In a world left reeling from the impact of the novel coronavirus pandemic, students have finished their academic semesters, even their graduate-school educations, via video-conferencing. Individuals suffering from chronic diseases are being treated via remote consultations with their physicians to avoid the dangers of possible coronavirus exposure at hospitals. Read the article…………………………….
How the Coronavirus Pandemic has Redefined Community Association Living (IL)
Originally conceived as a new housing form in Puerto Rico, community living took shape in Chicago in the early 1960’s by way of the passage of the Illinois Condominium Act in 1963. The concept offered home buyers a less expensive alternative to buying a single family home and promised fewer headaches and issues related to […]
3 Tips on Avoiding Mold in High-Risk Areas of Your Condo (IL)
If you’ve ever seen the ominous black substance on your walls or ceiling, you were probably pretty grossed out. These days, more research is coming out too on the long term negative effects of mold on human health. Mold basically needs an environment that stays moist to thrive. It’s easy to take some steps to […]
Communicate, and Then Over Communicate (IL)
A few years ago, I was on the phone with a homeowner. He was irate with how his community’s money was being spent. He was unhappy with the budget increase. It was a call I took regularly from any one of my homeowners (and more often than not, a hundred of my homeowners). Whenever the […]
Dealing With Challenging Neighbors
Neighborliness is a quality that has come naturally to people for millennia. It doesn’t take a lot to be a good neighbor, but being a good neighbor can have dramatic effects on the building’s community. With that being said, not all neighbors are perfect, and it’s possible we ourselves occasionally leave something to be desired. […]
Fair Debt Collection Practices Act — debt qualification (IL)
Where a demand for attorney fees that arose from plaintiff’s actions as a board member of a condominium association did not qualify as a debt under the Fair Debt Collection Practices Act. Read the article………………………………
Almost 6 years After Palm II and Some Boards Are Still Not Following the Law! (IL)
It’s been a while since the infamous Palm II case came down and caused chaos in the Illinois association world. Because it’s been a couple of years, and as we have encountered situations where board members seem to have become lax on following corporate formalities or careful about meeting with other board members outside of […]
Electric Car Charging Stations in Community Associations: Five Things to Consider (IL)
It’s becoming more common to find yourself next to a Chevy Volt, Nissan Leaf, or Tesla Model S in traffic…and perhaps in the parking lot of your condominium, homeowner, or townhome association. Various reports indicate that the sales of electric vehicles will continue to grow. However, the feasibility of supplying the growing number of electric […]
Communities, Cars, and Cameras: Automated License Plate Readers in Associations (IL)
Condominium, homeowner, and townhome associations have traditionally relied upon security gates as the sole means of controlling vehicular access to their communities. While a gatehouse that is staffed 24/7 may provide residents with a sense of security and grandeur, the relatively low cost, efficiency, reliability and increased capabilities associated with implementing new Automated License Plate […]
What Your Community Association Needs to Know About the Legalization of Recreational Marijuana in Illinois
Governor Pritzker has signed legislation known as the Cannabis Regulation and Tax Act and the Cannabis Control Act. As a result of such action, on January 1, 2020, Illinois joined the limited number of states that have legalized the recreational use of Marijuana. Importantly, this legislation also amends the Illinois Condominium Property Act (“ICPA”). The […]
Snow Removal in Your Association (IL)
Frigid temperatures. Ice scrapers. Salt bags. Snow plows. These are some of the words that come to mind when you think of “Old Man Winter”. According to the 2020 Farmer’s Almanac, Chicago is anticipating an above-normal perception in the form of snow and rain. And with winter weather comes the task of finding the right […]
Removing a Condominium Owner: A Complex Legal Process (IL)
Removing a disruptive, abusive, non-paying, or otherwise problematic tenant from a rental building is relatively easy. Doing the same thing in a co-op is also possible, though substantially harder. But removing a condo owner from the premises (and effectively wiping out his or her equity position as a member of the condominium association) is very […]
How to Hire the RIGHT Community Management Company. A Primer for Condo, Townhome and HOA Board Members (IL)
Welcome to the Board Member’s Guide to Hiring the Right community property management company. Whether you live in a condo association, townhome association or Homeowners Association, it is critical that you have the right management company with the right qualifications and credentials to properly manage your association. Read the article…………………………….
Is Your Association Set for a Financially Successful Year? (IL)
Many condominium and common-interest community associations are faced with a cash-crunch crisis when members fall behind in the payment of their proportionate share of assessments and common expenses. Associations are businesses, even if not-for-profit, that needs revenue to operate. Thus, it is imperative that Associations remain financially viable by collecting assessments. Read the article…………………………..
