“Corporate Transparency Act: Impact to Illinois Community Associations” – KSN attorneys Omar Malik and Sabina Arutyunyan discuss the Federal Corporate Transparency Act (CTA) and its impact to Illinois community associations. The CTA is a federal law requiring certain corporations, including most community associations, to provide board member information to the U.S. Department of the Treasury.   Read the article…………………………….

Annual meetings are essential to running a successful condo community. For condo board members, these meetings provide an opportunity to review the past year’s performance, assess financial health, and outline future goals. When conducted properly, annual meetings lead to informed decision-making, greater community involvement, and a more cohesive, collaborative environment.  In this blog, we will walk through best practices and tips for board members to help ensure your board’s annual meeting is both productive and engaging for owners and residents.   Read the article…………………………….

Chicago winters are notorious for their harsh conditions, with freezing temperatures, heavy snowfall, and frequent freeze-thaw cycles. As snow and ice accumulate on building surfaces, such as driveways, parking garages, roofs, and sidewalks, the snowmelt process introduces significant challenges for building materials like concrete, asphalt, metal, and wood. The extreme weather fluctuations, combined with the use of deicing substances, can cause serious damage to these materials, leading to cracks, structural weaknesses, and costly repairs.    Read the article…………………………….

Special assessments are often necessary for covering unexpected or large-scale expenses, such as major repairs, improvements, or emergency costs. However, handling these assessments effectively is critical to ensuring fairness and maintaining financial stability for your association. Here are some key considerations for condominium boards when charging special assessments.    Read the article…………………………….

In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the court held that a unit owner may not modify any common element, including limited common elements, without the approval of the association’s board. Furthermore, the court’s decision provides other guidance for community associations who may seek to initiate legal proceedings in response to bylaw violations.   Read the article…………………………….

As election day nears, it is common for owners in a community association to begin displaying political signs. For unit owners, the erection of a political sign can be seen as an invocation of their freedom to expression guaranteed under the First Amendment to the U.S. Constitution and Article I, Section 4 of the Illinois Constitution. In contrast, community associations often have rules restricting certain types of signs. This article explores the interplay between the constitutional concerns and the ability of community association bylaws or rules and regulations to restrict free speech.   Read the article…………………………….

Construction defects are a frequent problem in new construction condominiums in Illinois. When the developer’s appointees control the board of directors, they rarely will take action to hold the developer responsible for construction defects. However, after control of the board of directors is transitioned to the owners, the owner controlled board of directors typically investigates potential construction defect claims related to the common elements to hold the developer accountable. If the developer fails to repair common element construction defects, the condominium association has the option of filing a lawsuit to hold the developer accountable.    Read the article…………………………….

Navigating the complexities of condominium living in Chicago includes understanding special assessments, an important aspect of financial planning for condominium associations.  Whether you’re a current condo owner or a prospective buyer, this article will help you understand why special assessments are sometimes necessary, how they are implemented, and their impact on your investment.   Read the article…………………………….

Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the property. This article will address the key items board members should know before adopting rules and regulations.     Read the article…………………………….

KSN attorney Omar Malik and Greg Rosenthal (Partner at BKS Partners/Rosenthal Brothers) discuss navigating community insurance for your condo, homeowner (HOA), and townhome associations in a tough market.  They address the different types of community association insurance coverage including, property, liability, directors and officer (D&O).   Listen to the podcast…………………………..

Winter maintenance and preparation are essential for condominium, homeowner (HOA), and townhome associations in cold climates to ensure safety and comfort. Proactive autumn tasks, such as maintaining landscaping, clearing gutters, and preparing irrigation equipment, can minimize winter risks.   Read the article…………………………….

The Corporate Transparency Act (CTA) went into effect January 1, 2024 with a compliance deadline set for January 1, 2025. This new law mandates that certain businesses disclose ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The primary goals of the CTA are to increase business transparency and accountability in an effort to prevent illegal financial activities such as fraud, money laundering, and tax evasion.   Read the article…………………………….

While summer temperatures may persist into the fall season, condo associations need to prepare their buildings for the upcoming winter.  Preparing your building for fall and winter involves a combination of routine maintenance, safety checks, and proactive measures to address the unique challenges that the colder weather can bring. From inspecting the roof to  reviewing insurance policies, each step plays a crucial role in maintaining your property’s overall integrity and functionality.

Winter maintenance and preparation are critical aspects of condominium, homeowner (HOA), and townhome association management for communities impacted by cold weather, freezing temperatures, and snow. Board members, community leaders, and property managers that proactively address their winter checklist can minimize risks, maximize safety, and work to ensure the comfort of residents throughout the colder months.   Read the article…………………………….

Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act.   Read the article…………………………….

Illinois House Bill 0220 (HB0220) is a legislative proposal that amends both the Common Interest Community Association Act and the Condominium Property Act……The bill outlines the requirements for these reserve studies, ensuring that associations regularly assess and plan for the maintenance and repair of shared infrastructure.    Read the article…………………………….

