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What is the source of condominium law in Illinois?

‍First, let’s discuss the source of condominium law in Illinois. The Condominium Property Act, 765 ILCS 605/1, et seq. Is the Illinois statute governing condominium associations.

Who is the Attorney for the condominium association in Illinois?

In this Learn About Law podcast & videoblog, attorney Kevin O'Flaherty of O'Flaherty Law discuss common disputes between condominium owners and condominium associations, condominium boards, and individual members of condominium boards in Illinois.

Do I need an attorney to buy a home in Illinois?

You need an Attorney. Unlike your Real Estate Agent & Mortgage Broker, the State of Illinois does not allow licensed Attorneys to be paid by commission. This ethical rule protects you, the client, because the Attorney is free to advocate for your best interests rather than being enticed to “close the deal” to get a commission.

What are some common issues between Illinois condominium associations and unit owners?

‍Below, we will discuss some of the most common issues between Illinois condominium associations and unit owners. ‍The Condominium Property Act and the Illinois forcible entry and detainer statute (735 ILCS 5/901, et seq.) establish the process for a condominium board to deal with a unit owner’s failure to meet his or her obligations.

How to buy a house in Illinois?

What is the seller's responsibility under the Illinois purchase contract?

What to look for in a house buying agent?

What is the role of an agent in a house closing?

Does Illinois require a lawyer to buy a house?

Is buying a home in Illinois a good experience?

Is a newly built home exempt from disclosure?

See more

About this website

What is the Illinois Condo Act?

The Act fosters dispute resolution alternatives for homeowners and condominium associations governed by the Condominium Property Act and all common interest community associations governed by the Common Interest Community Association Act. The Act is scheduled to be repealed on July 1, 2022.

Do you need a lawyer to buy a house in Illinois?

Some states mandate that home buyers hire an attorney for the real estate closing while others stay silent on the matter. Illinois is one of the states that does require you to have a lawyer review your purchase agreement before finalizing your home purchase.

Who pays for limited common element repairs in Illinois?

However, Subsection 18.4(a) of the Condominium Property Act provides that a condominium board has a duty to provide for the proper maintenance, repair and replacement of the common elements (which by definition include the limited common elements).

Who regulates condo associations in Illinois?

Therefore, if you need legal advice, we encourage you to consult an attorney of your choice. Which Law Governs My Association? Most homeowners associations are governed by either the Illinois Condominium Property Act or the Illinois Common Interest Community Association Act.

Who pays for closing costs in Illinois?

Overall, in a typical transaction, sellers can expect to pay around 8 percent of the sale price in total closing costs. This includes a 5 percent realtor commission, taxes and title-related fees. For example, on a $200,000 home, the seller can expect to pay around $16,000 in total closing costs.

Can seller accept another offer during attorney review Illinois?

“Although this will cause some pushback and sometimes isn't looked at as the most ethical, a seller can legally still accept any other offer up until attorney review conclude as the deal isn't officially under contract.” For the most part, though, buyers more commonly back out of contracts rather than sellers.

Who is responsible for water leaks in a condo in Illinois?

Section 9.1(a) of the Illinois Condominium Property Act states a unit owner is responsible for damage to another unit or the common elements caused by the operation of the unit.

Is condo balcony a common element?

In addition to these regular common elements, there are “exclusive-use” common elements. These may include spaces such as patios, balconies or parking spaces. These areas are common elements to which only the owners whose units are adjacent to them have access.

Is drywall a common element?

Interior walls: Although interior walls are typically part of a unit, the unit might include the whole wall, only to the halfway point, only the drywall, or only the surface paint. Roof and exterior walls: These are most often defined as common elements, but the unit might include the interior surface or drywall.

Can HOA evict owner in Illinois?

Can an HOA Evict a Homeowner? Yes. Under Illinois state law (765 ILCS 605/9.2), a homeowners' association can 'evict' a member from their unit in order to recover past due assessments. If your community is considering eviction as a remedy, an experienced Chicago HOA/condo lawyer can help.

Can you refuse to join a homeowners association?

Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.

How much can HOA fees increase in Illinois?

