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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 Posted on May 13, 2025 in Real Estate

Commercial real estate deals can be lucrative, but successfully navigating these often complex transactions requires careful due diligence. Otherwise, you may overlook important factors that could hurt your investment, such as zoning laws, finances that do not quite fit the bill, or unexpected property taxes. With all the factors at play in a commercial real estate transaction, and with a significant monetary investment at stake, it is crucial to examine everything thoroughly. An experienced Arlington Heights, IL commercial real estate attorney can advise you on key considerations when conducting due diligence on commercial real estate.

What Due Diligence Should You Conduct in a Commercial Real Estate Transaction?

Zoning and Land Use Compliance

Land use and zoning laws can significantly affect property value and return on investment. For example, if you purchase a commercial property to develop it into a sprawling retail space, but the zoning laws where the land is located restrict this type of usage, your investment could be put at risk. 

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 Posted on April 24, 2025 in Condominium & Homeowner Association Law

Out of the many responsibilities that a condominium association has, one of the most important is to hold meetings for its board and owners. Condominium associations are required by Illinois law to hold a certain number of meetings a year. The goal is not only to facilitate the proper maintenance and upkeep of the condo association and make decisions about pressing matters but also to ensure transparency and increase communication between owners (also called managers) to reduce conflict. An experienced Cook County, IL condominium law attorney can advise your condominium association on meeting requirements to ensure it complies with Illinois law. 

What Condominium Association Meetings Are Required by Illinois Law?

Under the Illinois Common Interest Community Association Act, condominium associations must hold both board meetings of the board of directors or managers, and meetings of the unit owners, typically called membership meetings. The management must notify owners of both board and annual meetings and in both cases, the condominium association must take meeting minutes. 

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 Posted on April 09, 2025 in Personal Injury

If a loved one was killed due to the negligent or reckless actions of another, you may be eligible to file a wrongful death lawsuit whether that wrongful action was intentional (such as the case with murder), unintentional (as is the case when negligent driving leads to a car accident), or even if it was the result of medical malpractice. A wrongful death action can also be brought when the action that caused the death was a crime, although the lawsuit for wrongful death will be a separate civil case. An experienced Arlington Heights, IL personal injury attorney can advise you on whether you may file a wrongful death action against the person who caused your loved one’s death.

Under What Circumstances Can You Bring a Wrongful Death Lawsuit?

In Illinois, you may bring a wrongful death lawsuit if your loved one’s death was avoidable and can be traced to another person’s mistakes. The state’s wrongful death statute provides that a wrongful death occurs when a person dies due to someone else’s neglect, default, or otherwise wrongful act, and the person who died (known as the decedent) could have brought the claim themselves had they survived.

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

Across the nation, about 22-25 percent of all homes are part of a Homeowners Association (HOA). In the state of Illinois, about 1.5 million of the state’s five million homes (29.7 percent) are in an HOA. Illinois ranks sixth in the number of HOAs across the nation, with an average monthly HOA fee of $387.

Florida has the highest number of HOAs (45 percent), followed by Colorado, California, Washington State, Arizona, and Illinois. Missouri has the highest average HOA monthly fees at $469. Many residents in HOA communities have a love-hate relationship with their HOA. 

Some HOAs can cross the line between what is good for the community and allowing homeowners at least some autonomy. The owners, the board of directors, or a similar governing body manage and regulate development in an HOA. Those who purchase property in an HOA-governed community must become members of the association and abide by its rules and regulations. 

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 Posted on March 05, 2025 in Condominium & Homeowner Association Law

Homeowners associations have to deal with many facets of running the community, from disputes between residents, to compliance with applicable federal and state laws, to drafting and upholding community rules. Legal questions almost always come up from time to time, and the board may also have to draft legally binding documents. 

Having an HOA attorney on hand is crucial to protecting the community from legal issues, and can also lessen the burden on board members. Even small HOAs can benefit from the advice and counsel of an Illinois condominium and homeowner’s association attorney. 

Governing Document Drafting, Interpretation and Amendment

HOA governing documents include the articles of incorporation establishing the HOA, the bylaws outlining the HOA’s operations and rules, and the covenants, conditions, and restrictions specifying property use rules. HOAs need an experienced attorney to draft these documents and file them with the state of Illinois. When legal questions arise, the attorney will interpret the HOA’s documents and advise on the correct course of action. An attorney will also amend these documents as needed. 

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 Posted on February 20, 2025 in Business Law & Litigation

Consumers are bombarded with advertising. People rely on advertising to make purchasing decisions, and they generally expect advertising to be truthful and accurate. Although advertising can be helpful for consumers by providing information about a product, when advertisers employ false or deceptive tactics to advertise their products or services, this can harm consumers.

Thankfully, false advertising is an illegal type of deceptive business practice and there are laws that protect consumers against it. If you have been harmed by false advertising, an experienced Cook County, IL business litigation attorney can advise you on false advertising law. 

Examples of Deceptive Business Practices That Could Be False Advertising 

• Engaging in bait and switch tactics such as advertising a rental property for sale at a certain price, but charging a much higher price via mandatory fees added on at the last minute.

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 Posted on February 10, 2025 in Condominium & Homeowner Association Law

After all the walls have been built, the siding installed, and the roads paved, owners and tenants will start moving into a new development. Another key event early on in the life of a development is the transfer of control by the developer to the condominium association. This can be a complex transition and an experienced Arlington Heights, IL condominium association attorney can advise condominium associations on how to complete the process smoothly and ensure the condominium association starts off strong.

When Must the Turnover Be Completed?

Developers control the condominium association prior to the election of a board of managers under the Illinois Condominium Property Act. Turnover of the condominium association must take place either 60 days after 75 percent of the units have been transferred to owners or three years after the condominium association has filed the declaration outlining the rules of the condominium — whichever comes first.

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