Posted on March 23, 2025 in Condominium & Homeowner Association Law

Across the nation, about 22-25 percent of all homes are part of a Homeowners Association (HOA). In the state of Illinois, about 1.5 million of the state’s five million homes (29.7 percent) are in an HOA. Illinois ranks sixth in the number of HOAs across the nation, with an average monthly HOA fee of $387.

Florida has the highest number of HOAs (45 percent), followed by Colorado, California, Washington State, Arizona, and Illinois. Missouri has the highest average HOA monthly fees at $469. Many residents in HOA communities have a love-hate relationship with their HOA. 

Some HOAs can cross the line between what is good for the community and allowing homeowners at least some autonomy. The owners, the board of directors, or a similar governing body manage and regulate development in an HOA. Those who purchase property in an HOA-governed community must become members of the association and abide by its rules and regulations. 

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 Posted on March 05, 2025 in Condominium & Homeowner Association Law

Homeowners associations have to deal with many facets of running the community, from disputes between residents, to compliance with applicable federal and state laws, to drafting and upholding community rules. Legal questions almost always come up from time to time, and the board may also have to draft legally binding documents. 

Having an HOA attorney on hand is crucial to protecting the community from legal issues, and can also lessen the burden on board members. Even small HOAs can benefit from the advice and counsel of an Illinois condominium and homeowner’s association attorney. 

Governing Document Drafting, Interpretation and Amendment

HOA governing documents include the articles of incorporation establishing the HOA, the bylaws outlining the HOA’s operations and rules, and the covenants, conditions, and restrictions specifying property use rules. HOAs need an experienced attorney to draft these documents and file them with the state of Illinois. When legal questions arise, the attorney will interpret the HOA’s documents and advise on the correct course of action. An attorney will also amend these documents as needed. 

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 Posted on February 20, 2025 in Business Law & Litigation

Consumers are bombarded with advertising. People rely on advertising to make purchasing decisions, and they generally expect advertising to be truthful and accurate. Although advertising can be helpful for consumers by providing information about a product, when advertisers employ false or deceptive tactics to advertise their products or services, this can harm consumers.

Thankfully, false advertising is an illegal type of deceptive business practice and there are laws that protect consumers against it. If you have been harmed by false advertising, an experienced Cook County, IL business litigation attorney can advise you on false advertising law. 

Examples of Deceptive Business Practices That Could Be False Advertising 

• Engaging in bait and switch tactics such as advertising a rental property for sale at a certain price, but charging a much higher price via mandatory fees added on at the last minute.

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 Posted on February 10, 2025 in Condominium & Homeowner Association Law

After all the walls have been built, the siding installed, and the roads paved, owners and tenants will start moving into a new development. Another key event early on in the life of a development is the transfer of control by the developer to the condominium association. This can be a complex transition and an experienced Arlington Heights, IL condominium association attorney can advise condominium associations on how to complete the process smoothly and ensure the condominium association starts off strong.

When Must the Turnover Be Completed?

Developers control the condominium association prior to the election of a board of managers under the Illinois Condominium Property Act. Turnover of the condominium association must take place either 60 days after 75 percent of the units have been transferred to owners or three years after the condominium association has filed the declaration outlining the rules of the condominium — whichever comes first.

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 Posted on January 22, 2025 in Real Estate

Real estate contracts are intended to protect the rights of buyers and sellers with respect to the purchase and sale of real property. One of the ways they do this is through contingency clauses. These clauses are meant to protect the parties if something goes wrong between the time the buyer makes an offer on the home and the closing. They give the parties leeway to back out of a deal in the event financing or inspection issues arise, for example. An experienced Illinois real estate attorney can advise you on the contingency clauses in your real estate purchase and sale agreement. 

What Are Real Estate Contingency Clauses?

Contingency clauses outline the conditions that must be met before a contract is enforceable. If the condition is not fulfilled within the time set forth in the contract the parties may back out of the agreement without legal or financial consequences.

