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Community associations must weigh the rights of the individual property owner against the needs of the community as a whole. Many common interest community associations in Illinois are covered by the Common Interest Community Association Act. The Illinois Condominium Property Act generally governs condominium associations. Other documents governing such as declarations, bylaws, rules, and the like are just as important. If you’re an owner challenging a decision by a board or an association trying to enforce its rules, understanding how these various requirements work together is an important first step.
Disputes can arise over assessments, rule enforcement, maintenance responsibilities, use of the property, board decisions, access to records and other community matters. These disputes need not necessarily lead to expensive litigation. A lawyer can review the association’s governing documents, discuss possible legal options, and help work toward a negotiated resolution where appropriate. O’Flaherty Law is also available to litigate disputes involving homeowners associations and condominium owners associations when a dispute cannot be informally resolved.
HOA and condominium law is more than dispute resolution after the fact. Associations may need help with reviewing governing documents, enforcing restrictions, collecting assessments, responding to owner concerns or handling board and meeting issues. Some individual owners may need help to challenge an action they believe is wrong or to understand their duties under association rules. O’Flaherty Law handles both sides of these issues, which allows our attorneys to have an in-depth understanding of the issues that can come up in Illinois community associations. We aim to give you clear advice and a practical plan for your specific situation.
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.
33 N. County St., Ste. 505
Waukegan, IL 60085
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!

Sometimes. Boards may have authority to adopt or revise certain rules without a vote of every owner, but that authority depends on Illinois law and the association's declaration, bylaws, and other governing documents. Major changes involving ownership rights or the declaration itself may require a specific level of owner approval. An attorney can review the documents and determine whether the proper process was followed.
Responsibility depends on what was damaged, what caused the damage, and how the condominium declaration defines the unit, common elements, and limited common elements. The association may be responsible for certain common areas, while the unit owner may be responsible for portions of the property serving only that unit. Insurance coverage can also affect who ultimately pays.
Potentially. Associations may impose special assessments for major repairs, improvements, unexpected expenses, or other authorized purposes, but they must follow applicable law and their governing documents. If you believe an assessment was improperly approved, calculated, or imposed, a lawyer can review the board's authority and the procedures used to determine whether there are grounds to challenge it.