Increasing Condo HOA dues is never an easy decision, and it can often lead to concerns and resistance within the condo community.  Condo owners may worry about the financial impact and question the necessity of the increase.  Addressing their concerns and being transparent about the reasons for the increase can foster a sense of trust and cooperation within the community.   Read the article…………………………….

A homeowner’s association is embroiled in a legal battle over the construction of a gymnasium that they claim violates long-standing restrictive covenants. The Castlewood Terrace Homeowner’s Association filed an appeal on August 16, 2024, in the Appellate Court of Illinois against the Public Building Commission for the City of Chicago.   Read the article…………………………….

Talk to anyone familiar with common-interest community governance anywhere in the country, and they will tell you the same thing: apathy is rampant among residents of co-ops, condos, and HOAs. Not only is it difficult to get owners and shareholders to run for their boards of directors, but it’s a struggle to even get them to show up to the once-a-year meetings held to elect those board members and to update the community on what is happening in their home and property.   Read the article…………………………….

The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on how to comply with the new legislation and adopt a parking policy to avoid potential liability.   Read the article…………………………….

Living in an association offers many benefits, including shared amenities and a sense of community. However, a community’s smooth functioning often hinges on its residents’ involvement and influence. Engaging with the Association can enhance your living experience and ensure that your voice is heard in decisions affecting your home and community. As the end of the year approaches and many associations have their annual meetings and elections, it is time to decide if you want to get involved in how your association is run.   Read the article…………………………….

On August 9, 2024, new accessible parking requirements for Illinois condominium associations were signed into law by Governor Pritzker. The new law, which amends the Illinois Condominium Property Act, imposes certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” This change in the law takes effect on January 1, 2025.    Read the article…………………………….

The Illinois Homeowners’ Energy Policy Statement Act, 765 ILCS 165/1, et seq., governs the installation of solar panels in Illinois homeowners associations, common interest community associations, and condominium associations. This article will provide critical guidance to community association board members on how to comply with the Homeowners Energy Policy Statement Act and adopt a solar energy policy to avoid potential liability.  Read the article…………………………….

The Native Homeowner’s Landscaping Act (formally known as House Bill 5296) is a legislative measure that significantly impacts homeowners and community associations across the State of Illinois. The bill was signed into law by Governor J.B. Pritzker on July 19, 2024.  This law aims to promote biodiversity and environmental sustainability by allowing homeowners to plant native species in their yards even in condominium, homeowner (HOA) and townhome community associations.   Read the article…………………………….

As of February 2024, the Illinois Secretary of State’s Office reported that Illinois had 96,448 electric vehicles (“EVs”). This is a 51% increase from the number of such cars registered in February 2023. It also is what has made Illinois one of the main hubs for EVs in the United States. Governor Pritzker’s stated goal is to have 1 million EVs on the road in Illinois by 2030.   Scroll down to article (PDF)………………………

Creating a pet policy for a condominium, homeowners (HOA), or townhome community association involves balancing the needs of pet owners with the rights and expectations of all residents.  Here are eleven considerations that can help board members and community leaders create a fair and comprehensive pet policy.   Read the article…………………………….

Creates the Homeowners’ Native Landscaping Act. Provides that an association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident’s or owner’s lawn, with certain requirements. Provides for an Association to be able to adopt reasonable rules and regulations governing native landscapes, with certain requirements. Defines terms. Effective immediately.   Read the article…………………………….

A protracted legal battle among residents of a Wilmette condominium building has culminated in significant sanctions against one unit owner and his attorney. The Appellate Court of Illinois, First District, affirmed the Circuit Court’s decision to impose monetary penalties for what was deemed abusive litigation tactics.    Read the article…………………………….

The Federal Corporate Transparency Act (CTA) is a significant piece of federal legislation that went into effect January 1, 2024. This law mandates that certain businesses disclose ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The primary goals of the CTA are to increase business transparency and accountability, thereby preventing illegal activities such as fraud, money laundering, and tax evasion.   Read the article…………………………….

As temperatures rise in Chicago during the summer months, keeping buildings cool becomes a top priority for both comfort and energy efficiency.  This post will explore various methods to maintain a pleasant indoor environment while also conserving energy.   Read the article…………………………….

Condominium Associations are crucial in maintaining order and harmony within building communities. Governed by rules and regulations, these associations ensure that properties are well-maintained and community standards are upheld.  Here’s an overview of the regulations, laws and bylaws that govern Condo Associations in Chicago that board members and condo owners should be aware of.    Read the article…………………………….

Summer in Chicago is not just a beautiful time of year, but a crucial period for condo associations to focus on essential building maintenance tasks.  As the season changes, so do the needs of your property. By ensuring proper upkeep, you’re not just maintaining the property’s safety, functionality, and attractiveness for residents, but also preserving property values and enhancing the living experience for everyone.    Read the article…………………………….

Condominium Associations are crucial in maintaining order and harmony within building communities. Governed by rules and regulations, these associations ensure that properties are well-maintained and community standards are upheld.     Read the article…………………………….

