Who is the Attorney for the condominium association in Illinois?
Spanish Court Two Condominium Association, Circuit Court of Lake County, Illinois, Case No. 10 AR 2723, Mr. Lerum achieved a $208,000 judgment in favor of the condominium unit owner against the condominium association and the president of the association, who was found guilty of malicious conduct and breach of fiduciary duty. The case later settled for more than the …
Why do I need a lawyer for a condominium association lawsuit?
Illinois law give an Association two frequently used tools to collect its Assessments and unpaid fines. They are (1) eviction proceedings and (2) filing liens on the property. Eviction proceedings are akin to a landlord evicting a tenant for non-payment of rent or fines.
What are some common issues between Illinois condominium associations and unit owners?
Suing an Association is an expensive proposition in Illinois. Illinois follows the American Rule regarding assessing attorneys fees. The American Rule is unless there is a statute or contract stating otherwise, each side pays their own legal fees. So if an unit owner prevails in litigation against the Association, most times the unit owner needs to pay one’s own attorneys fees and …
Can a unit holder sue a condominium association?
Feb 04, 2021 · One of two attorneys for 111 East Chestnut Condominium Association, Diane Silverberg, appealed to the case to the Illinois Supreme Court. She argued that a condo association is a private organization, not a government or state actor. Therefore, her clients had no duty to uphold First Amendment rights of owners, including the right to free speech.
How do I file a complaint against a condo association in Illinois?
Call the Toll Free Number You may call the CCIC Ombudsperson on its toll free number at 844.856. 5193.Jan 1, 2017
Who regulates condo associations in Illinois?
Illinois Department of Financial and Professional Regulation (DFPR) - The Department is responsible for the licensure, education, and discipline of real estate professionals in Illinois, including community association managers and community association management firms. 225 ILCS 427/30, 225 ILCS 427.
What is the Illinois Condominium Property Act?
The Illinois Condominium Property Act provides the framework for the creation and governance of condominium associations. Condominium associations may choose to incorporate as Illinois not-for-profit corporations, pursuant to Section 18.1 of the Act, but are not required to do so.
Who does the HOA attorney represent?
A homeowner association attorney will deal with enforcement of HOA rules. A homeowners association attorney represents and advises homeowners association board members on a wide variety of contract and property rights matters.Jan 30, 2022
How do you remove a condo board in Illinois?
Typically, if a provision for removal of board members is included, it will provide for removal of a board member by 2/3 of the members voting at a meeting of the members, duly called for that purpose. Sometimes it will be 2/3 of the total membership. Sometimes the bylaws are silent.
How do I dissolve a condo association in Illinois?
Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.
What is condo Deconversion?
Deconversion is the process of selling the entire condominium property to a third party who will turn. the condominium units into rental apartments.
Who is responsible for water damage in a condo Illinois?
unit ownerSection 9.1(a) of the Illinois Condominium Property Act states a unit owner is responsible for damage to another unit or the common elements caused by the operation of the unit.
How do I amend a condo bylaw in Illinois?
A. There are two methods for amending a condo declaration and bylaws: the vote of owners at a meeting or the written consent of the owners. The amendment provisions of your document should specify the required method. The meeting approach requires the board to distribute a ballot and proxy.Sep 29, 2007
What is the Davis Stirling Act California?
The Davis-Stirling Act governs homeowners' associations (HOAs) in California. Initially passed in 1985, the Act has been frequently amended since and addresses nearly every aspect of an HOA's existence and operation.
Is it bad to live in a condo complex?
Like most human endeavors, there are good factors and bad factors in living in a condominium complex. The good is that you own a home that can appreciate in value, receive tax benefits and that you are part of a larger organization that maintains the common elements like the roof, landscaping, etc.
What is a common element?
Sometimes the dispute centers on what is a common element. Common elements are things that benefit more than one owner. Normally Declarations define what a common element is. Most people will agree that the roof is a common element. Thus being a common element the person living in the basement needs to contribute to repair the leaking roof that causes water to enter the top floor unit.
How are associations governed?
Associations are governed by the Board. Most bylaws allow special elections to remove the Board of Directors besides the annual elections. Ultimately elections are held. Like Congress occasionally the current power structure losses and new people are elected. Occasionally the old power structure does not leave quietly but require a court order to do so.
Does Chicago have noise laws?
Unfortunately Chicago doesn’t have noise standards in construction or for residential areas like many cities around America do. If there are no bylaws or rules of the Association preventing this noise, then Illinois nuisance law applies. Under nuisance law, one has the right to quiet enjoyment of one’s home.
What is the Illinois law regarding unit owners?
Illinois law requires that Associations yearly must provide budgets to each unit owners and also account how the money was spent for the previous year. Associations must allow a unit owner to view all financial and other records of the Association upon notice. Failure of the Association to allow a member to view its records, the law provides if a unit brings that Association to court to compel production, the Association must pay the unit owner’s legal fees. The City of Chicago likewise has an ordinance requiring the same thing.
Is a pet allowed in a unit?
Operating a business in the unit is prohibited by Declaration. Keeping pets may also be prohibited. Having a noxious presence in the unit is likewise prohibited.
What happens if a unit owner violates a rule of the Association?
If a unit owner violates a rule of the Association, the Association can enter fines against the unit owner to bring compliance with the rule. The fine needs to be reasonable. Before entering a fine, the Association must give the unit owner notice of the alleged violation, give the unit owner a right to have an hearing and have a lawyer present at the hearing before the Board enacts the fine. Ultimately the unit owner can have a judge determine whether the fine is reasonable and that the unit owner’s due process rights were protected.
What is the Lerum case?
Specifically, Lerum refers to the Illinois Condominium Act, section 18.4h, which states that a condo association cannot enact or enforce rules and restrictions that infringe on First Amendment Rights.
