Condominium law in Illinois is a field of law that handles the different complexities involved in the laws and regulations that govern legal issues regarding condominium associations, condo owners, and more. If you live in Illinois and need assistance in a matter related to condominium law, such as selling a condominium, contact a qualified lawyer to obtain the professional guidance you need.

Three Key Issues Handled by Condominium Law Attorneys 

1. Governing documents and association bylaws – One of the primary responsibilities of condominium law attorneys in Illinois is assisting with creating and interpreting governing documents and association bylaws. These legal instruments establish the rules and regulations that govern the community and address matters such as assessments, maintenance responsibilities, and dispute resolution procedures. Attorneys ensure that these documents comply with state laws and protect the rights and interests of both individual condo owners and the association as a whole.

2. Condominium association disputes – Condominium law attorneys often find themselves representing clients involved in disputes with their condominium associations. These disputes can arise from a variety of issues, including disagreements over maintenance repair responsibilities, assessment disputes, enforcement of bylaws and rules, and conflicts between unit owners. Attorneys help their clients navigate these disputes by providing legal advice, negotiating settlements, and, if necessary, litigating on their behalf to protect their rights and interests.

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As we enter the autumn season and approach 2024, condominium associations across the United States are readying themselves for significant change in legislation that is likely to enhance corporate transparency and combat illegal activities, such as money laundering and various other illicit activities. This comprehensive law, the Corporate Transparency Act, or the “CTA” as it is commonly referred to, will have far-reaching implications for many kinds of business entities, particularly condominium associations. For legal guidance regarding how this new law will impact condominium associations, contact a lawyer to ensure you have the legal protection necessary to have a complete understanding of this new law and what it will entail. 

Understanding the Corporate Transparency Act

The CTA was created to address serious concerns regarding the misuse of corporate structures for criminal purposes. The law mandates that certain corporations, including condominium associations, must disclose their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). This includes the identities of people who directly or indirectly own or control 25 percent or more of the association’s interests.

Enhanced Transparency for Condominium Associations

Before the CTA came into existence, condominium associations often operated under a veil of secrecy, making it difficult to identify the true owners behind these legal entities. The CTA is tasked with bringing significant change by requiring condominium associations to provide detailed ownership information, promoting increased transparency. This will not only help combat money laundering and other illegal activities but also foster greater accountability and trust among influential stakeholders. 

The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Consider contacting an attorney experienced in condominium law, as they will likely be able to help assist you in navigating this tricky situation. 

Understanding Legal Restrictions

1. Review condo association laws – Start by reviewing the condo association’s bylaws and rules. These documents often address smoking policies and may provide guidance on dealing with marijuana smoke. Some condo associations have implemented policies that prohibit smoking, including marijuana, in common areas or within individual units. 

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You may be thinking about selling your condo because you want something bigger or you are moving out of the area; whatever your plans might be, it is important that you follow new changes to the condominium law so that you have a smooth transaction. As the seller, you will need to gather key documents, including the condominium’s rules and guidelines, which are known as the Declaration and by-laws, to share with the potential buyer. An Illinois attorney can help make sure that you adhere to Section 22.1, which went into effect at the beginning of this year.

Understanding the New Condominium Property Act

Section 22.1 of the Illinois Condominium Property Act is all about what happens when someone wants to sell their condo to a new owner. The current owner needs to give the potential buyer some critical information when they are considering purchasing the condo. This helps the buyer understand what they are getting into before making a decision.

Under Section 22.1, the owner must make the condo available for inspection and provide information known as disclosures:

A condo association must occasionally change rules that are no longer working or introduce new rules to manage a new situation. It is normal and natural that the rules and procedures condo owners are subjected to may need to be updated from time to time. However, initiating those changes may be a process. A condo association cannot simply create new rules during a board meeting and have them take effect immediately. While it would likely be easier for condo associations to respond to changes and problems in the community if this were the case, requiring that certain steps be taken before a new rule is introduced can protect condo owners in the community from having restrictive rules placed arbitrarily. If you have identified a need for change in your condo association’s bylaws, it is best to speak with an attorney before attempting to initiate changes. Failing to follow the proper procedure may delay enforcement of a new rule significantly. 

Steps a Condo Association Must Take Before Changing the Bylaws

There is a legal procedure relating to rule changes made by condo associations. Steps a condo association should take to bring rule changes into effect include: 

• Call a meeting - You must arrange a meeting open to condo owners in the community in order to discuss the planned rule changes. Notice regarding this meeting must be provided to members of the association at least ten days in advance to maximize the amount of people who are able to participate. 

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