A. Two provisions provide a limitation on the board's power to increase assessments or commit the association to expenditures. Section 18(a)(8) of the Illinois Condominium Property Act permits the owners to petition for a vote on all assessment increases exceeding 15 percent from the prior year.

How to buy a house in Illinois?

Before buying a house, condo, or other type of property in Illinois, you’ll probably want to contact a real estate agent. That person can help you locate the best home for your needs and handle all the complex procedures involved with the purchase. Some of the benefits of using a real estate agent include his or her: 1 knowledge of the community, median home prices, and market conditions 2 ability to match homes to your needs and budget 3 experience preparing a viable offer and handling other paperwork, and 4 central role in negotiating the final deal.

What is the seller's responsibility under the Illinois purchase contract?

Under the Illinois purchase contract, the seller is expected to correct those problems as a condition to closing.

What to look for in a house buying agent?

Be sure the agent you choose has ample experience representing buyers (not just sellers), good references, and qualifications to meet your house-buying needs in terms of your ideal location, type of property, and budget.

What is the role of an agent in a house closing?

central role in negotiating the final deal. Your agent should be able to help you every step of the way, from drafting your written offer and negotiating with the seller on price and other key terms to coordinating the escrow process and house closing.

Does Illinois require a lawyer to buy a house?

Although Illinois does not require buyers to use a lawyer to prepare the purchase agreement and other paperwork related to buying a house, state custom does require that an attorney review the purchase agreement before finalizing the purchase.

Is buying a home in Illinois a good experience?

With proper preparation, careful choice of a real estate agent, and prudent use of other qualified professionals, buying a home in Illinois should be a positive experience.

Is a newly built home exempt from disclosure?

Certain types of sales (such as newly built homes) are exempt from state disclosure rules.

What is a condo lawyer?

Also known as a community association lawyer, an HOA & condo law attorney is a legal professional who is qualified to handle HOA, condo, and townhome issues. In practice, an HOA/condo lawyer can assist you with a wide range of different issues—from drafting, reviewing, and interpreting an association’s governing documents to helping the association collect unpaid assessments or handling disputes.

What does it mean to evict a condo owner?

By evicting a condo owner, an association essentially obtains an ‘Order of Possession’ that will allow them to take control of and rent out the property. The property can then be rented out until all past due assessments are satisfied.

What is HOA law?

What is HOA/Condo Law? Homeowners’ association law and condominium law are both unique areas of law that govern the relationship between individual owners (HOA members or condo unit owners) and the non-profit organization that protects the common interest of the community as a whole.

Do condo owners have to pay fees?

Most importantly, condo owners have a legal responsibility to pay monthly fees and special assessments on time. Additionally, individual members must abide by any applicable restrictive covenants.

Can a condo association collect past due assessments?

Homeowners’ associations and condo associations have a number of different options available to collect past due assessments from individual members and unit owners. Among other things, this includes sending a late notice, obtaining liens, filing for eviction, and moving for foreclosure.

Can a homeowners association collect on a lien?

Yes. When a homeowners’ association member fails to keep up with their financial obligations, the association may be able to collect on the delinquency by obtaining a lien. Should it prove to be necessary, the association has the authority to foreclose on this lien in order to collect the amount that is owed.

Do Condo Members Have Rights Under State Law?

Yes. HOA and condo members have very important legal rights. As an example, under Illinois law, condo owners have the right to:

Schwartz & Kanyock, LLC

Chicago trial lawyers with more than 70 years of combined experience. Call for apt.

Egan & Alaily LLC

A Law Firm practicing Condominium Law. Ehrenberg & Egan, LLC is an AV-rated boutique law firm located in downtown Chicago. The firm's litigation practice focuses on banking law, ... Read More commercial matters and real estate, including foreclosure

Law Office of Peter Ordower

The Law Office of Peter Ordower provides businesses and individuals with high quality, cost-effective legal solutions, focusing on litigation and dispute resolution.

Rolewick & Gutzke, P.C

Rolewick & Gutzke, P.C. is an Illinois professional service corporation formed in 1981. The firm has grown to become a well respected source of legal assistance in DuPage County ... Read More and the surrounding communities.