How much did the condo association spend on the 111 East Chestnut lawsuit?
As for the litigation’s effect on 111 East Chestnut, Boucher estimates the condo association must have spent at least $400,000 in legal costs to defend their seven board members, who were represented by two different law firms.
Who is Michael Boucher?
Background story. Michael Boucher is well-know in the Chicago area as a former owner of several successful restaurants in Illinois and Michigan. Today he’s retired from the hospitality industry, but he owns several Chicago condos as investment properties. Boucher knows how to manage property and run a business.
Is Illinois due process?
In other words, an Illinois condo owner is entitled to due process, which includes the right to review evidence and face one’s accusers. The board’s willful refusal to disclose amounts to a statutory breach of fiduciary duty, according to the Boucher Appellate Opinion.
What is breach of fiduciary duty?
Breach of fiduciary duty — board has duty to disclose. Section 19 of Illinois Condo Act requires a condo association to meet certain disclosure requirements. That includes the duty to produce requested official records upon written demand of an owner or owner’s representative.
What is the Boucher case?
Specifically, state law must be amended to include a fee shifting clause in favor of a condo unit owner, if a unit owner can prove the association has breached its fiduciary duty.
What is a double standard?
It’s a double standard that favors the interests of corporations (condo and homeowners associations) and the legal industry that serves them, rather than giving consumers (property owners) a level playing field in the state’s courts. That prevents many unit owners from seeking the justice they deserve.
What is beyond repair?
If beyond repair, then the damages are the fair market value of the property immediately before the destruction, less any salvage value the property may have . If the property can be repaired, then the damages are the cost of repairs necessary to restore the property to its physical condition before the damage.
What happens if a roof leaks?
If the roof leaks and personal property (furniture, clothing, rugs) of a unit owner is damaged as a result: The unit owner’s personal property is never the obligation of the association for MRR. Here again the unit owner is blameless in causing the damages to his/her personal property.
What is a condominium?
In a condominium, an individual who owns a unit shares with other unit owners an undivided interest in the common elements of the property. Generally, the unit holders form an association to manage and regulate a condominium. Actions by and against a condominium association should be conducted as per the bylaws and declarations of the condominium association. A condominium association has substantive capacity to sue. It can initiate both tortuous and contractual actions. Actions with respect to common interest by an association can be brought as class actions or as a derivative action [i].
What is absolute liability?
Generally, absolute liability of an association excludes individual liability of a unit owner. A bylaw can also limit the liability of a condominium council from damages caused by a unit owner. Liability from damages arising out of natural calamities can also be limited. An action can be brought against an association for waste ...
What is the duty of a condominium association?
The duty of condominium association towards its unit owners is fiduciary. The officers and members of a condominium association must fulfill fiduciary duties owed to unit owners with reasonable care, diligence, good faith. In case of failure on the part of an association, it will be held liable for any negligence.
What is the duty of an association?
An association has a duty to manage insurance proceeds on behalf of its unit owners. For personal negligence, unit owners cannot hold the association responsible [iv]. A breach of fiduciary duty of members of board is controlled by the substantive laws of agency, contract, and equity [v]. A condominium association’s declaration can expressly limit ...
What happens if an association fails?
In case of failure on the part of an association, it will be held liable for any negligence. An association exercises powers as per its declarations and bylaws. However, bylaws and declarations also limit its liability. An association has a duty to manage insurance proceeds on behalf of its unit owners.
What Law Governs Condominium Associations in Illinois?
- First, let’s discuss the source of condominium law in Illinois. The Condominium Property Act, 765 ILCS 605/1, et seq. Is the Illinois statute governing condominium associations. In addition to the Condominium Property Act, the relationship between condominium owners and the condominium association is governed by three documents that are particular to each condominium associatio…
Condo Owner Default on Assessments and Eviction
- The Condominium Property Act and the Illinois forcible entry and detainer statute (735 ILCS 5/901, et seq.) establish the process for a condominium board to deal with a unit owner’s failure to meet his or her obligations. If a unit owner fails to make a timely payment of an assessment, the amount due is considered a lien on the unit owner’s interest in the property, upon which the boar…
Use and Occupancy Restrictions on Illinois Condos
- The use of condominium units can be restricted by the declaration, the rules and regulations, or by board action, so long as the restriction is non-discriminatory and applies to all unit owners. Such restrictions are strictly construed, but typically upheld. Associations may place reasonable restrictions on the use of common areas. One specific situation has become particularly relevan…
Discrimination
- It is unlawful to refuse to sell or rent or otherwise deny a dwelling to any person because of race, color, religion, sex, familial status or national origin according to the FHA. In addition, the Illinois Condominium Property Act prohibits association rules that prevent the reasonable accommodation of religion. The FHA also protects unit owners from discriminatory enforcemen…
Legal Counsel For Condo Associations, Cooperatives, Unit Owners
O’Leary Law Firm represents Illinois condominium associations and unit owners, on all matters relating to condominiums or the disputes that arise out of condominium living. In John O’Leary, you have a condominium law attorney with extensive development and management experiencewith condos and multi-unit d…
Condominium Law Firm Representing Associations and Unit Owners
- Our clients are: 1. Condominium Associations in the collection of past due assessments. 2. Condominium Associations who have claims against the condominium developer for defective construction of the condominium building. 3. Condominium Associations who need to negotiate a construction contract for major repair of the common elements. 4. Condominium Associations i…
For A Smart and Proactive Approach to Your Case: Contact O’Leary Law Firm
- We would love to talk with you about your condominium association questions. Contact O’Leary Law Firmin Chicago, Illinois, at (312) 782-8807. Practice Areas Save Save
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