Who is the Attorney for the condominium board in Illinois?

In this Learn About Law podcast & videoblog, attorney Kevin O’Flaherty of O’Flaherty Law discuss common disputes between condominium owners and condominium associations, condominium boards, and individual members of condominium boards in Illinois.

Are there any new Illinois condo law changes?

Recent case law has encouraged the Illinois legislature to change the requirements for the way your board can notify unit owners of upcoming board meetings. The new laws impose certain time requirements when your association sends out email notice of meetings.

What is the condo ordinance in the city of Chicago?

Chapter 13-72 of the Municipal Code of Chicago is the City of Chicago’s Condominium Ordinance. The Condo Ordinance now includes several, strengthened consumer protections.

What do you need to know about the Illinois condo Act?

The Act requires that by January 1, 2017, all associations must adopt a written policy for resolving complaints made by unit owners and prepare a complaint form for use by the owners. The policy must include a sample form upon which owners can make complaints, a description of how to make complaints, and a description of the resolution process. 2.

Can a partition wall be put up in an Illinois condominium?

A-15. The Illinois Condominium Property Act prohibits partitions in the condominium association, but this a legal term having to do with dividing ownership among tenants in common. It does not prohibit putting up a partition wall in a portion of a unit. Thus, the Illinois Condominium Property Act does not prohibit what you are attempting.

What do you need to know about Illinois condominium law?

‍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.

What do you need to know about the Condominium Act?

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 association: the condominium declaration, the condominium association’s bylaws, and the rules and regulations of the condominium association.

Can a person refuse to rent a condominium in Illinois?

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.

What does the Illinois Condominium Property Act do?

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.

What are the rights of a condominium owner?

Condominium ownership is intertwined with the relationship to condominium association boards and property management companies. A condo owner must be vigilant in protecting his or her fundamental ownership rights — rights that have been threatened by overreaching condominium association boards and property management companies.

How many condos are for sale in Chicago?

MLS ID #11069510, CORONA REALTY GROUP, INC. MLS ID #11069653, NORTH CLYBOURN GROUP, INC. to get email alerts when listings hit the market. Based on information submitted to the MLS GRID as of 2021-04-30 19:42:49 PDT. All data is obtained from various sources and may not have been verified by broker or MLS GRID.

What are the MLS IDs for condos in Chicago?

MLS ID #11069548, OPTION REALTY GROUP, LTD. MLS ID #11070331, OPTION REALTY GROUP, LTD. MLS ID #11069510, CORONA REALTY GROUP, INC. MLS ID #11069653, NORTH CLYBOURN GROUP, INC. to get email alerts when listings hit the market.

Who are the members of the condo board?

However, in larger multi-unit condo complexes, the usual practice is for the local condo board to “oversee” the general administration of the complex while hiring a specialist condo management company to attend to the day-to-day management of the building or complex. I personally was a member of a condo association board for two years.

How is a dispute between a condominium owner and an association resolved?

In determining how a dispute between a condominium owner and the condominium association is to be resolved, the parties must refer to the Condominium Property Act, the declaration, the bylaws, and the rules and regulations as a whole.

Where are the condo associations in Chicago located?

1225 N State Pkwy. Condo Association 1400 N State Pkwy. Condo Association 1410 N State Pkwy. Condo Association

Can a board member attend a condo board meeting?

Board members can now participate in board meetings by telephone or other electronic means. Effective in June of 2016, notice of the meetings can now be “given to every board member,” which means a notice by telephone, email, text message, door delivery or other means is sufficient. 6. Declaration amendments without owner approval

How many board of directors are there in Illinois?

In practice, the number of directors will vary depending on the preference of the original developer and the size of the association, with boards typically ranging in composition from three to nine members. One Illinois association in a property of 700+ units, however, has a Board comprised of 44 members!

What to know about the Illinois Condominium Property Act?

As emotions, opinions and accusations fly, it is important for each condominium association to ensure its Board and owners follow the governing documents, while being mindful of the following provisions of the Illinois Condominium Property Act (“Act”) in preparing for the annual meeting.

When is the annual meeting of the condominium association?

Depending on the terms of your association’s Declaration, the Annual Meeting may occur on a specific day each year, or may be scheduled at the discretion of the Board. Who is Permitted to Vote in the Election? With few exceptions, only unit owners, who are members of the association, may vote in the Association’s election.

Who are the members of the condominium board?

The election of the board members by the owners in condominium, cooperative, and homeowners associations is one of the basic rights of the owners, perhaps the most fundamental right. As such, when a vacancy occurs, many owners reasonably expect that they, the owners, should have a say in who fills the vacancy.

Can a board of directors fill a vacancy?

Generally, the members of the board of directors of a condominium association are elected by the members of the condominium association. However, in the event that a vacancy occurs on the board of directors, the remaining members of the board of directors likely have the authority to appoint a replacement to complete the term.

Can the Association board fill a vacancy without…?

However, some condominium documents contain alternative requirements and may require that the vacancy be filled by election, rather than board appointment.

What happens if you dont pay your condo association dues?

