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Families First Coronavirus Response Act

FAMILIES FIRST CORONAVIRUS RESPONSE ACT BULLETIN By: Mohit Mehta The Families First Coronavirus Response Act (FFCRA) was signed into public law on March 18, 2020, as a way to legislate duties, rights and responsibilities in the public and private sector while the nation carries on through the COVID-19 pandemic. As employers are forced to close […]

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Levying a Fine for Rule Violation? Some Helpful Tips

The Illinois Condominium Property Act empowers a board of managers, “to impose charges for late payment of a unit owner’s proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and […]

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Energy Policy Statement

  DOES YOUR ASSOCIATION NEED AN ENERGY POLICY STATEMENT? In the recent months, a handful of Association clients have required assistance with homeowners requesting for the installation of solar collector systems (i.e. solar panels) on roofs. Under the Homeowners’ Energy Policy Statement Act (“Act”) (765 ILCS 165/ eq. seq), condominium, homeowner, and common interest community […]

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Clarification on Six Months Rule

APPELLATE COURT PROVIDES SOME CLARITY ON SIX MONTHS RULE Under Section 9(g)(4) of the Illinois Condominium Property Act, a foreclosure purchaser, other than a mortgagee, or a third-party who purchases a foreclosed unit from a mortgagee must pay to the association six months of common expenses attributable to the prior owner, as long as the […]

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Homeowner Bankruptcy… Don’t Wait to file that Proof of Claim

SECURED OR UNSECURED, NO LONGER A QUESTION: ASSOCIATIONS MUST FILE PROOF OF CLAIM BY THE DEADLINE IN ORDER TO BE INCLUDED IN CHAPTER 13 BANKRUPTCY PLANS A recent federal court decision highlights the importance of an association’s manager or board contacting the association’s attorney whenever a homeowner files for bankruptcy protection. When an individual files […]

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Which Six Month Rule Applies?

CONDOMINIUMS vs. COMMON INTEREST COMMUNITIES A common source of confusion among property managers, association boards, and even attorneys is how to calculate the amount of charges that must be a paid by a third-party buyer (i.e., not the foreclosing bank) when a foreclosed property is sold, the so-called “six months.” Perhaps the greatest confusion is […]

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Are Pre-Bankruptcy Assessments Recoverable?

Collection of Pre-Bankruptcy Association Assessments . . . It Can be Done When a homeowner in an association files for chapter 7 federal bankruptcy protection, bankruptcy law triggers certain rights and responsibilities for that homeowner and the association as they relate to that homeowner’s responsibility to stay current on his assessment account. One of the […]

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Delinquencies out of control? K&C can help.

Review of Delinquent Assessment Accounts Every association has them haunting their books: delinquent homeowner assessment accounts. Do any of the accounts belong to owners who lost their units in foreclosure but left an outstanding assessment balance? What should be done with the balance? Should the association try to collect it? Who is responsible for paying […]