Law & Legislation

The Paper Trail

By Danielle Braff

 Remember that thick stack of documents you received when you bought your condo  or co-op? If you're like most people, they're probably sitting in a drawer or  in the back of your filing cabinet, communing with the dust bunnies, largely  forgotten. Read More

Chicagoland Legislative Update

By Rosie Powers

 As housing sales in the Chicagoland area remain stagnant, legislation both  nationally and locally relating to property ownership and management continue  to remain active. The majority of the legislation introduced recently has  sought to protect homeowners as well as provide more resources for struggling  condo and homeowner's associations. Read More

No Time Like the Precedent

By Lisa Iannucci

 Condo, HOA, and co-op boards are generally made up of volunteers—and they're frequently a pretty diverse group. There’s the stay-at-home mom who’s looking to get involved with something beyond homework and housework. Maybe  there’s also the young doctor who just moved into the building and immediately took an  interest. Or perhaps there's the retired school bus driver who's got a green  thumb and delights in chairing the landscaping committee each spring. No matter  what their background, most board members share a genuine desire to serve their  building community and have a hand in the way it’s governed. What they may not have in common is a firm grasp of the law and the  legal implications of their decisions as board members. Read More

Can We Go Green?

By Matthew Worley

 As gasoline prices rise with increasing summer demand, building administrators'  attention has turned sharply to the cost of energy, and ways to trim fat from  their overall energy budgets. Read More

Watch Your Mouth

By Lisa Iannucci

 When you were little, your mother might have told you, “If you don’t have something nice to say, don’t say anything at all.” Read More

Getting to Know the ISBA

By Keith Loria

 The Illinois State Bar Association (ISBA) has been the premier legal association  in the state since being founded in 1877. As a voluntary organization, the ISBA’s primary focus is to help Illinois attorneys practice more effectively and  efficiently. Read More

Paying it Forward

By Danielle Braff

The ongoing recession has changed the financial picture drastically for many  residents, and their buildings are feeling the effects of late and missing  assessment payments, owners unable to pay special assessments, and even owners  who withhold maintenance payments for the same reasons rental tenants withhold  rent: They may feel that nonpayment punishes the board or management for some  shortcoming—real or perceived. A building’s assessments are used to pay for routine cleaning of common areas, door  personnel, amenities and unexpected issues such as roof damage, balcony repairs  and other problems, but if someone doesn’t pay their share, it can quickly lead to some very serious problems. Read More

Q&A: Smoking and the Bylaws

By James Erwin

As property manager for a 36-unit condominium, we have received complaints about  smoke emanating from a downstairs unit to an upstairs unit and common area  hallway. There has been an ongoing feud for several years now between the  upstairs unit owner and the downstairs unit owner. The upstairs unit owner is  leaving the common area front door open to alleviate the smell of smoke. The  bylaws do not state anything specifically about cigar or cigarette smoke. The  bylaws on “odors” reads as follows: Read More

Q&A: Removal Without Cause

By Marshall Dickler

Does the individual condo association board members and president have the legal  right to remove a treasurer from duties without due cause and deny a chance for  rebuttal?" Read More

Q&A: Charging the Renter for Delinquency

By David Hartwell

We have an owner in our condominium association, who is several months behind in  his fees. He currently has a tenant in his unit. The association pays the bill  for his water, sewage, pool and other amenities. Do we as an association have  the right to take any of these amenities away from the renter, and would it be  possible to have the renter pay his monthly rent to the association until the  delinquency is resolved?” Read More

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