Tressler LLP

Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, defense, claims management and reinsurance.

Tressler attorneys also represent clients in commercial litigation, employment, corporate transactions and intellectual property law. Tressler has one of the most experienced and multi-faceted government law practices in Illinois.

In recent years, there has been a notable increase in foreclosure sales resulting in surplus funds due to rising property values. This trend presents opportunities and challenges for Illinois condominium and homeowners associations (HOAs) seeking to recover unpaid assessments and other charges.

What Are Surplus Funds?

Surplus funds are the excess proceeds from a foreclosure sale after satisfying the foreclosing lender’s claim. For example, if a property sells for $450,000 but the outstanding mortgage is $400,000, the $50,000 difference constitutes surplus funds. These funds are held by the court or trustee until distributed to eligible claimants, such as junior lienholders
Continue Reading The Rise in Judicial Sale Surplus Cases and the Role of Illinois Condominium and Homeowners Associations

Government employees are afforded a variety of protections to allow them to perform their jobs without being subject to civil liabilities. Prosecutorial immunity mirrors the immunity afforded to judges, which protects prosecutors who are acting within the scope of their official duties from civil liability, even if such acts are malicious. The primary public policy argument in favor of absolute prosecutorial immunity is to allow prosecutors to focus on their public duties and exercise independent judgment in initiating cases without concern for harassment or intimidation by unsatisfied litigants.

A recent Illinois appellate case tests the extent of prosecutorial immunity. In
Continue Reading How Absolute is Prosecutorial Immunity?

Just weeks before the April 1, 2025 election, an Illinois Appellate Court decision resulted in the reinstatement of a local township candidate’s name on the ballot. In the case of Bass v. Township Officers Electoral Board for Rich Township, the First District Appellate Court considered an appeal from Antoine Bass, a candidate for Rich Township Supervisor, after the Township Election Board ordered that his name be removed from the ballot.

After Mr. Bass submitted 77 signature pages with his nomination papers for the position of Supervisor for Rich Township in November 2024, a resident filed an objection alleging that
Continue Reading Appellate Court Overturns Local Election Board’s Finding of a Pattern of Fraud and False Swearing on Nomination Papers

Spring is finally here! Illinois homeowners are eager to spruce up their yards and now have more freedom to cultivate native plants on their property. In recent years, there has been a push for more sustainable, eco-friendly living which in turn has influenced both private and public sectors. The need for pollen and nectar-rich plants has gained momentum as it helps bees and butterflies thrive — as opposed to the traditional manicured lawn.

The Illinois Homeowners’ Native Landscaping Act (the “Act”) was passed on July 19, 2024, it prohibits community associations (homeowners and/or condominium associations) from banning native landscaping outright and is effective
Continue Reading Supporting Wildlife with Native Landscaping: What the Illinois Homeowners’ Native Landscaping Act Means for Your Community Association

F.O.C.U.O.S., a non-profit organization rooted in empowering at-risk youth and underserved individuals through mentorship, education and skill-building opportunities, will honor Tressler at its Annual Gala on Friday, May 2. In recognition of the Tressler team’s outstanding contributions to the community, Tressler will receive the Elizabeth Campbell Community Service Award.

The Tressler LLP legal team has been proudly serving the Bolingbrook and Romeoville community for more than 39 years. Tressler provides legal services to local government bodies such as school districts, park districts, villages and library districts both locally and across northern and central Illinois. They also represent businesses and non-profits from
Continue Reading Tressler LLP Honored with Elizabeth Campbell Community Service Award by F.O.C.U.O.S.

Join Tressler’s experienced HOA attorneys for this complimentary webinar to learn about the litigious nature of condominium and community association owners and the use of alternative dispute resolution (ADR) methods to avoid a lawsuit. HOA litigation creates a significant burden on members of a community and poses a financial risk when the outcome is weighed against the money spent. ADR methods provide opportunities to control both the outcome and cost of a dispute. This popular program will provide a detailed overview of the benefits of ADR for resolving challenging disputes in community associations. 1.0 Hour of CAMICB Credit is currently
Continue Reading Tressler Talks: Resolving Challenging Disputes in Community Associations

On March 2, 2025, the Treasury Department announced the suspension of the enforcement of the Corporate Transparency Act (CTA) against U.S. citizens and domestic reporting companies. The Treasury Department will be issuing proposed rules that will narrow the scope of the CTA to foreign reporting companies only.As a result, community associations are no longer required to file BOI reports. This is a huge win for condominium and homeowners’ associations, reducing unnecessary compliance burdens.If you have questions about how this impacts your community association, feel free to reach out to one of Tressler’s HOA law attorneys.

For more information about this article,
Continue Reading Important CTA Update for Community Associations: The Roller Coaster Ride Has Come to a Stop, and We Can Officially Take Off Our Seat Belts!

On February 17, 2025, the United States District Court for the Eastern District of Texas granted the government’s motion to stay the nationwide injunction that previously halted enforcement of the Corporate Transparency Act (this was the second case with a nationwide injunction having been issued). The Court cited the Supreme Court of the United States’ decision to stay the preliminary nationwide injunction in the Texas Top Cop Shop, Inc., as precedent for their decision in the second case.

What does this mean for Illinois not-for-profit corporations and condominium/homeowners associations? This means that if your corporation or association has not already
Continue Reading CTA UPDATE: Mandatory BOIR Reporting is Back With 3/21/2025 Deadline!

