Legal News in Chicago, IL

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Here is a summary of legislation affecting Condominiums for 2022. Check back soon for 2023 updates.

Board to Decide the Disposition of Surplus Funds at the End of the Fiscal Year – new Section 9(c)(5) The addition of subsection (c)(5) to Section 9 of the Condominium Act gives the board discretion to address a surplus or deficit at the end of the association's fiscal year and after the associati...

There are a number of updates to laws affecting condominium and other common interest community associations that become effective January 1, 2018. Here are the highlights: Amendments to the Illinois Condominium Property Act (ILCPA) 765 ILCS 605/1 et seq. New Section 9(c)(5) of the Condominium P...

In a recent case, The City of Chicago v. Federal National Mortgage Association, et al., 2017 Il App (1st) 162449, the Illinois Appellate Court, First District reversed a decision of the Circuit Court of Cook County which imposed a money judgment against Fannie Mae for demolition expenses incurred...

Klein, Daday, Aretos & O'Donoghue participated in the Race Judicata on September 14, 2017 benefiting the Chicago Volunteer Legal Services Foundation.   Our team enjoyed a scenic 5K run along Lake Michigan and festive after-race party.  KDAO would like to thank the organizers and volunteers for an...

Last week the First District Appellate Court issued a decision entitled Country Club Estates Condominium Association v. Bayview Loan Servicing, LLC 2017 IL App (1st) 162459. The facts are fairly simple. Bayview acquired a condominium unit at a foreclosure sale in November 2014. Prior to that time...

The saying is “the more things change, the more they stay the same.” Following this adage could lead to costly mistakes. Paying attention to new or amended legislation and how and if it applies to your association is critical. Today we will explore recent changes to the Illinois Condominium Prope...

Stephen G. Daday and Aaron White are defending a case brought by the occupants of a foreclosed rental property in Chicago based on an alleged violation of the recently adopted Keep Chicago Renting Ordinance. The Keep Chicago Renting Ordinance was adopted in 2013 to attempt to assist tenants in fo...

For most boards, the Palm case has severely hindered the day-to-day operations of the association because it prevented the board from discussing association issues, even those topics designated for closed/executive board sessions (i.e., litigation, employment, violations, and delinquencies) outsi...

One of the recurring topics in mortgage foreclosure appeals is whether the trial court properly entered a personal deficiency judgment against the borrowers or guarantors of a loan. Although dependent on the fluctuation of property values, it is not uncommon for a deficiency to result from the ju...

We have all heard the old adage that “a man's home is his castle.” But whose castle is it in the context of community living and condominium ownership? The competing interests of individual privacy collide with the association's interest in security on an almost daily basis. Where do those intere...

When families move to your community, they should be able to expect compliance with the rules from their neighbors. After all, that's why they moved to a community with an HOA. Yet, many homeowner's association board members find that they have trouble getting their owners to be compliant. Here a...

If you are a HOA board member, you may find yourself reluctant to enforce the rules of your community. After all, no one enjoys being the “bad guy” or the enforcer. Yet, if you don't enforce the rules, your owners are not being given the protection they expected when they bought a home in your co...

In order to vacate the order for possession, a unit owner must pay all past due assessments, charges and attorneys fees. In a recent case, the First District Appellate Court determined that in order for a unit owner to vacate an order for possession under Section 9-111 of the Forcible Entry and D...

A brief overview of recent and upcoming legal changes affecting condos & other common interest community associations. Illinois Condominium Property Act (ICPA), 765 ILCS 605/ Effective January 1, 2015: 18: Contents of Bylaws – this section was changed to: Add language to subsection 18(b)(6) pr...

If you own rental property, whether a vacation home that you rent out when you are not using it or a primary residence that you offer as a rental year-round, you are sitting on a wealth of tax deductions. Often landlords do not take all of the tax deductions available to them, simply because they...

If you own real estate and find yourself taking the standard deduction on your taxes year after year, you may be missing out. Several tax deductions are available for property owners, but many of them are regularly overlooked. Here are the three most commonly forgotten tax deductions for real est...

Do you need an attorney when you file for divorce? Legally speaking you don't. Yet before you move forward with your plans to divorce without proper legal representation, take the time to consider the reasons as to why hiring an attorney is a wise move. 1. Expert Legal Advice The decisions you ma...

When you are buying a home and looking at thousands of dollars of expenses, the last thing you want to do is consider adding the costs of an attorney to the mix. Yet, smart homebuyers will invest in an attorney to ensure their transaction is a wise purchase, and that they do not face any costly s...

Recently, KDAO participated in the Chicagoland Cooperator's Condo HOA, Co-Op, & Apt Expo held at the Navy Pier Convention Center.  Our attorneys enjoyed meeting with board members, property managers, apartment building owners, and other industry professionals.  As part of our exhibition materials...

On December 3, 2015, the Illinois Supreme Court issued a ruling which affirmed 1010 Lake Shore Assoc. v. Deutsche Bank, the case which held that the purchaser at a judicial sale (mortgagee or 3rd party) must pay the post-sale assessments to confirm the extinguishment of the lien of a condo associ...

The team at KDAO will be attending the Chicagoland Cooperator's Condo, HOA, Co-op & Apt Expo next week, and will be participating in various panels sharing our expertise. We hope to see you there! Room 1, 10:45am-11:45am Call 911! Preparing for Emergencies Presented by: The Chicagoland Cooperat...

If you do not have an estate plan in place, your assets may be at risk in the event of your death. If you have minor children, their care and financial security may be an issue as well. As you are making preparations to create an estate plan, one of the first steps should be to hire an estate-pla...

The Chicago area has numerous condominium, townhome, homeowners' and other common interest community associations, which govern community living. The legal issues surrounding community association living can be difficult to navigate. These legal concerns can involve everything from real estate an...