Condominium & Homeowners Associations
The law governing homeowners associations and condominium associations is always evolving and every claim is uniquely different. Claimants in these cases, often enough members of the association, act on emotion and become entrenched in their position early on in the dispute, invoking words like “principle” and “unfair.” The context within which these claims are brought and the closeness in relationship between the parties (they share the same roof or the same patch of grass, after all) can make these claims particularly difficult to resolve.
We approach each case with an open mind, recognize that there is no “one size fits all” solution to homeowners’ disputes and develop creative solutions to reduce defense costs and restore amicability to the association as quickly and efficiently as possible.
Homeowners and condominium associations appreciate our approach to resolving their claims. In addition to defending more traditional claims for breach of fiduciary duty and fraud under an association’s directors-and-officers policy at the behest of several national D&O insurers, we also serve as general counsel to a number of associations – both big and small – in Northern Illinois. In this capacity, we provide advice and counseling to associations on issues that arise in day-to-day operations, negotiate contracts with vendors, advise the association on disputes internal to the board or with unit owners with a goal of litigation-avoidance, defend mortgage foreclosure actions (including the counter-prosecution of claims to foreclose liens for unpaid assessments), and prosecute actions for possession under Illinois’ Forcible Entry and Detainer Act.