Blog: Mechanic’s Liens, Fear No More

Mechanic’s Liens, Fear No More

A mechanic’s lien can be a powerful tool for contractors and provides an extraordinary legal remedy for those providing labor and/or materials. However, that power is not easily granted to contractors. Those seeking to derive the benefits of a […]

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Caps on Special Assessments in Condominium Associations

In reviewing condominium association declarations over the past several years, on a number of occasions I noted a similar provision in many condominium declarations which places a cap on the amount of a special assessment the board of directors can […]

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Déjà Vu All Over Again: Declarant Rights

For those of you who live in a condominium, townhome or single family community association that was built during the last development boom, you may find that where you now live doesn’t look exactly as you expected it to when you first made your […]

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Associations Obligation to Collect Assessments

Fiduciary Obligation to Collect Assessments, Use of the Forcible Entry and Detainer Act and its Impact upon Associations While few take pleasure in pursuing their neighbors, friends, colleagues, etc. for the collection of assessments, […]

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Trust Ownership of a Unit

Question: How does a trust effect the ownership of a unit? Who represents the unit when the trust has not yet been settled and there are multiple heirs? First, not all trust agreements are the same. There are land trusts, which are vehicles […]

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Rules and Regulations: The Basics

RULES AND REGULATIONS: HOW ARE THEY CREATED? HOW ARE THEY ENFORCED? I. What are they? While the adoption of rules and regulations is not required of any community association in Illinois, most find it advantageous to do so. As compared to the […]

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Options for Collecting Unpaid Assessments

Trauma Evictions Collections of Assessments and Other Sordid Tales Assessment Collection for Community Associations I. Obligation to collect assessments While few take pleasure in pursuing their neighbors, friends, colleagues, etc. for the […]

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Bankruptcies and the Impact upon Community Associations

An Association must be aware that once it receives notice that one of its owners has filed for bankruptcy protection, and as long as the bankruptcy case is pending, no further attempts to collect any unpaid assessments may be commenced without first […]

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New Community Association Laws

The 2014 Illinois Legislative Session was quite active for condominium and common interest community associations. Over nineteen (19) pieces of legislation were introduced effecting associations. A total of nine (9) pieces of legislation passed the […]

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Damage to Common Elements

Unfortunately many associations face difficulties when damages to common elements are discovered. Typically an association is compelled to bear the expenses of fixing or replacing the damaged common element. However, what if the damage is caused by […]

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