As the season changes, so do the needs of your property. By ensuring proper upkeep, you’re not just maintaining the property’s safety, functionality, and attractiveness for residents, but also preserving property values and enhancing the living experience for everyone.  A well-thought-out maintenance strategy covering both indoor and outdoor building areas is essential. This approach will address immediate concerns and prevent potential issues from arising in the future, saving you time, money, and stress.    Read the article…………………………….

As temperatures rise in Chicago during the summer months, keeping buildings cool becomes a top priority for both comfort and energy efficiency.  This post will explore various methods to maintain a pleasant indoor environment while also conserving energy.   Read the article…………………………….

As signs and flags for this fall’s national, state, and local elections are popping up all around us, it is a good reminder for community associations to review their own election procedures and readiness. Prior to and in preparation for the annual meeting, the board of directors should know the answers to the following questions     Read the article (PDF)…………………………….

According to the Illinois Condominium Property Act, no provision allows for the discounting of assessments for any unit owner, including board members. The Act states explicitly that the association shall have no authority to forbear the payment of assessments by any unit owner??. This means that all unit owners, regardless of their position within the association, must pay their assessments in full.    Read the article…………………………….

Civility plays a critical role in maintaining positive relationships within community associations. It can facilitate conflict resolution, enhance decision-making, preserve property values, promote community engagement, and align with both ethical and legal considerations.  Additionally, board members are responsible for maintaining and enhancing the value of properties within the association. A civil atmosphere encourages fellow owners to take pride in their homes, abide by community rules, and work together to preserve property values.    Read the article…………………………….

The Illinois Appellate Court has ruled that a Gold Coast condominium association breached its fiduciary duty of candor by changing rules of voting eligibility in condo board elections but not sharing the rule change with unit owners.   Read the article…………………………….

The Illinois General Assembly has passed legislation adding Section 18.12 to the Illinois Condominium Property Act, requiring all condominiums with parking to implement policies for accessible parking access for disabled owners.  The legislation mandates condominium boards to adopt a written policy within 90 days of its enactment, which will take effect 90 days after Governor Pritzker signs it.    Read the article…………………………….

Requests to install electric vehicle charging stations have become commonplace in Illinois community associations. By 2040, experts project at least 35% of all new vehicles will be hybrids or fully electric vehicles. The increasing number of requests to install electric vehicle charging stations by those who live in condominiums or homeowners associations has resulted in the Illinois legislature enacting the Electric Vehicle Charging Act, which took effect on January 1, 2024. This article will discuss the new legal requirements under the Illinois Electric Vehicle Charging Act and best practices that community associations can implement to manage requests to install electric vehicle charging stations.   Read the article…………………………….

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon.    Read the article…………………………….

Living in a co-op, condo, or HOA often involves dealing with disruptive residents who create problems ranging from noise disturbances to more serious conflicts. Industry professionals note two main types of troublemakers: those who inadvertently break rules and those who deliberately disregard them, with the latter often proving more challenging. The COVID-19 pandemic exacerbated tensions, as more people stayed home, leading to increased complaints and stress for board members and management.   Read the article…………………………….

Being a board member in an association is a position of significant responsibility and influence. It involves overseeing the management and maintenance of the property, ensuring the well-being and satisfaction of the residents, and adhering to legal and financial obligations. This role is integral to the smooth operation of the community, requiring a blend of leadership, dedication, and transparency.   Read the article…………………………….

Kate Liebelt moved into her condo at Park Millennium — a posh, towering 480-unit building in the Loop — in 2020 and was looking forward to enjoying the property’s pool, location and vibrant community.  But Liebelt and other residents said problems have started to surface — from broken elevators without a clear maintenance timeline to changes in assessment fees. And owners of larger, more expensive three-bedroom units have more voting power, according to the building’s bylaws.    Read the article…………………………….

On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker by July 23, 2024, the legislation will become law and be effective as of January 1, 2025.    Read the article…………………………….

Enforcing condominium bylaws is essential for maintaining the harmony and integrity of a community. At Hirzel Law, we understand the complexities involved in this process and offer a straightforward four-step approach to ensure compliance and resolve conflicts effectively. Here’s a detailed guide on how to enforce condominium bylaws, incorporating our expert process:   Read the article…………………………….

Homeowners’ associations evolve over time as the world around us changes. For example, a new law gets enacted (e.g., marijuana legalization), or new safety or communication needs arise. Sometimes in response, an HOA must create a new rule or amend a bylaw. Boards must know how to change HOA rules properly. You’ll want to be legally compliant, and manage the concerns of HOA members. This guide tells how to add rule amendments.   Read the article…………………………….

Block parties are an excellent way for residents in condo associations and HOAs to come together and celebrate community spirit.  Here are nine considerations for board member to ensure these events are not only fun but also safe and compliant with association rules and local laws.   Read the article…………………………….

The Corporate Transparency Act (CTA) aims to help detect and combat money laundering and terrorist finance, facilitate tracking money that has been sourced through criminal or terrorist activity, and safeguard national security and the U.S. financial system.  This act came into effect in January of 2024, and businesses that meet certain criteria are expected to file a Beneficial Ownership Information (BOI) report to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) by January 1, 2025.    Read the article…………………………….