HOA, condo, & co-op case law and litigation highlights (Feb. 2019)

Case law books court legal appeal

  By Deborah Goonan, Independent American Communities This month: HOA and homeowner rights when making construction defect claims; limited obligations for housing providers under Fair Housing Act; application of FDCPA to HOA fee collections; exceeding liability insurance limits; Free Speech in HOAs. Illinois: home and condo owners cannot hold subcontractors responsible for defective construction In a recent Supreme Court ruling, construction industry subcontractors scored a big win, at the expense of home and condo owners Continue ReadingHOA, condo, & co-op case law and litigation highlights (Feb. 2019)

Legislative Highlights (Feb 2018, Illinois)

By Deborah Goonan, Independent American Communities   The right to access contact information of co-owners is under assault, and industry trade group members continue to oppose fair treatment of condo owners who prevail in litigation involving their association.    Illinois HB4816 Amends the condominium act to specify that no member, including persons on the board of managers, may sell or use the association’s official contact list for commercial purposes. Reference: Track HB4816 Full text of Continue ReadingLegislative Highlights (Feb 2018, Illinois)

Condo association sues three owners fighting condo-to-apartment deconversion, claiming defamation

Why Illinois anti-SLAPP law may not protect condo owners By Deborah Goonan, Independent American Communities   Back in September (2017), I wrote a post about a condo termination controversy at River Trails Condominium in Prospect Heights, Illinois. River Trails meets all of the typical criteria for a good deconversion candidate: Constructed in the 1970s, dated architecture with aging infrastructure, many units selling for less than $100,000, with a location that is well-suited for apartments. More Continue ReadingCondo association sues three owners fighting condo-to-apartment deconversion, claiming defamation

Chicago homeowners unable to override condo board’s $500K special assessment

By Deborah Goonan, Independent American Communities   UPDATE on State Parkway Condo Association’s vote on special assessment: According to condo owner Michael Novak, State Parkway Condominium Association’s accountant, James P. Cherep, MBA, CFE, has officially tabulated condo association member votes with regard to the board-approved $500,000 special assessment. Only 29.05% of association membership voted to veto the board’s special assessment. The remaining 70.95% of condo owners abstained from voting. Non-votes are automatically presumed to be Continue ReadingChicago homeowners unable to override condo board’s $500K special assessment