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Homeowners associations and condominium owners’ associations are governed by their recorded declarations, bylaws, rules and applicable Illinois law. Condo associations are typically governed by the Illinois Condominium Property Act, while many homeowners associations are regulated by the Common Interest Community Association Act. These rules tell the board how to hold meetings, approve budgets, collect assessments, enforce restrictions, keep records and maintain common areas. Since each community has its own governing documents, the resolution of a dispute usually begins with an examination of the rules that pertain to the property.
Homeowners’ associations and condominiums may disagree about unpaid assessments, special assessments, fines, maintenance obligations, property damage, restrictions on rentals, architectural modifications, meeting procedures, access to records, or inconsistent enforcement of rules. O’Flaherty Law is a law firm representing property owners and community associations. If a dispute results in litigation, we can review the governing documents, explain your options, prepare notices or responses, negotiate with the other side, and represent you. Resolving the issue early on may help to prevent further conflict and additional costs to the community.
When communication breaks down, or when board members and owners interpret the same rule differently, association disputes tend to become more complicated. O’Flaherty Law gives simple advice based on the association’s governing documents and Illinois law. Be it an owner challenging a fine, a board needing help enforcing restrictions, or an association dealing with unpaid assessments, we concentrate on practical and cost-wise solutions. Our lawyers work hard to protect our clients’ interests while considering the long-term effect a dispute may have on property values and relationships in the community.
Please contact our friendly lawyers to Schedule a Consultation.
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
960 Rand Rd STE 200-C
Des Plaines, IL 60016
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Owners generally have the right to inspect certain association records, but the request must follow the requirements of Illinois law and the association’s governing documents. Available records may include meeting minutes, budgets, financial reports, contracts, rules, and governing documents. Some information may be withheld, such as documents protected by attorney-client privilege or records involving pending litigation, employee matters, or individual owners’ accounts. An attorney can help an owner prepare a proper request or advise a board on how to respond without improperly releasing protected information.
Responsibility may depend on where the damage began, what part of the building was affected, whether anyone acted negligently, and how the condominium declaration divides repair duties. The association may be responsible for common elements, while an owner may be responsible for items located within the unit. Insurance policies can also affect which repairs and losses are covered. Because water leaks and similar damage can involve several owners, the association, contractors, and insurance companies, the declaration and relevant policies should be reviewed before responsibility is accepted or denied.
Association rules should generally be applied in a reasonable and consistent manner. Selective enforcement may become an issue when a board penalizes one owner while knowingly allowing similar violations by others. However, differences between the properties, timing of the violations, prior warnings, or changes in enforcement practices may affect the dispute. An owner challenging enforcement should preserve notices, photographs, correspondence, meeting records, and examples of similar violations. A board should also document its decisions and follow the notice and hearing procedures required by the governing documents and Illinois law.