By Joseph Silverstein

Evicting a tenant in Illinois requires a detailed legal process. Therefore, it is important for landlords to be patient and wait for the court to enter a formal eviction order providing possession of the unit versus taking voluntary possession.  Indeed, there are consequences that landlords can face if they take matters into their own hands and attempt to remove their tenant before the formal eviction proceedings have concluded. Further, landlords with units located in the City of Chicago must be aware that Chicago has its own unique laws with regard to eviction.

Section 5-12-060 of the Chicago Municipal…
Continue Reading Legal Update: Chicago Tenants Now Have Five Years to File a Lawsuit Against Landlords Who Unlawfully Enter into Their Unit to Take Possession

By: Joseph Silverstein

In 2021, the Illinois General Assembly did not make any amendments to the Illinois Common Interest Community Association Act and only made one significant change to the Illinois Condominium Property Act (the “Act”).  Effective January 1, 2022, Section 18(a)(1) of the Act was amended to allow an association’s declaration or amendment to an association’s declaration to require a majority of members of the board of directors to be made up of unit owners who occupy their units as their primary residence. Specifically, Section 18(a)(1) of the Act, as amended, provides as follows:

(a)(1) The election from among…
Continue Reading 2022 Legislative Updates

By: Sarah Elizabeth Melendez

With Chicago weather at full force, it is inevitable that condominiums, townhome associations and homeowner associations will be confronted with burst pipes and the subsequent damage. As a means of preparation, please review the steps below so you can be ready for when a pipe bursts your bubble.

This may seem self-explanatory; however, it is important to determine how many units the burst pipe services. This is important because if the burst pipe services only one Unit, it could be considered a Limited Common Element under the Association’s Declaration. Based on the…
Continue Reading Don’t Let a Burst Pipe Burst Your Bubble

As of October 4, 2021, the Illinois Eviction Moratorium has ended. This means that residential tenants can once again be evicted from their units. The ending of the Illinois Eviction Moratorium also means that a “covered person” is no longer protected from evictions, and landlords are no longer required to send a tenant declaration prior to filing an eviction lawsuit. The end of the Illinois Eviction Moratorium benefits Homeowner Associations because Illinois Courts will now allow Homeowner Associations to freely collect on delinquent assessments without any obstacles.

The State of Illinois as well as various counties throughout Illinois have set up…
Continue Reading The End of the Illinois Eviction Moratorium

After the tragic events that occurred in Surfside, Florida, it is important for Associations to understand the responsibility that they have in maintaining the structure of their condominium building. Cosmetic issues are often easy to spot, for example, a sagging ceiling, windows that stick or will not close completely and doors that jam or cannot be closed properly. When managers see these issues, they are often repaired right away. However, issues within the foundation of your building, such as cracks in the foundation are harder to spot. Cracks in the foundation can lead to framing issues, roof issues and even leaks.
Continue Reading The Collapse of the Champlain Towers and Hard Lessons Learned – Part II

In the wake of the tragic collapse of the Champlain Towers in Surfside, Florida, last month, many Condominium Associations are questioning whether deferring maintenance on their property is still a safe option.

According to media reports, the estimated cost
to repair the Champlain South premises totaled $15 million. However, the condo
had only $800,000 in reserves for such contingencies. Unit owners were faced
with individual special assessments between $80,000 and $200,000 each. After
facing owner pressure, the board refused to levy these assessments and further deferred
essential maintenance, thus contributing to the resulting disaster.

Responsible members of condo boards need…
Continue Reading The Collapse of the Champlain Towers and Hard Lessons Learned – Part I

We are pleased to invite you to our upcoming virtual Tressler Talk:Handling Disasters – Building Code Violations, Fires and Leaks

Tuesday, June 22, 20211:00-2:00pm CT

Join Tressler’s experienced attorneys for this complimentary webinar to learn about building code violations and how they impact your association clients; fires and the turmoil that unfolds if you don’t have a plan of action for this type of disaster; and best practices for the handling of leaks and water damage.

Participants earn 1.0 Hour CAMICB Continuing Education Credit.Register Now: https://cvent.me/n9EY83View Event Website: https://cvent.me/M8RZQ3

Meet Our Speakers

Kathryn A. FormellerPartner at Tressler…
Continue Reading Tressler Talks: Handling Disasters – Building Code Violations, Fires and Leaks

Click here to view the trailer on YouTube.Check out Kathryn Formeller on the Professionals’ new YouTube channel! She joins forces with other professional ladies to provide quick tips and helpful productivity tricks in a Life Hack series.

Click here to view the Professionals’ YouTube channel.

About Kathryn Formeller

Kathryn is a partner and Co-Chair of the Condominium & Common Interest Community Association Law practice. Her practice includes representing condominium associations and common interest community associations in a variety of areas, including rule enforcement, interpretation of governing documents, review and negotiation of contracts, and collection of assessments. Kat also…
Continue Reading Life Hacks, A Series With Kathryn Formeller

There have only been a few municipalities in Illinois that have passed ordinances that seek to strengthen and expand tenant rights. Notoriously, Chicago’s Residential Landlord Tenant Ordinance (the “RLTO”) contains stringent provisions that require strict compliance from landlords. Other cities such as Evanston and Mount Prospect have passed similar ordinances, but the vast majority of cities and municipalities throughout Illinois do not have these ordinances.

On January 25, 2021, the Cook
County Board of Commissioners passed its own county-wide version of the
Residential Landlord Tenant Ordinance (hereinafter referred to as the “Cook
County Ordinance”) that mirrors Chicago’s ordinance. The Cook…
Continue Reading Cook County’s Residential Landlord Tenant Ordinance