In 2021, the Illinois General Assembly did not make any amendments to the Illinois Common Interest Community Association Act and only made one significant change to the Illinois Condominium Property Act (the “Act”). Effective January 1, 2022, Read the entire article……………………………….
Don’t Let a Burst Pipe Burst Your Bubble (IL)
With Chicago weather at full force, it is inevitable that condominiums, townhome associations and homeowner associations will be confronted with burst pipes and the subsequent damage. As a means of preparation, please review the steps below so you can be ready for when a pipe bursts your bubble. Read the entire article……………………………….
Bills Affecting Community Associations in the 101st General Assembly – Updated January 25, 2022 (IL)
As January ends, the 2022 legislative session is now in full swing and moving quickly. The General Assembly intends to end session in early April because it is an election year. However, COVID continues to present difficulties for the General Assembly to meet and conduct business in-person, which has already resulted in the cancelation of […]
Chicago condo association can negotiate sale of condo building without prior approval of unit owners: IL appeals panel
Owners of units in a condominium on Chicago’s Magnificent Mile didn’t need to give formal approval before their association negotiated a possible sale of the building, according to a new ruling from a state appeals court. Read the entire article……………………………….
How Much Should Condo Associations Have in Reserves? (IL)
One of the most important indicators of building health is the state of the building’s reserves. Think of the reserves like the building’s savings account (as opposed to the operating fund, which is the checking account). The reserves ideally have all the funds for the building’s short to mid-term projects, and also sufficient funds to […]
Illinois Condominium Law Alert: New Implied Cause of Action a Warning to Condominium Owners, Directors, and Property Managers
Every condominium owner, director and property manager will be impacted by a recent Appellate Court decision in the case of Channon v. Westward Management, Inc. It gave every condominium seller the right to sue the property manager, as agent of a condominium association or board of directors, based on allegations that the property manager charged […]
Selective Enforcement of Restrictive Covenants
When the homeowners association in a housing development files a lawsuit seeking to enforce a restrictive covenant, it isn’t unusual for the defendants to feel they are being unfairly singled out for harsh treatment. They can often point to other situations where enforcement of the covenants has been lax. Read the entire article……………………………….
How Committees can help your board (IL)
From time to time, your Association’s Board of Directors may choose to form committees to help gather information. Advantage Management would like to help address some common questions about forming committees and their role. Committees, when formed and run properly, are very helpful to the Board members by taking some of the workload away from […]
How Preventive Maintenance Can Help Your Association (IL)
Preventive maintenance has always been an integral part of maintaining a property, but it has become even more critical in the new age of labor shortages. When your property manager suggests renewing or signing a contract for a vendor to provide preventive maintenance, your Board should seriously consider the option. Read the entire article……………………………….
How to Save Money Without Compromising Your Building Operations (IL)
One of the most important aspects of the work of a property management company is being smart with a building’s finances. When cutting building costs becomes necessary, the goal is always to reduce them with as little impact on building operations and on the residents’ needs as possible. When you find yourself in need to […]
9 Things That Should be on Your Community Association’s Winter Prep List (IL)
If you live in a state that has all four seasons, you know that each one brings unique beauty…and unique challenges. For example, in the Midwest, ice and frigid temperatures can cause ice dams and frozen pipes in condominium, homeowner (HOA), and townhome community associations. Read the entire article……………………………….
How to Increase HOA Dues and Handle Homeowner Concerns (IL)
To ensure that HOA expenses are covered for the year, it is almost always best practice for board members to increase homeowner assessment fees. Although this is rarely a popular decision, there are ways to communicate the news of an increase to residents with minimal friction. Here are some things to keep in mind. Read […]
The Collapse of the Champlain Towers and Hard Lessons Learned – Part II (IL)
After the tragic events that occurred in Surfside, Florida, it is important for Associations to understand the responsibility that they have in maintaining the structure of their condominium building. Cosmetic issues are often easy to spot, for example, a sagging ceiling, windows that stick or will not close completely and doors that jam or cannot […]
Maintenance and Safety in Community Associations (IL)
Board members have a duty to maintain and improve property values within their condominium, homeowner (HOA), and townhome associations. Read the entire article……………………………….
The Collapse of the Champlain Towers and Hard Lessons Learned (IL)
In the wake of the tragic collapse of the Champlain Towers in Surfside, Florida, last month, many Condominium Associations are questioning whether deferring maintenance on their property is still a safe option. Read the entire article……………………………….
In Case of Emergency: 5 Funding Factors in Community Association Finances
Underfunded community associations can be at risk of falling behind on much-needed repair, restoration, or replacement. Read the entire article……………………………….
Community Associations and Crisis Communication: 6 Best Practices (IL)
No one wants to have to deal with an emergency situation or natural disaster (ex. earthquake, flooding, tornado, wildfires) in their condominium, homeowner (HOA), or townhome association. But board members, community leaders, and property managers should be proactive in their preparation to handle a crisis. Read the entire article……………………………….
