Due to the COVID-19 pandemic, Cook County courts have been closed since March 23, 2020. As a result, the timeline for action by condo boards related to collection lawsuits and for owners facing foreclosure action by lenders has been extended considerably. Here is a current update on the status of such legal action: 

  • The Cook County Court announced on May 27th that Chief Judge Evans will be extending the closure of the Cook County Courts until at least July 6th to allow for personnel to put a plan in place for the safe reopening of the courts. The court will hear civil emergency matters only. This date is subject to change.
  • The Cook County Sheriff was ordered to cease enforcement of residential eviction orders until further order of the court. Orders expiring before July 6, 2020 are extended 60 days from the current expiration date but not later than August 17, 2020.
  • Currently there is a moratorium on final judgments and executions of judgments in mortgage foreclosure proceedings. All mortgage foreclosure judgments, evictions and foreclosure sales are stayed until July 19, 2020.

New lawsuits for delinquencies can be filed, however. Boards should continue to monitor and address owner delinquencies appropriately.

Check out these recordings of two, recent legal updates for condos that address operations during the COVID-19 crisis.

  1. CAI Illinois Live Legal Update
  2. Don't Panic Because of the Pandemic

Chicago Condo Law Firm, Kovitz Shifrin Nesbit (KSN), has launched a podcast. 

The podcast examines various aspects of condo law, including association law, landlord/tenant law, property tax appeals, and more.

In each episode, KSN attorneys will discuss legal updates, best practices, and industry trends. Most recently, they have added a podcast discussing how boards should handle assessment collection during COVID-19.

Check it out, here

 

Lately, many association boards have been using video and/or telephone conferencing to conduct business and hold meetings.

However, associations are required to adopt rules and regulations well ahead of board elections to permit electronic voting. Boards will face added challenges if they have upcoming elections but no rules in place for allowing electronic voting.

If an association doesn’t currently have an electronic voting rule in place, then the board should maintain the status quo and delay an election until it can be held in-person. 

Learn more here

 

An effective remote meeting is one where board business can be completed for the association while still meeting legal requirements, and keeping everyone safe.

Here are some tips for conducting effective remote meetings:

1. Try to find a conferencing service with a call-in option so that people without computers can still participate.

2. Remind everyone about common conference call courtesy before starting meetings.

3. Make time for Board introductions.

4. Make and stick to an agenda.

And, here are some reminders for running a remote board meeting that meets legal requirements:

1. You must give proper legal notice to owners.

2. Unless your community falls under CICAA, you do not have to hold a homeowner forum.

3. You must record the meeting minutes.

Learn more, here

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Legal Updates: Illinois
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