Condominium, Homeowners’ and other Common Interest Community Associations face a variety of legal issues, involving many areas of the law including real estate, business law, zoning and local ordinances, collection, and contract law. The attorneys at KDAO have experience in all of these areas, as well as in the direct representation of associations, in both corporate matters and litigation.
The attorneys at KDAO also give advice and guidance to an association’s board of directors on the full gamut of issues facing the board. Officers and directors of association’s board are increasingly scrutinized and deal with a myriad of issues including insurance obligations, handling resident misconduct, and the collection of unpaid assessments. Our attorneys are experienced in contract preparation and review of contracts for services, such as laundry facilities, bulk internet, or cable, contemplating new construction, modifying common elements, or changing vendors.
Special concerns for condominiums include interpretation of the declarations and by-laws and periodic updates to the declarations and by-laws to comply with amendments to the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act.
The attorneys at KDAO assist boards of directors in enforcing rights of the association against members, adjacent property owners, and vendors. Boards in Illinois have powerful tools to collect delinquent payments from their unit owners, including the right to take possession of a unit and to rent the unit to collect the outstanding amounts owed, including legal costs and expenses to make the unit rentable. Our attorneys can assist in collection actions, and if necessary, defend the association in foreclosure actions and bankruptcy proceedings against the delinquent owner. Our attorneys can also defend boards when there are claims made by owners or others against the association, such as for breach of fiduciary duty or other claims of actions in violation of the association’s governing documents.
Please contact us at (847) 590-8700 to discuss how KDAO may be of assistance in your condominium or common interest community association matter.