Law Office of Richard J. Arendt

EMPATHIC, GENUINE, TOUGH Business | Tax | Litigation | Estates | Trusts | Real Estate

Keough & Moody

Keough & Moody, P.C. is a Chicago and Naperville based law firm providing full-service representation to condominium, townhome and homeowners’ associations, not-for-profit ... Read More corporations, businesses, and financial institutions.

Thomas Mamer LLP

A Law Firm practicing Condominium Law. Founded in 1946 by attorneys James G. Thomas and Wallace Mulliken, the law firm of Thomas Mamer LLP today ranks as one of the top firms in ... Read More Central Illinois. The key elements of this success

Why are attorneys important in real estate?

But why are attorneys so vital to the real estate sales process? We could go into a lot of little details here, but the bottom line is that attorneys compile and go through an enormous amount of paperwork, help negotiate contracts and agreements, and have a working knowledge of taxes and real estate law that is vital to making sure that you get the fairest possible deal, whether you’re a buyer or seller.

What is the difference between a seller and a buyer in real estate?

In a real estate transaction, the seller naturally wants to make as much money as possible, while the buyer wants to complete the purchase for as little as possible. Both sides are (typically) represented by a broker, who wants to argue in favor of their client.

What is Gunderson Law Firm?

Whether you are a couple wanting to buy or build a house, a corporation converting commercial properties to residential, or a commercial developer looking to change the Chicago skyline, the Gunderson Law Firm can help you get through the process with the right papers in the right places, addressed by the right people at the right times. Our team possesses unparalleled expertise and insight, reinforced by years of experience and long-term connections throughout Chicago’s real estate, finance, and insurance industries. We’ll be your eyes and ears, allowing you to move your project forward and get all the i’s dotted and t’s crossed correctly, as quickly and smoothly as humanly possible.

Do you need an attorney when selling a house?

And it’s pretty much standard that, if you’re buying or selling residential or commercial property, you’re going to have an attorney on your real estate team.

Check All Documents

One of the most important roles that a real estate lawyer has is to review all the documents prepared by seller’s lawyer to ensure everything is in order.

Conduct a Title Search

The buyer and lender will want a clear title for the condo or home—without this, the sale will become more complicated. After the closing lawyer receives the purchase agreement or a request from a mortgage broker or bank, they will check the title to the property for sale.

Review Mortgages and Outstanding Payments

The real estate lawyer will check the status of mortgages the seller has on the property and review the details of the mortgage being obtained. If there are any existing mortgages against the property, they will need to be satisfied at closing for a clear title transfer.

Choose Zinati Kay – Real Estate Lawyers for Closing in Toronto

When you hire our team at Zinati Kay – Real Estate Lawyers to help you buy a condo or house, you can have peace of mind knowing that the job will be handled professionally and appropriately. We are a full-service residential real estate law firm, with over 50 years of closing experience.

Why do you need an attorney?

An attorney can often help you avoid or minimize major risks in your contract if you have hired the attorney in a timely fashion. An Attorney can Advise you of Your Legal Obligations - if you are unaware of what legal promises you made in the contract, then you could risk being sued by the other party.

What happens if you breach a contract?

If you or the other party breach the contract, then your lawyer can tell you what rights either of you may have, such as the right to bring a lawsuit against the other or to forfeit the buyer’s earnest money as liquidated damages. Protect Yourself. An attorney can often help you avoid or minimize major risks in your contract if you have hired ...

What can an attorney do?

An attorney can advise you of the legal promises you must perform and help you avoid a lawsuit or other action. An attorney can advise you of your rights in the contract. You may assume that you have the right to cancel the deal for a particular reason, or to post-pone the closing if you need more time to get a loan.

Can a real estate agent give legal advice?

A Real Estate Agent cannot give legal advice such as the legal ramifications of your Contract and your loan documents. Only a lawyer can give legal advice. A Real Estate Agent who is also a licensed Illinois Attorney cannot act in both roles/capacities when representing you.

Can a real estate agent draft a contract?

