Over the course of the past week, we have fielded dozens of requests for clarification on how property owners and homeowner associations can protect themselves from exposure to COVID-19 in the context of real estate showings. Because of the critical importance that social distancing plays in avoiding catastrophic levels of infected citizens overwhelming our medical… Read more »
Posts Categorized: #ErwinLawAnswers
The health and economic impacts of the Coronavirus epidemic will assuredly touch virtually every corner of the World before it is brought under control. And while the virus has many fearing for their health, it is casting a much longer and darker shadow over many sectors of our national and global economies. As voluntary… Read more »
Important to owners, condominium associations, property managers and tenants, the law includes an amendment to the Illinois Condominium Property Act which allows condominium associations to place certain restrictions on the smoking of marijuana, both in common elements and in private units.
Conflicts between owners are inherent in shared community living. And whether misconduct is a result of an owner’s natural personality or a result of medical conditions affecting that owner, the Association and its Board cannot simply turn a blind eye. As there may be a number of corollary issues to carefully consider — rights… Read more »
Conflicts between smokers and non-smokers in shared living communities is a common source of friction. Just as with noise complaints, resolution of these disputes often must be dealt with on a case-by-case basis. Unless your association amends its Declarations to ban smoking completely, your neighbor is in her right to smoke within the confines of her unit. That does not mean, however, that she may necessarily do so to the detriment of her neighbors.
Whenever a homeowner or condominium association is formed by a developer, it is established by virtue of a Declaration which is recorded with the County Recorder. That Declaration includes a schedule of all of the Units in the association and their corollary ownership percentage. These percentages are the common element ownership percentages allocated to… Read more »
In Illinois, one of the seminal cases regarding the implementation of leasing restrictions is Apple II Condominium Association v. Worth Bank & Trust Co. In that case, the court held that associations may prohibit leasing by either Board action or ownership approval, depending on the terms of their Declaration.
Buying or selling the right property — and at the right price – always feels like a big win, for everyone involved. And it is. So, oftentimes, real estate agents will finish one deal and move quickly on to the next. But the most successful agents understand that every closing opens up a whole host… Read more »
When a homeowner association has to undertake large capital repair projects, it will often pay for these projects by way of charging special assessments to the owners. Previously, when there were surpluses collected for those projects, Illinois law prohibited refunds to the owners, past or present. However, as of January 1, 2018, absent express directives… Read more »
Real estate investors and developers are often well versed in assessing properties, analyzing cap rates, zoning issues, property tax concerns and other matters related to real estate due diligence. Yet they often overlook, or give little importance to, the structure of their business and the framework they establish for the ownership of the properties they… Read more »