake Shore Drive Condominium Association that meetings held by the Board of Directors of a condominium association, which were closed to unit owners, were a violation of the Illinois Condominium Property Act. Read more……..
Creating sound policies for owners with disabilities
Asked for accommodations by owners who claim disabilities, community associations often respond in one of two ways: They take a hard line and deny all requests, or they always say yes for fear of lawsuits. Read more………
Illinois Supreme Court Reaffirms Forcible Entry Remedy, Reversing in Spanish Court Two Condominium
One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the controversial decision of the Appellate Court’s Second District in Spanish Court Two Condominium Association v. Carlson. Our detailed summary […]
Keeping damage to a minimum after pipes burst
The winter’s arctic cold and the inevitable spring thaw are stressing many plumbing pipes past their breaking points. The ordeal is more complicated when the break occurs in a condominium or town home than it is in a single-family home. That’s because multiple owners and insurers, each with varying interests, usually are involved. Read […]
Glens of Hanover Condominium Association v. Carbide (IL)
Defendant, Imtiaz Carbide, appeals from an order of the circuit court of Du Page County ruling that it was without jurisdiction to decide defendant’s motion for a turnover of possession of a condominium unit and rents. We affirm. Read more………
Condominium Association Handicap Parking Lawsuit (IL)
In a recent Illinois court case, a renter sued a community association claiming that the unavailability of handicap-accessible parking violated the Fair Housing Act (“FHA”). The property consisted of a 40-story building with 342 parking spaces, seven of which were handicap accessible. However, the association sold the handicapped-accessible parking spaces to non-disabled persons and the […]
Pembrook Condominium Assn. One v. North Shore Trust and Savings (Foreclosure of lien) (IL)
Plaintiff, Pembrook Condominium Association–One, appeals a judgment granting in part the motion of defendant North Shore Trust & Savings (North Shore) to dismiss plaintiff’s complaint (see 735 ILCS 5/2–619(a)(9) (West 2012)) in forcible entry and detainer (see 735 ILCS 5/9–101 et seq. (West 2012)). The complaint sought possession of a condominium unit and the collection […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
Chicago COA’s City Trash Rebate
The City of Chicago has been reimbursing condo owners $75.00 every year since 1985, due to the fact that their city haulers are unable to retrieve trash from condominium buildings. Thus causing condominiums to hire their own waste haulers. Now, this wouldn’t be such a big deal, but the city trash fees are incorporated into […]
Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision
May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority of jurisdictions around the country, the answer is simple: No. Last summer, in what the […]
Boards can take the surprise out of special assessments
Suppose the decks at your community association are badly deteriorating. The board hires an engineer, who advises total replacement within a couple of years. Not all the owners have decks, but those who do will be assessed about $4,000 each. The board wonders: When should it tell the deck owners a special assessment is coming? […]
Illinois Supreme Court: Chicago ordinance allowing unit owners to see records is valid
The primary issue in this appeal is whether a City of Chicago ordinance allowing condominium unit owners to inspect condominium association financial books and records is a valid exercise of the City’s home rule power. We affirm the appellate court’s holding that the City’s ordinance is valid and enforceable. We also affirm the appellate court’s decision that the trial court […]
Court Says HOA Can Issue Speeding Tickets; What’s Next, Undercover Ops?
The Illinois Supreme Court held in January that an HOA’s hired security officer could stop and issue a valid speeding ticket againsta home owner. Here, we explain the court’s decision in Poris v. Lake Holiday Property Owners Association and whether the court’s reasoning would likely be upheld in other states. Read More……
State Supreme Court holds key to condo assessment case
When Lisa Carlson stopped paying her condominium assessments nearly four years ago, she never expected that her legal battle over a leaky roof, bulging drywall and cracked ceilings would wind up before the state Supreme Court. An appeals court paved the way, ruling that Carlson, of Highland Park, could use her condo board’s alleged failure […]
All HOA and Eviction Lawyers Should Read This Case
One of the more powerful and least understood provisions of the Forcible Entry and Detainer statute allows condo associations and certain other community interest associations to evict homeowners from their units for the non-payment of assessments. The association can then place a tenant into the unit and can apply the rental proceeds to the homeowner’s […]
Overcoming culture clash among diverse residents
Immigrant groups account for about sixty percent of U.S. population growth. This is immediately evident in community associations throughout the Chicago area. Recent immigrants frequently settle in areas with persons of like background, and are often drawn to the benefits of community association living. However, the task of building new lives, working and raising families […]
Illinois Supreme Court rules subdivision police can detain drivers
The homeowners associations responsible for managing subdivisions across the state have the power to enforce their own traffic rules through a private security force, the Illinois Supreme Court ruled Friday, overturning a lower-court ruling that found they could be unlawful. Read More……
Spanish Court Two Condominium Association v. Carlson (IL Appellate Court 2nd Dist)
May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority of jurisdictions around the country, the answer is simple: No. Last summer, in what the […]
Know your state law to better assess risk
The recent Illinois case 1324 W. Pratt Condominium Association v. Platt Construction Group, Inc. reminds contractors to be mindful of state policy considerations which may affect their risk assessments when constructing condominiums or high profile projects. Read More……
IL: Amendments to Common Interest Community Assn Act (HOA/POA)
Amendments to Common Interest Community Assn Act (non-condo’s) signed into law August 2012 Read More……
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]