Condominium & Community Association News

Rules and regulations for HOAs

There are many types and classifications of Homeowners’ Associations (HOAs) that are now under the umbrella and defined within the Illinois Common Interest Community Association Act. Some of these communities are also referred to as the “over 55” communities, multi-generational communities and lake or second home communities. These communities have unique governance issues based upon either their diverse populations or limited age populations. 

To read about a few key areas to consider when adopting and enforcing rules and regulations, click here.

After the Spanish Court case: Limits of Board authority to maintain collection action highlighted in recent appellate court opinion

In the recent case of 4934 Forrestville Condominium Association v. McKinley, the First District Appellate Court held in the context of an Association’s action to collect delinquent assessments under the Illinois Forcible Entry and Detainer Act, that a Unit Owner’s claim that a Board was not validly constituted could go forward and potentially defeat the Association’s claim.

Click here to read more about this case.

Don’t forget your Declaration: Appeals Court confirms necessity of the Declaration and Covenants in collection actions 
The First District Appellate Court confirmed that Associations must be careful to enter their Declaration and Covenants regarding Assessment default into the record in a lawsuit to collect Assessments. In Blackstone Condominium Association v. Speights-Carnegie, (Feb. 3, 2017), the Appellate Court reviewed a judgment for unpaid Assessments where an Association sought to recover from an Owner based on a breach of contract theory.

 To read more, click here.
Critical Updates  
A summary of the 2017 changes to the Condominium Property Act and Common Interest Community Association Act: Some Palm II relief, loan provisions, and technology considerations

Our attorneys are good at being mindful of the knowledge clients need—information directly affecting their lives and businesses. To that end, we invite you to take a peek at what's going on with our Real Estate practice group. They have numerous presentations on topics that may be of interest to you, including:
  • ABC's of commercial real estate closings
  • De-conversions
  • Sale of condominium associations
  • Title insurance from a lender's perspective
If any of these interest you, or to suggest a presentation that would be beneficial to your group, please contact practice group leader Shay Baldwin.
Featured Attorneys
Steven Bloomberg
Steven P. Bloomberg,
Principal and Practice Group Leader
David Bloomberg
David J. Bloomberg, Principal
James Stevens
James R. Stevens, Principal
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