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By: Tressler LLP

Blog Authors

Gabriel Alvarado
Sayra Contreras
Sarah Elizabeth Melendez
kathryn formeller
anita jahanban
Tressler LLP
Matthew O'Malley
Joseph Silverstein
katerina tsoukalas-heitkemper

Latest from Condo Law Watch

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

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

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

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

We have yet another wild development with the Corporate Transparency Act: Filings are now voluntary and not subject to fines for failure to comply.  

On December 26, 2024, the full panel of judges of the Fifth Circuit Court of Appeals issued an order vacating the stay of a preliminary injunction halting reporting compliance under the Corporate Transparency Act. 

On December 27, the U.S. Department of Treasury’s FinCEN division released a statement announcing beneficial ownership interest report (BOIR) filings are voluntary.  

The most recent decision suspends the upcoming January 13, 2025, extended deadline requiring community association boards and corporations/LLC…
Continue Reading Breaking News: Yet Another Wild Development With the Corporate Transparency Act! 

Late afternoon on December 23, 2024, the Fifth Circuit Court of Appeals lifted the District Court’s nationwide preliminary injunction against enforcement of the Corporate Transparency Act (CTA) in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 4:24-cv-00478 (E.D. Tex.).

As a result, the following CTA deadlines are once again enforceable against reporting companies:

  • Associations/Corporations/LLC’s in existence prior to January 1, 2024 must file their initial beneficial ownership information (BOI) reports by January 1, 2025.

If you have not yet provided your FinCEN ID or information necessary to file your report, there are only…
Continue Reading URGENT – ACTION NEEDED! CTA Injunction Lifted – All Associations/Corporations/LLC Must File BOIR by 12/31/24

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a NATIONWIDE preliminary NATIONWIDE injunction against the Corporate Transparency Act (Act). See Texas Top Cop Shop, Inc., et al. v. Garland, et al. In the underlying case, the Plaintiff argued that Congress essentially “overreached” its authority over the States in compelling them to adopt the requirements of the Corporate Transparency Act. The U.S. District Court ultimately granted the Plaintiff’s request to preliminary enjoin the Government from enforcing the Corporate Transparency Act and its Implementing Regulations, ruling that “Neither may be enforced, and reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting…
Continue Reading Urgent News! Corporate Transparency Act Compliance Enjoined by a Federal Court on December 3, 2024 – Compliance Stalled

A substantial change is on its way for Illinois Condominium Associations beginning January 1, 2025. This is a new transformative approach to accessible parking for residents with disabilities.

Here is what the new rule means and why it matters: Beginning January 1, 2025, the Illinois Condominium Property Act (ICPA) will have new guidelines requiring accessible parking for disabled unit owners. This pivotal change requires each homeowner association (HOA) existing on January 1, 2025, to:

(1) Adopt a written policy to accommodate unit owners with a disability by April 1, 2025,

(2) Provide proactive resolutions and

(3) Ensure that there is…
Continue Reading New Year, New Rules: Navigating Illinois’ 2025 Accessible Parking Mandate for Condos

Tressler attorneys Kathryn A. Formeller, Simone E. Haugen and Adriana M. Bosco successfully represented board members of a condominium association. Two years after closing, a unit owner of the condominium association filed suit against the board members for breach of fiduciary duty (on numerous issues including underfunded reserves) and violation of Section 22.1 of the Illinois Condominium Property Act.  After a four-day trial, the jury returned a very low, favorable verdict in favor of the board members.

Congratulations, Kat, Simone and Adriana! About Kathryn A. FormellerKathryn A. Formeller Tressler LLPKathryn A. Formeller is a partner and Chair of Tressler’s HOA Practice Group. Her…
Continue Reading Kathryn A. Formeller, Simone E. Haugen and Adriana M. Bosco Secure Favorable Jury Verdict for Condominium Board Members

We are pleased to invite you to our upcoming virtual Tressler Talk:Tressler Talks: Advanced Financials in HOA LawOctober 9, 20242:00pm-3:00pm CTWebinarJoin Tressler’s experienced attorneys for this complimentary Illinois HOA board and property management training. This popular webinar provides an advanced, in-depth analysis of community association finances and overall financial stability. Attendees will learn best practices for handling the complex financial aspects of a community/HOA. Attendees will earn 1.0 Hour of CAMICB Continuing Education Credit. 

Register Now: cvent.me/AmzxVL

View Event Website: cvent.me/b4ZVLl

Meet Our Speakers:

Kathryn FormellerPartner at Tressler LLP

Kathryn Formeller is a partner and Chair of…
Continue Reading Tressler Talks: Advanced Financials in HOA Law

Tressler is excited to welcome Sayra V. Contreras as an associate in our HOA Practice Group. Sayra concentrates her practice in litigation with a focus on representing condominium associations and common interest community associations in areas such as rule enforcement, interpretation of governing documents, review and negotiation of contracts and collection of assessments.

“Joining Tressler LLP as a litigation attorney is a remarkable opportunity. I admire Tressler’s collaborative culture and commitment to excellence. I am eager to use my skills to help our clients navigate complex legal challenges in today’s ever-evolving legal landscape,” said Sayra Contreras.Prior to joining Tressler LLP,…
Continue Reading Sayra V. Contreras Joins Tressler’s HOA Practice Group

The Corporate Transparency Act (“CTA”) is here to stay, and for now, condominiums, townhomes, homeowners and community associations must file the required Beneficial Ownership Information Report (BOIR) by December 31, 2024. Failure to comply will result in penalties imposed by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The primary goal of the CTA is to increase business transparency and accountability, thereby preventing illegal activities such as fraud, money laundering and tax evasion.

Like the Illinois Secretary of State’s annual report (for which all board members’ names and addresses are disclosed on the annual report), the BOIR…
Continue Reading Corporate Transparency Act: All Associations Must File Report with FinCEN by 12/31/24!