Governor Pritzker has signed legislation that will legalize the recreational use of marijuana in Illinois starting January 1, 2020.

This legislation amends the Illinois Condominium Property Act by addressing the ability of condominiums to regulate the smoking and consumption of cannabis.

Condominiums can prohibit or limit the smoking of cannabis, but they are not allowed to otherwise restrict the consumption of cannabis by any other method.

Second hand marijuana smoke will likely  increase “nuisance” complaints from residents. Associations should be proactive in considering and addressing these complaints.

Associations should consider the following to be proactive:

  1. Adopt an amendment to prohibit the smoking of tobacco and cannabis on the property
  2. Adopt an amendment to restrict consumption of cannabis by other methods in common areas
  3. Adopt rules to address secondhand marijuana smoke

Read more here.

Living in close proximity to others means that noise is an inevitable reality of condo living.

However, there are ways to control noise and foster a peaceful condo environment. Here are some things to keep in mind to reduce or control noise in your condo unit:

  1. If you are installing hard flooring such as wood, ceramic, or stone tiling, be sure to first install a sound barrier to reduce noice.
  2. If you are mounting a television, make sure it is an interior wall instead of a wall you share with neighbors.
  3. Be mindful of the time and day that you are making noise or having construction done in your unit to be considerate of others.

To learn more, click here.

Rules and regulations allow associations to maintain property values and protect the quality of life of residents. However, many associations have rules that are unnecessarily complicated, difficult to enforce, or violate laws.

An association’s rules and regulations should be:

  1. Reasonable
  2. Consistent with laws and governing documents
  3. Formulated with community input
  4. Put in writing
  5. Distributed periodically
  6. Unambiguous
  7. Easy to follow
  8. Only developed if necessary
  9. Enforced uniformly
  10. Used to educate owners about what they should do instead of what they shouldn’t do.

It's always a good idea to have your Rules & Regulations reviewed by a condo/community association attorney before approving. To learn more, click here.

Courtesy of Elliott & Associates Attorneys, P.C.
www.elliottlaw.com

Cook County’s second installment of tax bills have been mailed and are due August 1, 2019.

Here are the trends that may affect your tax bill:

  1. All properties in Chicago were reassessed last year and the highest value homes and condos saw the largest assessment increases.
  2. Taxes for commercial properties increased much more than homes and condos.
  3. The suburbs were not reassessed in 2018 so tax increases are modest.
  4. Due to major disruptions, appeals didn’t receive the reviews they deserved, mistakes were made, and many appeals were denied. This will likely lead to a large amount of third level appeals to the Property Tax Appeal Board for 2018 and more Assessor and Board appeals in 2019.

The Cook County Clerk recently published a detailed report discussing the 2018 tax rates. Click here if you would like to read a copy of that report.

As you receive your tax bills, be sure to remain vigilant in monitoring your assessment, strategic in convincing assessing officials, and persistent in pursuing your case.

Getting members to participate in board member elections can be very difficult. However, the more convenient you make the process, the more likely members are to participate. Electronic voting is not only convenient, but it can also save the association money.

The Board must adopt a rule to allow for electronic voting at least 120 days before the board election. If an electronic voting rule is adopted for board elections, unit owners may not vote by proxy in board elections but may vote only by submitting an association-issued ballot in person at the election meeting.

Additional requirements for an electronic voting rule include:

  1. Instructions for electronic voting must be distributed to all unit owners between 10 and 30 days before the election meeting
  2. The instruction notice must include the names of all candidates
  3. The instruction notice must give unit owners at least 21 days before the deadline for nominating a candidate
  4. The instructions must explain that votes can still be cast in person

To learn more, click here.

 

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