Condo Law Watch

Get the latest legal updates from Tressler’s experienced Condominium & Common Interest Community Association attorneys.

Latest from Condo Law Watch

Chicagoland Property Management, Condo & HOA Expo Don’t miss us at the Chicagoland Property Management, Condo & HOA Expo on September 26, 2019. Tressler will be speaking and exhibiting! We will be presenting The Litigious Nature of Today’s Unit Owner. This is a presentation that you don’t want to miss as we’ve noticed it has been a hot topic in today’s legal news and is an all too common issue. Make sure to use VIP code Tressler2019…
Attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client after an extensive four-month forensic investigation led by Kathy (with the assistance of her HOA law team and client) revealed that the Association’s former employee, a licensed on-site community association manager, had committed multiple acts of theft and employee dishonesty over a four year time-frame resulting in a financial loss to the Association in excess of $150,000.  A newly elected Board President asking…
Attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client after an extensive four-month forensic investigation led by Kathy (with the assistance of her HOA law team and client) revealed that the Association’s former employee, a licensed on-site community association manager, had committed multiple acts of theft and employee dishonesty over a four year time-frame resulting in a financial loss to the Association in excess of $150,000.  A newly elected Board President asking…
It is a widely held concept that the US is a “litigious society.” Therefore, it is unsurprising that litigation by Unit Owners against condominium and homeowners associations are not uncommon. These suits can 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 themselves having to expend resources defending against these claims.…
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 documents an association is bound by, confusion often arises when there are conflicting provisions and/or requirements in the governing documents…
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 electronic voting. Not only is electronic voting convenient, but it can save the association money by not having to pay for printing or…
In the context of homeowners and condominium associations, a proxy is a document authorizing a person to act or vote on behalf of an owner who is unable to attend a meeting. Proxies are most commonly used at board elections and owners wishing to run for a seat on the board of directors will often times go door-to-door collecting proxies ahead of elections. Although proxies are a powerful tool for board elections, both the Illinois…
Tressler attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client and its property management company after an 18-month investigation by the Illinois Department of Human Rights (“IDHR”). The IDHR dismissed the familial status discrimination complaint after its lengthy investigation, finding that the Association had consistently and uniformly enforced its covenants while providing its owners with due process and that the owner’s allegations were not substantiated by sufficient evidence. While the IDHR complaint…
Mixed-Use Developments – Conflicts Mixed-used condominium projects have been steadily increasing throughout Illinois. It is unsurprising, considering that locating commercial spaces within condominium projects can benefit both the residents within these communities, as well as the owners of these establishments. But, what happens when the perceived burdens imposed by these commercial units outweigh the benefits? Is there anything that a condominium board can do to address issues with commercial unit owners? The reality is that…
Chicago’s recent record-breaking cold temperatures presented associations with challenges and questions, which may not have been at the forefront of the board’s attention. These extreme cold temperatures may have left associations dealing with issues arising from burst or frozen water pipes. While not all associations had to deal with such severe scenarios last week, almost all associations did have to deal with the accumulation of snow and ice that came as a result of the…