The stakes can be high because many associations have provisions that allow them to fine homeowners who don’t comply with the documents, file a lien against a home and even take the home by foreclosure. Most associations have the right to foreclosure for nonpayment of dues after a certain period, including attorney fees and late charges.

Can a condominium association be a not for profit corporation?

Condominium associations may organize as not-for-profit corporations under 765 ILCS 605/18.1 of the Condominium Property Act (CPA).

How does the Illinois Condominium Property Act work?

See Section 2 (e) of the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., the “Act”. If and to the extent that a property has LCE, the LCE are simply “a portion of the common elements as designated in the declaration as being reserved for the use of a certain unit or units to the exclusion of the units…”

Is there a controlling caselaw in Illinois for condo associations?

What is very interesting to me is that there is no controlling caselaw in Illinois answering the question. Although CEs fail every day, causing damage to both real and personal property in condo associations, it appears to be one of those matters that does not get litigated (or at least not litigated at the appellate level).

‍In addition, condominium associations have the responsibilities imposed upon a not-for-profit corporation by the Not For Profit Corporation Act, whether or not the association is incorporated.

What does it mean to be a board member of a condo?

A board member with his or her own self-centred agenda is typically in direct contravention of the Condominium Act (the “ Act ”), as board members must act honestly and in good faith in managing the property and assets on behalf of all of the owners.

What happens if you dont pay an assessment on a condominium?

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 board can foreclose. This means that the board of members can initiate an eviction action if the owner fails to pay an assessment when due.

Who is the Illinois condominium and common interest community Ombudsperson?

The Director of the Division of Real Estate (“DRE”) for the Illinois Department of Financial and Professional Regulation (“IDFPR”) appointed Adrienne Levatino as the Condominium and Common Interest Community Ombudsperson (“CCIC Ombudsperson”) effective January 1, 2017.

How does the Chicago condominium ordinance work for sale?

Chicago Condominium Ordinance and Deconversion Section 15 of the ICPA governs the sale of a condominium building in its entirety and requires approval of not less than 75% of ownership before a property can be sold. In response to complaints from condominium owners who were forced to

Can you force a condo sale in Chicago?

In Chicago, Illinois, 75% of unit owners can force a bulk sale and termination of the condo association. Although the real estate market has improved in some parts of the country, condo sales in some markets have lagged behind.

Is it possible to have a conflict with your condo association?

But a 2015 survey by the Coalition for Community Housing Policy in the Public Interest found that 72 percent had been involved in a dispute with their association that was difficult to resolve. Even in the best associations, conflict sometimes arises, whether it’s over parking rules, resident dues or another issue.

What are the rules of a condominium association?

The bylaws establish how the condominium association is to be managed. If there is a conflict between the bylaws and the declaration, the declaration controls. The rules and regulations promulgated by the condominium association’s board set forth the restrictions on day-to-day interactions between unit owners.

Who are the directors and officers of an Illinois corporation?

The Illinois Condominium Property Act imposes all of the powers, duties, and obligations of an Illinois corporation on all condominium associations. Corporations are operated by their directors and officers. In associations, generally the directors do even more than is done by other corporate directors.

What to know about a condominium dispute in Illinois?

This type of dispute claims that the board failed to give proper notice of a potential action or a vote prior to acting, that the board failed to follow the procedures to obtain a necessary vote prior to taking action, or that the board took an action that violates the rules set forth in the defining documents.

What does this mean for condominium associations in Illinois?

Q. I serve on a condominium association board of directors. I recently heard on the news that the state of Illinois, and the city of Chicago, is on target to enter phase five of the Restore Illinois Plan (relating to COVID-19) set by Gov. Pritzker. What does this mean for condominium associations?

What constitutes a condo association board quorum for executive session?

What constitutes a condo association board quorum for executive session? Our condo board is 7 members. However, 2 have recently resigned. At this point, If the board holds an executive session meeting and need quorum (50%?), would it be 3 members (50% of 5) or 4 members (50% of 7)?

How many members are needed for condo board?

Our condo board is 7 members. However, 2 have recently resigned. At this point, If the board holds an executive session meeting and need quorum (50%?), would it be 3 members (50% of 5) or 4 members (50% of 7)? I could not find this answer in either the Condo Property Act or our Bylaws.

What does the Board of directors of a condo association do?

The association acts through its officers and agents. The board of directors makes the policies for the association, but the officers and agents carry out these policies and administrative functions for the community.

Where are ACTHA condominium associations located in Illinois?

ACTHA, the Association of Condominium, Townhouse and Home Owners Associations, focuses on community associations – condominiums, townhomes, HOAs and co-ops in Chicago, Cook, DuPage, Lake, Will, McHenry, Kankakee and other counties in Illinois.

What are the laws for condominiums in Illinois?

Federal Laws – In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Illinois. Illinois Condominium Property Act, 765 ILCS 605/1, et seq.:

Can a condo licensee interfere with a complaint?

The licensee is not allowed to interfere with or obstruct anyone from making a complaint to the CMRAO. Licensees are also forbidden from deterring a director, tenant, condo board or Condo Management Company from providing information related to the case.