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 Posted on January 09, 2025 in Condominium & Homeowner Association Law

Illinois homeowners associations (HOAs) must ensure that they comply with the requirements of the Fair Housing Act (FHA), a federal law that prohibits housing providers from discriminating against certain categories of individuals. Violating the FHA can result in monetary penalties and reputational damage. An Arlington Heights, IL attorney can provide advice to HOAs on complying with the FHA. 

What Is the Federal Housing Act and How Does It Affect HOAs?

The FHA prohibits those who provide housing, including HOAs, from discriminating against individuals on the basis of race, color, national origin, religion, disability, or familial status. The law is enforced by the U.S. Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity (FHEO). 

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 Posted on December 30, 2024 in Personal Injury

Medical malpractice can have devastating emotional and physical consequences. If you have been the victim of medical malpractice, you are not alone. According to a John Hopkins study, over 250,000 people die eery year in the United States due to medical errors. Although many factors contribute to your potential monetary recovery in a medical malpractice case, an Arlington Heights personal injury attorney has experience with these cases and can advise you on your options for seeking damages.

Are There Recovery Caps in Illinois?

First the good news: Since 2010, there have been no caps on the amount of damages plaintiffs can recover in a medical malpractice claim in Illinois. As long as you bring your medical malpractice claim within two years from the date of your injury, you could potentially recover the full value of your economic and non-economic damages.

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 Posted on December 12, 2024 in Business Law & Litigation

If you are a shareholder in a corporation, one way that you may take legal action if you believe the company’s officers, controlling shareholders, or directors are not acting in its best interests is through a derivative lawsuit. A derivative lawsuit is unique in that shareholders bring the lawsuit on behalf of the company rather than in their own names. An experienced Arlington Heights shareholder dispute attorney can provide advice on derivative lawsuits.  

What is a Derivative Lawsuit?

A derivative lawsuit protects shareholders against corporate misconduct. It is usually brought by minority shareholders against the directors or officers of the corporation when they assert that the corporation’s high-ranking employees have harmed the corporation. Shareholders file a derivative suit as representatives of the company that has been damaged. Any remedies received in the suit will go to the corporation and not the shareholder.

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 Posted on November 25, 2024 in Real Estate

Illinois condominium owners typically must pay assessments to their condominium association. Condominium associations rely on this fee to pay for operating costs that cover everything from amenities to funding for future projects. In fact, if a condominium association does not collect assessments, it may face a lawsuit for failing to do so.

Condominium associations should have a strong collection policy for delinquent assessments in place and enforce that policy. An Illinois attorney with experience representing condominium associations can advise condo management and board members on the steps to take when facing delinquent condominium owners.

Keep Track of Delinquencies

Condominium associations should first ensure that they monitor all assessment payments. A good practice is to send all unit owners monthly ledgers showing amounts due. This promotes timely payment. Condominium associations should also keep monthly ledgers that are a record of delinquencies in the event legal action must be taken.

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 Posted on November 13, 2024 in Condominium & Homeowner Association Law

One of the main goals of a business contract is to protect your business, but every business owner is likely to face a commercial contract dispute at some point in the course of running their business. An experienced attorney can represent you in any type of Illinois business dispute that may arise, whether the contract is with a business partner, vendor, customer, or another business. Here are some types of common business contract disputes.

Common Contract Disputes

Breach of Contract

This is the most common type of contract dispute and among the most common business disputes. One party alleges that the other failed to fulfill one or more of the party’s contractual obligations. Contract breaches are not one size fits all so the potential remedies for a breach of contract dispute will depend on the type of breach. Some contract breaches concern material breaches to the contract that cause significant harm to a party, while others are minor breaches. A party can also anticipatorily breach an agreement, which means that they have made it clear either through words or actions that they intend to breach the agreement, even though they have not done so yet.

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