How to Handle Challenging Situations and Disputes in Your HOA Community
Life in a condo presents a unique living arrangement where sooner or later, conflicts and disputes are bound to arise. From noise, to children, pets, and parking, there are many things neighbors in HOA communities disagree on. When issues occur, remember that, as an HOA board member, patience and communication always prevail. By managing your […]
How Does Condo Insurance Actually Work? A Quick Guide
When you buy a condo, you own that property. But your condo is also inside a building whose common areas are jointly owned by all the owners in the building. This might leave you a bit confused about how homeowner’s insurance would work for your condo. In this condo insurance guide, we shall look at […]
Drones in Community Associations: Five Considerations (IL)
With companies such as Amazon, Google and UPS ramping up testing of drone delivery technology, it is certain that community associations will feel the impact of this new technology in the relatively near future. Read the entire article……………………………….
Restricting Rentals: Does it Make Sense for Your Association? (IL)
The answer to this question is nearly always a matter of debate because of the conflict of interest between owner-occupiers and investors. There are owners who think they should be able to manage their unit as they please, but their decision to rent their condo, and to whom, affects the rest of the building. Read […]
Five Ways to Ensure Effective Communication Between Board Members (IL)
Condominium, homeowner (HOA), townhome association board members are neighbors, volunteers, and members of their community. Since they must work together in order to manage association business, chemistry and communication among board members is critical. Read the entire article……………………………….
5 Common HOA Board Mistakes and How to Avoid Them (IL)
The HOA board of your building has a number of responsibilities: planning budgets, monitoring financial reports, updating insurance policies, and enforcing rules. There are times when all of this can become a challenge for the HOA, resulting in mistakes and problems in building operations. Read on to find out about five of the most common […]
A Green Approach to Community Association Building Maintenance and Repairs (IL)
Today there is lots of chatter about sustainability, green building issues, and reducing our personal carbon footprints. There is also lots of talk about stimulus money and tax credits. Does that mean homeowners associations and condominium boards should be approving the installation of roof-mounted solar panels or wind turbines? Or how about a program to […]
9th Cir. Holds Mortgage-Savings Clause Not Enough to Undo HOA’s Foreclosure Sale
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant homeowners association in an action brought by the plaintiff mortgagee seeking to set aside the foreclosure sale of real property in Nevada. Read the entire article……………………………….
6 Ways to Communicate Within Your Community Association
Good communication is a fundamental part of operating any kind of organization. But what makes communication “good?” Whether you are planning to communicate with other board members or reach out to every resident in the community, your communication strategy should: Read the entire article……………………………….
Guiding Principles for Community Association Governing Documents (IL)
The purpose of these guidelines is to assist the drafter of community association documents. Although these guidelines deal with drafting documents for new associations, they can be useful when considering amending or restating existing governing documents. The guidelines do not address every issue to be included nor can they be applied without a clear understanding […]
Community Associations and Property Tax Appeals: 7 Things You Should Know
As an Illinois property owner, it’s unlikely you have remained unaffected by the current state of property taxes. However, unlike other costs involved with owning property (like mortgage payments or utility bills), tax assessments can and should be appealed. Read the article…………………………………..
How to Deal with Ice Damming Issues. A Community Association Primer for Board Members and Property Managers (IL)
Old Man Winter of 2020-2021 has hit Chicago area Condo, Townhome and HOA associations mercilessly. In some cases, the large amount of snow fall has affected outdoor parking issues as well as access in and out of outdoor parking lots. In other cases, the severe winter has caused significant ice damming that has resulted in […]
The Perfect Storm: 2021 Property Taxes and Chicago Community Associations (IL)
Due to the impact of the COVID-19 pandemic, there have been massive declines in state sales tax and local income tax revenues. In order to restore operating budgets, states are looking to property taxes to close the gaps. Illinois is no exception. Read the article……………………………….
