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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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Annual Budget Notification Requirements - Updated in 2016

The Illinois Condominium Property Act, which is the master set of laws that control condo associations in Illinois, is updated on a regular basis. Any changes to the Act automatically override and supercede rules that may be contained in your association's governing documents. (Declaration / Bylaws) Effective June 1, 2016, one such change to the Act is related to the requirements for when notices must be sent to unit owners when a Board adopts the annual budget. As a Board it is important that you are aware of this change, and follow the new rule, so that any budget that you...

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Workers Compensation Insurance for Condo Associations

Workers Compensation Insurance Workers’ Compensation insurance, sometimes referred to as Workers Comp, is the type of policy most commonly purchased by condo associations that is not required in the Illinois Condominium Property Act. Workers Comp insurance is a type of insurance purchased by employers for the coverage of employment-related injuries and illnesses. Workers Comp is state mandated in Illinois for any employer with “W2’d” employees. If your association directly employs one or more persons, and issues them a W2, you are required to pay for workers compensation insurance. Most condominium associations do not employ traditional employees, but workers comp can still...

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Directors and Officers Insurance

Directors and Officers Insurance In many ways this is the most complex type of insurance policy that a condo association in Illinois is required to maintain. Directors and Officers insurance (D&O) protects board members from damages resulting from allegations of wrongful conduct and lawsuits. It provides legal defense coverage as well as indemnification of damages, up to the policy limits. Unfortunately, board members may make mistakes. Without Directors and Officers insurance, a mistake could be disastrous.  Board members have certain fiduciary duties and fiscal responsibilities when serving in their respective capacity for the Association. They have an obligation not to violate...

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