Condo and HOA Lawyers
Serving Des Plaines, IL

We keep it simple. Reach out by phone or through our proposal form, and we will review your governing documents and the issue your board is facing. You receive a clear recommendation, either a retainer or a defined-scope engagement, with the fee agreement upfront. After that, your board can reach its attorney directly by phone or email, and we respond within 24 hours. Many of the boards we represent had never worked with counsel before.

We offer two options: a monthly general-counsel retainer with a predictable flat fee for routine questions, or matter-by-matter representation where we scope a specific issue and quote a fee upfront. Under the Illinois Condominium Property Act and the Common Interest Community Association Act, associations have specific statutory tools for recovering legal costs in enforcement and collections matters, which can offset the expense of representation.

A general practice firm handles association questions occasionally. We handle them exclusively. Since 2018, more than 2,000 community association clients across Illinois and Michigan have relied on us, and two of our attorneys, Kevin Hirzel and Matthew W. Heron, are Fellows of the College of Community Association Lawyers, a distinction held by fewer than 200 attorneys nationwide. Boards also get our educational resources: a published Illinois handbook, a blog covering Illinois HOA law, and a monthly newsletter that keeps board members and managers informed.

There are a few situations where legal counsel makes a real difference. If your association is dealing with an owner who refuses to comply with your rules, struggling to collect delinquent assessments, updating governing documents that haven't been revised in years, or responding to a fair housing complaint, those are all situations where having an experienced community association attorney can protect the board and the community association's finances.

The first step is evaluating whether your community association's directors and officers insurance policy covers the claim. Coverage depends on the policy and the type of lawsuit - some claims, particularly those seeking non-monetary relief, may not be covered. Our attorneys can review your policy, determine what is and is not covered, coordinate with the carrier, and represent the community association's interests in the litigation. Common owner lawsuits involve challenges to enforcement actions, election disputes, claims of breach of fiduciary duty, and requests for access to association records. Having experienced community association counsel from the start can make a significant difference in how these cases resolve.

Illinois law gives associations a structured path. It typically starts with a demand letter from the association's attorney, which alone often prompts payment. If that fails, condominium associations have an automatic statutory lien covering unpaid assessments, fines, interest, and attorney fees, and the association can pursue an eviction action. Because collection costs can be recovered from the delinquent owner, enforcement often does not come out of the association's operating budget. Most boards we work with are surprised how quickly matters resolve once an attorney is involved.

Illinois law supports a measured, escalating approach. Document the violation, then issue a written notice identifying the provision breached and the corrective action required. Many issues end there. If not, the board can impose reasonable fines, restrict amenity access, or pursue court action. The most common mistake we see is inconsistent enforcement, which can undermine the association's authority. Our attorneys help boards build an enforcement process that holds up.

The process depends on what you are amending and how your community is organized. For Illinois condominiums, declaration amendments generally require approval of two-thirds of unit owners, unless your declaration sets a different percentage. For homeowners associations, amendments pass at the percentage stated in the declaration, and boards can often amend bylaws and rules on their own when authorized. Once approved, amendments must be properly drafted and recorded to be enforceable. We handle the full process, from drafting through the owner vote and recording.