Short-term Rentals in a Pandemic: 5 Impacts on Community Associations (IL)
The popularity of Airbnb, Homeaway, and VRBO have made short-term rentals a topic of discussion among condominium, homeowner (HOA), and townhome community associations. By conveniently bringing owners and prospective guests together through websites and apps, these online services can convert a condo or home into a revenue-making rental property with very little effort. Read the […]
Top 10 Reasons to Serve on the Board of Directors: A Primer for Homeowners, Board Members and Property Managers (IL)
Over the last 20 years, community association living has exploded across the United States. In Illinois alone, there are more than 25,000 associations. Homeowners have bought into associations with the hope that the experience will be less demanding than owning a single-family home and more enjoyable since there are other homeowners living closely together within […]
2020 Illinois Community Association Case Law Summaries
Several changes in 2020 Illinois case law have impacted the management of condominium, homeowner (HOA), and townhome community associations. Below is an amended summary our law firm has compiled with implications of these legal updates. Read the article…………………………………
Chicago Snow Removal Law: What Landlords and Property Managers Need to Know
As Chicago moves into the winter months, landlords and property managers are faced with the challenge of ice and snow removal. This article will provide an overview of the Chicago Snow Removal law and how it affects apartments buildings, condominium buildings, rental properties, and businesses. Read the article……………………………
Column: In an extraordinary letter, Chicago’s Newberry Library delves into its own past support of racially restrictive covenants (IL)
Race and real-estate are inextricably linked in Chicago. So when the august Newberry Library opened a 2016 exhibition entitled “Civil War to Civil Rights: African American Chicago in the Newberry Collection,” the artifacts on display included a sample of a racially restrictive covenant. What the Newberry Library did not emphasize, though, during that 2016 exhibition, […]
Emotional Support Animals in Community Associations: Complying with Federal & State Laws (IL)
When it comes to emotional support animals, things can become confusing very quickly for condominium, homeowner (HOA), and townhome associations. There are differences between an emotional support animal, a service animal, and a therapy animal. An emotional support animal provides comfort for people with a disability or medical condition. These animals are most oftentimes dogs […]
Competing Needs: Balancing Emotional Support Dog Requests and Resident Allergy and Anxiety Issues (IL)
Emotional support dogs (“Assistance Animals”) in “no-dog” buildings continue to raise sticky legal issues for community association boards and managers. As you will recall, the Illinois Assistance Animal Integrity Act (or “Act,” full text linked here) became effective on January 1, 2020. The Act mandates that if a community association receives an accommodation request for […]
Important Fair Housing Laws That You Should Know (IL)
Managing a property or community association is complicated. There are so many rules and regulations that you need to be aware of and it’s hard to keep track of them all. Fair housing laws are diverse like the populations they aim to protect. We often assist property managers, realtors, landlords and community associations (condo, HOA […]
Handling Harassment – When Trash Talk Turns to Transgression (IL)
Whether you live in a super-luxe Park Avenue co-op in New York City, a waterfront condo on Lakeshore Drive, a sprawling HOA in Nevada, or a multifamily community in Miami, one thing is certain: you have neighbors. Hopefully they’re the people you grill with on a summer afternoon; the providers of a spare cup of […]
Political Signs & Community Associations: 7 Things You Should Know (IL)
During election season, board members and property managers are likely to notice political lawn signs popping up in and around their association along with political signs being displayed in windows and balconies. Association leadership should communicate to the owners that the goal is not to restrict the freedom to express political views. Rather, the association […]
Don’t Forget About City of Chicago Mandated Building Inspections, They Are Not Only Limited to Facade Inspections (IL)
It’s that time of year when City of Chicago facade inspections are coming due. Chicago’s Rules Regarding the Maintenance of High-Rise Exterior Walls and Enclosures require one of two forms of facade inspection reports be filed for any building in the City of Chicago that is taller than 80 feet. Even if just a portion […]
Pests and Infestations: Eight Considerations for Community Associations (IL)
As temperatures change, community associations often see an increase in the number of pest-related complaints. Determining the best way to deal with bed bugs, rodents, termites, and other pest complaints can be a challenge for board members and property managers who must juggle a variety of competing interests in order to best serve their communities. […]
Eviction Moratoriums: What’s on the Horizon for the Collection of Assessments for Condominiums and Homeowner Associations (IL)
The COVID-19 pandemic has had a devastating effect on our State. The ramifications of the pandemic has no doubt extended far and affected many. Illinois Governor Pritzker has passed two Executive Orders that essentially stay all eviction proceedings. Specifically, Executive Order 2020-10 halted the enforcement of residential evictions. Under this Executive Order, landlords were unable […]
10 Best Practices for Virtual Meetings in Community Associations
Virtual meetings have recently become an extremely popular and necessary topic of discussion within condominium, homeowner, and townhome community associations. Because in-person board meetings are such familiar territory, breaking with tradition and holding a virtual meeting will require advance preparation. To effectively and efficiently address community business, meeting facilitators must be organized and participants (board […]
Four Benefits of Virtual Meetings in Community Associations (IL)
Condominium, homeowners, and townhome community associations typically schedule in-person meetings to address association business. However, board members and property managers have begun utilizing tele-conferencing technology to conduct virtual meetings. Read the article……………………………
9th Cir. Holds Quiet Title Claims By GSEs Subject to 6-Year HERA Statute of Limitations
The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a “contract” claim with a six-year statute of limitations, and not a “tort” claim subject to a three-year […]
Top 10 Reasons Why Homeowners Should Attend Board Meetings. A Primer for Board Members and Homeowners
Are you a homeowner and are you part of a condo association, townhome association or HOA? What is your desired community living experience given that you are part of an association? Are you looking to maximize your living experience within the community or are you simply satisfied with homeownership and are not looking to get […]
Real estate — condominium fees (IL)
Where a condominium buyer is liable for attorney fees incurred by the condominium association arising out of default by the previous unit owner, they remain liable for their share of the total fees incurred even if the majority of the fee was not paid by the association. Read the article……………………………….