Posted on October 10, 2025 in Business Law & Litigation

Condominium boards are usually well-versed in handling noise complaints from parties or excessively loud neighbors, but now associations are facing a new kind of nuisance dispute – smells. From cannabis smoke drifting through the vents, vaping in common areas, and strong cooking odors, issues of odors can raise awkward questions regarding how far an association can go in regulating private behavior inside a unit. Does the condominium board face liability if repeated complaints about smells are ignored?

How can a condominium association balance residents’ individual owner rights and the right to privacy with the comfort of other owners? It is important to understand the condominium board’s authority under the Illinois Condominium Property Act (Ch. 765, Act 605, Sections 1 through 35) and how related case law can help navigate these challenges. An Arlington Heights, IL condominium association law attorney can help guide you through this tricky situation to ensure you follow the law and avoid claims of overreach or bias.

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 Posted on September 25, 2025 in Condominium & Homeowner Association Law

While smart technology was once limited to high-end or luxury homes, this is no longer the case. Across the United States, and in Illinois neighborhoods, smart technology is becoming standard. With the wide range of smart technologies (Ring doorbells, Nest thermostats, and even community-wide security cameras and property inspection drones), HOAs face the challenge of determining how much smart tech is too much - and who sets the limits?

Illinois HOA boards must strike a balance between legitimate concerns regarding privacy and residents’ enthusiasm for security and convenience. Unfortunately, Illinois law has not quite caught up with the latest forms of technology, leaving HOA boards responsible for developing enforceable policies. If your HOA board is struggling with these policies, an experienced Arlington Heights, IL HOA attorney can help.

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 Posted on September 10, 2025 in Personal Injury

In the fall of 2024, a Cook County jury awarded $66 million to the family of a woman who died following two cosmetic surgery procedures (a tummy tuck and liposuction). This amount included $32 million for grief and suffering, $15 million for loss of consortium or companionship, and $19 million for the decedent’s pain and emotional distress before her death. The attorney for the family called it a record medical malpractice verdict for wrongful death in the state.

Generally speaking, it can be more difficult to win a personal injury or wrongful death lawsuit following a cosmetic procedure because these procedures are elective. This means that the patient is often assumed to have accepted any inherent risks from the procedure. The success of such a claim lies in proving that the surgeon’s negligence caused an injury or death that goes far beyond mere dissatisfaction with the cosmetic result – or even a complication from a failed cosmetic surgery.

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 Posted on August 31, 2025 in Condominium & Homeowner Association Law

Across the United States, including Illinois, neighborhoods are changing, with more residents interested in sustainable living. This could translate into keeping a few backyard chickens, a beehive, or planting a community garden. But what happens when trends like this come face-to-face with Homeowner Association (HOA) rules?

Conflict can result when HOA residents want to push the boundaries of the rules, yet there should always be a balance between legal obligations, community standards, and individual freedoms. Should HOAs work to accommodate these sustainable living trends, or is this a slippery slope that could result in residents taking even more liberties? Homeowner Associations can benefit significantly from discussing issues like this with an Arlington Heights, IL HOA attorney.

What Is Pushing the Rise in Sustainable Living in Illinois?

Major state investments in green technology and infrastructure, along with evolving consumer practices, are driving the push for sustainable living across the state. These factors create an environment where eco-friendly choices are not only encouraged but they are also affordable and accessible.

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 Posted on August 14, 2025 in Condominium & Homeowner Association Law

When something breaks in a condominium, the first question usually asked is "Who will pay for the repairs?" Whether a leaky pipe, a broken window, or a damaged roof, responsibility for repairs in a condo community depends on whether the damage occurs in a common element or a unit, as well as what the condo’s governing documents state.

Condominium laws can be complex. Boards and property managers must understand the applicable laws to avoid disputes, delays, or legal liability while protecting the association. If you are uncertain whether your association is liable for repairs, it can be helpful to speak to a knowledgeable Arlington Heights, IL condominium law attorney.

What Are the Differences Between Common Elements and Units?

