Although fees for document disclosures may seem too high, the time and effort to litigate may not be worth it.
Continue Reading Fee Limits for Statutory Mandated Documents – How Much Can the Association Charge?
Marshall Spiegel, the Unit Owner, had been in constant litigation with his Association for over 20 years regarding various matters surrounding the operation and maintenance of the common areas. One of these lawsuits sought to establish set dates in which the community pool was to remain open, among other things. Spiegel and Association agreed to resolve the dispute by entering into a settlement agreement which established set dates that the pool was to remain open and it was further agreed that “[Spiegel is] not to post any documents relating to the 1618 Sheridan Road building on the windows of his unit, [or]… immediately adjacent to any windows of his unit … with the intent that such documents be readable to passersby.”
After the settlement had been reached in 2000, Spiegel continued to post 1618 Sheridan Road-related signs on a mannequin located in close proximity to the window of his ground-level unit, including two in 2014, two in 2018, and then at least twice a month beginning in April 2020 and lasting until June 2020. In June of 2020, Spiegel filed a petition to enforce the settlement agreement because the community pool was not open during the agreed upon dates (due to the on-going COVID-19 pandemic). The Association counter petitioned to enforce the portion of the settlement agreement precluding Spiegel from posting signs relating to 1618 Sheridan Road.
Continue Reading Can you Agree to Waive your First Amendment Rights?
When faced with the question of how much is too much for a “reasonable fee” the US Court of Appeals for the 7th Circuit held that it could not answer the question because the right parties were not before the court.
Keith Horist owned a condominium in downtown Chicago building’s condominium association. Joshua and Lori Eyman also owned a condominium in Chicago, but at a difference association. Both associations hired Sudler Property Management to manage their day-to-day operations.
In 2017 Horist and the Eymans put their units up for sale and found buyers.
Continue Reading How Much Can an Association Charge for Providing Disclosure Documents as Part of a Sale?