3 Steps to Identify Responsibility for Burst Pipes and Property Damage in an Association (IL)
With the upcoming winter weather, it’s inevitable that condominium, homeowner, and townhome associations will have to deal with pipe bursts, leaks, and the resulting property damage. Below are three initial steps board members and property managers can take to determine who is responsible for repairs, unit damages, and/or damage to common areas. Read the […]
Illinois Appellate Court finds Building Contractor is Without Legal Capacity to Bring Counterclaims 3 1/2 years after Dissolution (IL)
The Illinois Limited Liability Company Act (Act) permits an LLC to continue after dissolution solely to wind up its business, and only for a reasonable time. In Sienna Court Condominium Assoc. v. Champion Aluminum Corp., 2017 IL App. (1st) 143364, the Illinois First District Appellate Court determined that the “reasonable time” limitation applied to the […]
3 Tips for Festive, but Manageable Holiday Decorations (IL)
While condominium, townhome, and homeowner association residents are free to decorate the interior of their home as they please, many associations have adopted formal decorating policies for association common elements (ex. hallways, patios, lobbies, and lawns). Read the article………………………….
4 Questions Association Board Members Should Ask in a Hoarding Situation
It is important to be able to identify a hoarding situation in the event one is present within your Association. Hoarding is defined by Merriam-Webster Dictionary as “the compulsion to continually accumulate a variety of items that are often considered useless accompanied by an inability to discard the items without great distress”. Hoarding goes beyond […]
The True (HIGH) Cost of Hiring a Low-Cost Condo Management Company Revealed
If you live in a community association, the board meeting that tends to attract the greatest number of homeowners (second only to a board meeting to approve a special assessment) is the budget approval meeting. Why is that? It is because at these meetings, the board usually plans on approving a budget that includes higher […]
Best Practices in Association Document Retention (IL)
Governance of a condominium, townhome, or homeowners’ association requires a great deal of documentation. Budgets, meeting minutes, owner information, voting records, and insurance policies represent a small sample of the records that a board of directors must maintain and archive. Moreover, factors such as board turnover, unit owner issues, and liability highlight the importance of […]
Best Practices in Association Document Retention
Governance of a condominium, townhome, or homeowners’ association requires a great deal of documentation. Budgets, meeting minutes, owner information, voting records, and insurance policies represent a small sample of the records that a board of directors must maintain and archive. Moreover, factors such as board turnover, unit owner issues, and liability highlight the importance of […]
10 Things Your Community Association Needs to Know About Chicago’s Sanitation Code (IL)
The City of Chicago is a world-class city. For those who have traveled to other major cities, it won’t come as a surprise that Chicago is also a very clean city due in part to the City’s strict enforcement of its Sanitation Code. Read the article………………………..
Condo Association Budget Season Tips: How to Cut Costs and Increase Your Reserves
One of the most important duties of the community association treasurer is to take the lead on reviewing and approving the annual budget. This annual duty is quite possibly the most important function of the treasurer. Typically, the draft recommended budget is initially prepared by the management company and then it is provided to the […]
Condos and the Federal Housing Administration: Breaking Down Changes to FHA-insured Mortgage Requirements
On August 15, the U.S. Department of Housing and Urban Development (HUD) released a revision to long-burdensome regulations on FHA-insured mortgages for condominium homeownership. The changes are scheduled to go in to effect on October 15, 2019. Read the article………………
The 5 Most Commonly Asked Questions Regarding Association Group Property Tax Appeals (IL)
This year, property owners all over Chicagoland are receiving notices from the County Assessor indicating their property’s new assessment. While all property owners should consider appealing their new assessment to lower their future property taxes, you should consider filing your tax appeal as a group if you live in a condominium, townhome or homeowner association. […]
How HOAs Can Address Marijuana Legalization in Illinois
The legalization of marijuana in the State of Illinois as of January 1, 2020 is a hot topic, and it will affect many aspects of living in Chicago. Not surprisingly, it could also affect building operations, and many HOAs are discussing how to address these changes. The main thing HOAs may be concerned about is […]
New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential Housing
A new Illinois law that will take effect on January 1, 2020, will help condominium associations and other housing providers evaluate requests for emotional support animals and other assistance animals. Read the article………………………….
Sustainability and Your Association: 10 Things to Consider
Small scale and community-wide sustainability efforts can have an environmental impact. From simple lightbulb changes to water efficient landscaping, there are many steps an Association can take to reduce their carbon and energy footprint. Performing an energy audit, forming a green committee, and identifying eco-friendly initiatives in capital improvement projects can also foster member engagement […]
Section 15 Deconversion Sales: Legal Challenges & Legal Duties of the Board of Directors (IL)
We are now more than three years into the condominium deconversion wave that took the Chicagoland real estate industry by surprise in 2015. While deconversions may appear to be commonplace, so are the challenges to these unique large sale transactions. Read the article………………
Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp (IL)
The dispute involves Galena Territory, a community governed by a property owner’s association (GTA) with several subdivisions also managed by HOAs. Homeowners in those subdivisions are members of both their subdivision HOA and the GTA. One of the subdivision HOAs had a president who allegedly engaged in self-dealing to the tune of about $600k. Read […]
Appeals panel nixes insurer’s bid to fix only hail-damaged parts of condo building, not siding on all four walls (IL)
A Texas-based insurance company is on the hook for all four walls of buildings owned by a west suburban Naperville condominium association, not just portions of walls that were damaged in a 2014 storm, a federal court has affirmed. A U.S. Seventh Circuit Court of Appeals three-judge panel sided with the Windridge of Naperville Condominium […]
Essentials of Vendor Contracts
All too often, condominium, townhome, and/or homeowner associations enter into contracts that are no more than a one- or two-page proposal. The deficiencies in these contracts often only come to light when there is a problem. Read the article…………………………..