Common elements in a condominium association include shared areas such as:

• Roofs
• Hallways

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 Posted on July 29, 2025 in Personal Injury

A day before the Fourth of July holiday, a police pursuit of another vehicle in Wood River resulted in that vehicle slamming into a couple who were simply in the wrong place at the wrong time (the intersection of Illinois 143 and 3). The husband and wife from Alton were killed, prompting the family to file a wrongful death claim against the city of Wood River.

The lawsuit claims that the police officers "flagrantly" disregarded the risks of a high-speed pursuit over minor violations - equipment and registration issues. As a result of the involvement of the Wood River police officers, the investigation was turned over to the Illinois State Police. The person being chased has been charged with murder. Before the crash, the suspect reached speeds of 70 mph in a 35-mph zone.  

While high-speed police pursuits are intended to protect the public, this goal should always be balanced with the safety of the public and the risks of a high-speed chase. If your loved one was killed because of a fleeing suspect and pursuing officers, and you believe negligence or recklessness on the part of the police occurred, it is important to speak to an experienced Arlington Heights, IL wrongful death lawyer.

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 Posted on July 11, 2025 in Condominium & Homeowner Association Law

When a unit owner in an Illinois condominium association falls behind on assessments, it can place a burden on the entire community. Illinois law allows associations to take specific legal steps to recover the amounts owed after 90 days of nonpayment. The process can escalate quickly from late fees and demand notices to eviction proceedings.

It is important that condominium associations are clear about their rights and responsibilities. The board has a fiduciary duty to manage the association, including taking appropriate steps to collect delinquent assessments and ensure the association's financial stability. When questions arise, having a strong legal advocate is extremely important. An Arlington Heights, IL condominium law attorney can ensure that all steps taken comply with Illinois laws.  

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 Posted on June 29, 2025 in Condominium & Homeowner Association Law

One important aspect of managing condominium associations and homeowners associations (HOAs) in Illinois means ensuring compliance with legal responsibilities under applicable federal laws. The Americans with Disabilities Act (ADA), which requires certain public spaces to provide accessibility requirements for individuals with disabilities, might appear at first glance not to apply to condo associations and HOAs. However, depending on the community’s use of the property, the ADA may apply. If it does, it could create specific obligations for Illinois HOAs and condominium associations. 

Understanding your obligations is essential to protecting both your community and your organization from liability. An experienced Arlington Heights, IL condominium and homeowner association attorney can help you determine whether you must comply with the ADA and avoid costly violations and lawsuits.

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 Posted on June 15, 2025 in Personal Injury

If a pharmacy gave you the wrong medication or your doctor prescribed you an incorrect drug, the consequences could be devastating and sometimes even fatal. If you or someone you loved developed complications due to this kind of medication error, this could be a type of medical malpractice that is actionable under Illinois law and for which you may be entitled to damages in a personal injury lawsuit. 

Understanding what damages you can recover and the legal process involved can help you make informed decisions about pursuing a claim. Speak to the experienced Cook County, IL personal injury attorneys at Dickler, Kahn, Slowikowski & Zavell, Ltd. to understand the strength of your medical malpractice case. 

Can You Make A Claim Damages for Medication Errors? 

In Illinois, you may file a personal injury lawsuit to recover damages caused by a medication error, but you must first establish negligence by proving that your healthcare provider or pharmacist failed to meet the accepted standard of care. You must also ensure that your claim is filed within two years from the date you discovered the injury and no more than four years from the date of your actual injury in order to abide by the Illinois statute of limitations and statute of repose. 

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 Posted on May 23, 2025 in Condominium & Homeowner Association Law

Illinois homeowners associations (HOAs), which, together with condominium associations, are a type of Common Interest Realty Associations (CIRA), must have governing documents in place to operate in the state. These documents set out the association’s rules, and they help protect them and homeowners from legal exposure to ensure the smooth administration and management of the HOA. An HOA may amend these documents from time to time, and it often does as its needs change. An experienced Cook County, IL homeowners association attorney can draft your association’s governing documents and advise you on best practices. 

What Governing Documents Should Illinois Homeowners Associations Have?

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

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