A real estate agent can’t draft legal documents such as the Deed, Riders to the Contract, Attorney Approval letters, amendments to the extend the financing contingency in a contract, etc. The Supreme Court of Illinois ruled that Real Estate Agents can fill in blank lines on Standardized Contracts but cannot write in additional language, conditions, ...

Does Illinois allow mortgage brokers to be paid by commission?

By Colleen L. Sahlas, Attorney. Unlike your Real Estate Agent & Mortgage Broker, the State of Illinois does not allow licensed Attorneys to be paid by commission. This ethical rule protects you, the client, because the Attorney is free to advocate for your best interests rather than being enticed to “close the deal” to get a commission. ...

What is the right to disapprove a rental?

If the proposed tenant or buyer is or has been in violation of the association documents, before taking occupancy of the unit, then the board has the ability to disapprove the rental. For example, if there is no one who is 55 or older, and the community is senior housing; or if the intended occupants have two trucks, and no trucks are allowed in the community; and so on. This right to disapprove applies to all tenants and purchasers, including those who might already own or occupy another home/unit in the community. The evaluation would occur at the time the application is filed.

What happens if an owner does not get approval for the prospective sale?

If an owner does not get approval for the prospective sale, or otherwise fails to comply with the documentary and policy requirements for processing a sale of a unit, the association can bring legal action to set aside the sale.

Can a background check be used to disapprove a prospective buyer?

There are some circumstances under which a background check can be used to disapprove prospective buyers or renters. That is, under the Statutes and the Florida Case Law, there are certain situations under which the association can disapprove of a prospective applicant, without having to exercise a right of first refusal (i.e., ...

Can an association evict a tenant if the owner is delinquent?

And, by the way, if an owner is renting out the home/unit and becomes delinquent, the association has the right to demand that the tenant pay the rent to the association until the account is brought current. If the renter doesn’t do so, the association can evict the tenant.

Can an association disapprove a lease?

Basically, an association may disapprove a lease or prospective tenant, if the basis for the disapproval is reasonable and non-discriminatory. Note: Be wary of using credit history as a ground for disapproval.

How to buy a house in Illinois?

Before buying a house, condo, or other type of property in Illinois, you’ll probably want to contact a real estate agent. That person can help you locate the best home for your needs and handle all the complex procedures involved with the purchase. Some of the benefits of using a real estate agent include his or her: 1 knowledge of the community, median home prices, and market conditions 2 ability to match homes to your needs and budget 3 experience preparing a viable offer and handling other paperwork, and 4 central role in negotiating the final deal.

What is the seller's responsibility under the Illinois purchase contract?

Under the Illinois purchase contract, the seller is expected to correct those problems as a condition to closing.

What to look for in a house buying agent?

Be sure the agent you choose has ample experience representing buyers (not just sellers), good references, and qualifications to meet your house-buying needs in terms of your ideal location, type of property, and budget.

What is the role of an agent in a house closing?

central role in negotiating the final deal. Your agent should be able to help you every step of the way, from drafting your written offer and negotiating with the seller on price and other key terms to coordinating the escrow process and house closing.

Does Illinois require a lawyer to buy a house?

Although Illinois does not require buyers to use a lawyer to prepare the purchase agreement and other paperwork related to buying a house, state custom does require that an attorney review the purchase agreement before finalizing the purchase.

Is buying a home in Illinois a good experience?

With proper preparation, careful choice of a real estate agent, and prudent use of other qualified professionals, buying a home in Illinois should be a positive experience.

Is a newly built home exempt from disclosure?

Certain types of sales (such as newly built homes) are exempt from state disclosure rules.

What Law Governs Condominium Associations in Illinois?

Condo Owner Default on Assessments and Eviction

• ‍The Condominium Property Act and the Illinois forcible entry and detainer statute (735 ILCS 5/901, et seq.) establish the process for a condominium board to deal with a unit owner’s failure to meet his or her obligations. Suppose a unit owner fails to make timely payment of an assessment. In that case, the amount due is considered a lien on the un...

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Use and Occupancy Restrictions on Illinois Condos

Discrimination