Tressler is excited to welcome Justin Kaplan as a partner in our Condominium and Common Interest Association Law Practice Group in Chicago.

“I am thrilled to join Tressler LLP and become part of a team that has built a reputation for excellence in both legal expertise and client service,” said Justin Kaplan. “I look forward to contributing my skills and experience to furthering the firm’s mission and supporting our clients with innovative, effective solutions. This is an exciting opportunity to work alongside such talented professionals, and I am eager to embark on this next chapter in my career.”Justin’s practice includes representing
Continue Reading Justin Kaplan Joins Tressler’s HOA and Condo Law Practice

A recent Illinois Supreme Court case underscores the importance of meeting deadlines outlined in the Illinois Election Code when it comes to filing election challenges. In the case of Ontiveroz v. Khokhar, the Supreme Court considered a dispute over the timeliness of filing election challenge petitions. Following the DuPage County Clerk’s certification of the election results for Glendale Heights village president, Mike Ontiveroz (who had lost by two votes) filed a Verified Petition to contest the results. Ontiveroz claimed that a disqualified candidate had misled voters about write-in ballots and that a number of these ballots should not be
Continue Reading Illinois Supreme Court Reiterates the Importance of Timely Compliance With Deadlines Outlined in the Illinois Election Code

On January 31, 2025, the Office for Civil Rights of the United States Department of Education released a Dear Colleague letter regarding the enforcement of Title IX following Tennessee v. Cardona, No. CV 2:24-072-DCR, 2025 WL 63795, (E.D. Ky. 2025). (Link to full case below). As you may recall, the United States District Court for the Eastern District of Kentucky issued a decision on January 9, 2025, vacating the 2024 Title IX Rule, preventing enforcement in any jurisdiction.

In light of the District Court’s decision, and in light of President Trump’s January 20, 2025, Executive Order, Defending Women from Gender
Continue Reading 2020 is Back Again

The Law Enforcement Agencies Data System (“LEADS”) has long served as a critical resource for Illinois law enforcement and the criminal justice system. It provides information on an individual’s criminal history, Firearm Owners Identification status and data as to the status and history of a person’s driver’s license, title and registration. It also provides information contained in national databases, such as those maintained by the Federal Bureau of Investigation.

 The dissemination of information contained in LEADS has historically been limited to “criminal justice agencies.” The relevant portion of the LEADS administrative rules provides as follows “LEADS data shall not be
Continue Reading Updated Guidance from the Illinois Attorney General Regarding Dissemination of LEADS Data

Tressler attorney Katerina Tsoukalas-Heitkemper will be presenting at the Illinois Chapter Community Associations Institute’s (CAI-IL) 43rd annual Condo-HOA Conference & Expo on Friday, February 21st at the Donald E. Stephens Convention Center in Rosemont, IL. Her presentation is titled “Juggling Real Estate Transactions: Working Together to Ease the Process.” Katerina Tsoukalas-Heitkemper, Kathryn A. Formeller and other members of Tressler’s award-winning HOA Law team will also be volunteering at Tressler’s HOA Law booth – #118. We look forward to seeing you at the greatest show!

When

Friday, February 21st from 11:30am to 12:00pm CST

Where

Donald E. Stephens Convention Center5555 N
Continue Reading Katerina Tsoukalas-Heitkemper to Present at the CAI-IL’s 2025 Condo-HOA Conference & Expo

On August 9, 2024, Governor Pritzker signed SB 2740 into law. The Bill creates a new Section 18.12 of the Illinois Condominium Property Act (the “Act”) that went into effect on January 1, 2025. This update to the Act addresses accessible parking for individuals with disabilities within condominium associations. This does not apply to associations that are not established as a condominium. 

Below are four key points of this new legislation:

1. Mandatory accessible parking policies must be adopted by April 1, 2025

Illinois condominium associations with parking facilities are required to adopt a written policy and procedure to accommodate
Continue Reading Mandatory Parking Policies for Condominium Associations Must be Adopted by April 1, 2025

Tressler attorneys John M. O’DriscollAndrew S. PaineJames J.HessDarcy L. Proctor,  Elizabeth F. WagmanKathleen M. GibbonsJeyser G. Claudio, Drew O’Donnell and Michael Vargas have been selected to present at the 2025 IAPD/IPRA Soaring to New Heights Conference scheduled at the Hyatt Regency Chicago from January 23-25, 2025. We hope to see you there!

When: January 23-25, 2025

Where: Hyatt Regency Chicago, 151 East Wacker Dr., Chicago, IL, 60601

Conference Website: http://www.ilparksconference.com/

Please click here to register

Presentations:

So You Want To Stay Out Of Jail? What Park District Leadership Must Know About Ethics Requirements 

  • Date: Friday, January 24,


Continue Reading 2025 IAPD/IPRA Soaring to New Heights Conference

Tressler is excited to welcome Megan M. Olson as a partner in our Government Practice Group in our Bolingbrook office. Megan focuses her practice on serving cities, villages, townships, library districts, road districts, park districts and other local government entities.

In addition to providing general counsel, she provides guidance on establishing and drafting new ordinances and policies, contract negotiations, building and code enforcement, administrative proceedings, Freedom of Information Act compliance and intergovernmental agreements. Megan also has experience in eminent domain, land use, development and public water supply matters. Additionally, Megan has years of litigation experience which she utilizes to help
Continue Reading Megan M. Olson Joins Tressler’s Government Practice Group