Our firm works with thousands of condominium, homeowner (HOA), and townhome community associations. Along with day-to-day legal concerns, our attorneys also handle unique and complex issues. Below are two examples of recent interesting projects.

Project 1 – Breaking up an association

KSN attorney David Bendoff recently concluded a transaction to separate an Illinois common interest community association into two associations.

The year’s long project involved a number of legal considerations, including:

  • Amending an existing declaration of covenants to carve out lots to be removed from the existing association
  • Drafting a declaration of covenants for the lots to be in the new association
  • Amending articles of incorporation for the existing association
  • Creating articles of incorporation for the new association
  • Drafting deeds to convey common area to the respective associations
  • Drafting documents to obtain the necessary owner approval for the transaction
  • Counseling the client throughout the transaction

 

Project 2 – Percentage of ownership

KSN attorneys David Bendoff and Diane Silverberg successfully concluded litigation to revise all of the percentages of ownership for the units in an Illinois condominium.

Despite varying sizes and values of units, the developer had allocated equal percentages of ownership to all of the units in the association. When the owners could not agree on a reallocation of the percentages, the board sought the assistance of the Circuit Court, pursuant to Section 27(b) of the Illinois Condominium Property Act (ICPA).

The litigation resulted in an amendment to the condominium’s declaration that reallocated all of the percentages of ownership for the units in the condominium. The success of this matter was aided by the collaboration and synergy between KSN corporate and litigation attorneys.

 

Legal Resource

Do not hesitate to contact our law firm if your community association has any legal questions or concerns. Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2022 Kovitz Shifrin Nesbit, A Professional Corporation.