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Chicago Recycling Ordinance - A Manager's Review

Starting in 2017 all condo associations in Chicago must have recycling services at their building. Failing to have recycling services active by 1/1/17 will expose the association to potential fines from the City. This new requirement is part of the Chicago Recycling Ordinance that was recently passed by the Chicago City Council. The ordinance goes into effect on January 1, 2017, and requires all commercial and multi-unit residential buildings to provide "source-separated, single stream recycling for residents." This simply means that all associations must purchase standard recycling services from a waste management provider. Obviously this is great news for the waste...

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Public Act 99-849 Makes it Easier for Boards to Approve a Loan

When a condo association needs a large amount of cash in a short period of time, a loan may be the only option. This is especially true if the owners cannot afford a large special assessment. Association loans often become necessary as an emergency measure due to deferred maintenance and a lack of proper budgeting. These types of loans use the association's existing and future assessment income as collateral to secure the debt. This means that if the association fails to repay the loan, the bank will go after the association's assessments. Prior to this change to the Illinois Condominium Property...

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Chicago code related to keeping hallways, stairs and exit pathways free of items

What can be stored in the common hallways, stairways and other means of egress? According to the law, nothing. Interior landings, hallways and stairs must be completely clear of all items. This includes shoes, shoe racks, planters, pots or other items. The relevant section of the Chicago Municipal Code below relates to new construction: 13-160-070 Obstructions prohibited.For purposes of this section and Section 13-96-135 only: the term “small building” shall mean a residential building that is both less than four stories high and contains fewer than four residential units; and the term “large building” shall mean a residential building that is...

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Air Rights: Ability to trim trees that cross property lines

As a management company we are often confronted with issues or disputes between the condo association that we manage and its neighbors. One such example relates to the landscaping of neighboring properties. Specifically, the trees on these properties. If a neighboring property has one or more trees with branches that have grown such that they extend over the property line of your association, you do have the ability to take action. "Air rights" exist such that the legal property lines for your association extend vertically into the air. Due to this, you have the ability to cut back any branches that...

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SB 2354 - Signed by Gov Rauner - How It Effects Associations in Illinois

A new bill, SB 2354 (Sen. Haine), which will admend the Illinois Condominium Property Act and the Common Interest Community Association Act, will become effective on January 1, 2017. This bill was signed into law by Governor Rauner and became Public Act 99-0567. Since this bill amends both the ICPA and the CICA, the results affect both condominium associations and town home associations in Illinois. This amendment is critical to condominium and town home associations as it negates many of the restrictions that were previously introduced by the "Palm Case". (Palm v. 2800 Lake Shore Drive, 2014) You can read an...

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