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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 be a smart...

Earlier this month the Illinois Appellate Court issued an order that is causing quite a stir in condo association circles. Palm v. 2800 Lake Shore Drive is a case that relates to how boards of condo associations conduct their business. Specifically, how board members communicate and make decisions. On the surface the ruling appears to introduce an incredible level of difficulty to the process that a board must follow in order to perform their duties. Many of the updates that I have read from attorneys and other professionals in the industry seem to enforce the idea that the life of a...

Condo foreclosures, delinquencies and the new 9 months rule (Illinois Senate Bill 2664, ISBA FORECLOSURE BILL) If you are a member of a condo board then you will eventually be forced to deal with owners that are delinquent in their payment of their monthly assessments. Unfortunately, severe assessment delinquency is often coupled with an impending foreclosure. After all, if a unit owner is not making their monthly assessment payment to the association, it's a good bet that the owner is struggling to pay their mortgage. If a foreclosure occurs within your association you have a financial interest in handling the situation...

Illinois House Bill proposes mandatory payment plans for delinquent owners HB 4154 (Rep. Madigan and Rep. Kifowit)ALTERNATIVE PAYMENT OF DELINQUENT ASSESSMENTS. Overview of the bill This bill proposes the creation a new Sec. 1-47 of the Common Interest Community Association Act which would mandate that common interest communities of more than 14 units adopt “reasonable guidelines” for delinquent owners to pay regular and special assessments. The bill would require the association to adopt and record in the county recorder’s office guidelines for a payment plan. The payment plan would need to be a minimum of 3 months and not extend greater...

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 or breach these fiduciary...