Entries by Benjamin J. Rooney

Collecting Assessments from Condominium Units In Foreclosure

  CONDOMINIUM UNITS IN FORECLOSURE DURING A RISING REAL ESTATE MARKET In 2017, Illinois had the fourth highest rate of foreclosure filings in the United States. While the overall number of foreclosures being filed is decreasing, foreclosures continue to present issues for condominium associations throughout the state. Generally speaking, a mortgage foreclosure of a condominium […]


New Chicago Ordinance – Short Term and Vacation Lease Violations

NEW CHICAGO ORDINANCE DETERS OWNERS FROM ENTERING INTO SHORT-TERM AND VACATION LEASES IN VIOLATION OF COMMUNITY ASSOCIATION GOVERNING DOCUMENTS Many, if not most, community association declarations prohibit owners from leasing their units for transient or hotel purposes.  While these types of restrictions have historically been uncontroversial and infrequently violated, the increasing popularity of peer-to-peer rental […]

Implementing Electronic Voting/Notices

How to implement electronic voting and notices within your association Public Act 98-1042 took effect on January 1, 2015. This Public Act contains changes to both the Illinois Condominium Property Act (“Condominium Act”) and the Illinois Common Interest Community Association Act (“CICAA”) concerning associations’ ability to utilize electronic communications in sending notices and voting. Prior […]

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 mechanics lien are required to comply with the stringent procedures in place in order to perfect […]