Unit Owner Litigation (IL)
It is a widely held concept that the US is a “litigious society.” Therefore, it is unsurprising that litigation by Unit n range from allegations of breach of fiduciary claims to property damage claims or personal injury claims to allegations of negligence. Regardless of whether or not Unit Owner claims are meritless, association boards find […]
Understanding the Hierarchy of Your Association’s Governing Documents (IL)
Typically, the governing documents of an association consist of various documents including a declaration, by-laws and rules and regulations. Associations are also bound by statute—condominium associations are bound by the Illinois Condominium Property Act (“Condo Act”) and common interest communities are bound by the Common Interest Community Association Act (“CICAA”). Due to the variety of […]
Chicago’s Building Code Overhaul: What You Need to Know
You may have heard that the City of Chicago made some updates to its building code this year. As property managers, it’s important to keep up with the updates and how they may affect our building. Here’s what you need to know: Read the article…………………………
Top 10 ways for Community Association Boards to Increase Effectiveness and Productivity
Are you feeling overwhelmed and overworked as a board member of a community association? Do you feel underpaid? Do you feel like there is not enough time to address the never-ending issues that keep popping up within your community? Do you wish there was a way to become more productive and spend less time as […]
Is the Cannabis Act Unleashing Reefer Madness on your Association? (IL)
With the Senate’s recent passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), Illinois is poised to become one of the 11 states that permit both recreational and medical marijuana use. HB 1438 will likely be passed by the Illinois House and subsequently signed into law by Governor Pritzker (feel free to […]
Things You Need to Know About Fireworks in Your Association (IL)
While Fourth of July fireworks are often a big part of American celebrations, they can pose damage to both people and property. As the Independence Day holiday approaches, Associations should remind their residents of the fireworks rules and regulations that are in place in order to keep the community safe. Below are three levels of […]
Rogers Park condo association files class action vs laundry machine service company, says fees not in contract (IL)
A Rogers Park lakefront condominium association has filed a class action lawsuit against a New York-based company that leases laundry machines for commercial use for allegedly charging previously not-agreed-to administration fees. The condo association, 1050 West Columbia Condominium Association, filed a lawsuit June 18 in Cook County Circuit Court against CSC Service Works Inc. alleging […]
Things You Need to Know About Fireworks in Your Association (IL)
While Fourth of July fireworks are often a big part of American celebrations, they can pose damage to both people and property. As the Independence Day holiday approaches, Associations should remind their residents of the fireworks rules and regulations that are in place in order to keep the community safe. Below are three levels of […]
Drones in an Association (IL)
The Federal Aviation Administration estimated that over 2 million drones would be sold in the United States during 2019. The proliferation of these unmanned aircrafts has created unique concerns involving privacy, access, and safety. Below are five considerations involving drone use in condominium, homeowner, and townhome associations. Read the article……………………….
The New “Reefer Madness”: Is Your Association Ready for the Legalization of Recreational Marijuana in Illinois?
Governor Pritzker is expected to sign legislation known as the Cannabis Regulation and Tax Act and the Cannabis Control Act. As a result of such action, on January 1, 2020, Illinois will join the limited number of states that have legalized the recreational use of Marijuana. Read the article………………………….
Is Your Association Ready For The Next Election? Adopting Rules For Electronic Voting (IL)
Getting members to participate in board member elections can be like pulling teeth. The more convenient you make the process, the more likely to get members to participate. Fortunately, the Illinois Condominium Property Act (the “Condo Act”) and the Illinois Common Interest Community Association Act (“CICAA”) allow Boards to adopt rules and regulations to permit […]
Recreational Marijuana in Condominium Associations (IL)
With the Senate’s recent passage of HB 1438, the Cannabis Regulation and Tax Act (“Cannabis Act”), Illinois is poised to become one of the 11 states that permit both recreational and medical marijuana use. HB 1438 will likely be passed by the Illinois House and subsequently signed into law by Governor Pritzker (feel free to […]
Sustainability and Your Association: Considerations for Solar Panels (IL)
Homeowners are “going green” with small-scale sustainability efforts in an effort to reduce their energy footprint. Wind turbine, rain water collection, and composting systems have become viable renewable, clean energy options. In particular, residential solar technology has gained popularity due to accessible technology, streamlined equipment, and decreased installation costs. Read the article…………………….
Pool Safety Tips for Your Association
A swimming pool in a condominium or homeowner Association can be a welcome amenity to residents. However, it is important that the Association implement rules and regulations that are suited for the community and address potential legal issues. Here are four safety tips your Association should consider that address pool upkeep and liability. Read the […]