Association May Be Liable for Member’s Slip-and-Fall Injury

Facts: When a member arrived home after being gone for two days, he slipped on a puddle of water that had accumulated on his kitchen floor and he broke his wrist. The puddle of water had come from his sink, which had overflowed due to a sludge blockage in the building's drainage line. There is no dispute that maintenance of the drainage line was the responsibility of the condominium association.

Association May Be Liable for Disability Discrimination

Facts: A member with a hearing disability sued an association for allegedly failing to provide reasonable accommodations that would allow her to communicate effectively during meetings. The member requires some form of accommodation to participate in certain community events.

Association Not Liable for Racial Discrimination

Facts: A member sued the association and the management company for racial discrimination. She claimed that the association failed to take action on complaints she filed against neighbors from 2003 to 2007. These were mainly complaints against neighbors for having a home-based welding business and for unsightly conditions, structures, and objects, even though she was cited for having a religious cross displayed on her property.

Comment Period Ends on FHFA Proposal

On Oct. 15, 2010, the public comment period closed on the Federal Housing Finance Agency's (FHFA's) proposal to ban private transfer fees. If adopted, as many as 11 million homeowners could find it difficult to sell their homes if the federal government moves forward with plans to ban so-called private transfer fees, according to the Community Associations Institute (CAI).

Member’s Drunken Behavior Admissible in Negligence Case

Facts: A condominium development consists of two sections. In 2000, the association decided to replace the wooden enclosure fences in the first section with vinyl fencing. Upon learning that the association intended to replace the fences in only the first section, a member in the second section contacted the management office and requested that her fence be replaced as well.

Avoid Common Space Storage Room Hassles with License Agreement

Many condominium associations provide storage rooms or lockers for their members for a fee. This is one way for an association to generate additional monthly income and provide a nice amenity for members living in smaller units.

Association Not Liable to Investor-Member for Water Damage

Facts: In 2006, an association contracted with a roofing company to replace all the condominium building roofs in its community. The roofs had sustained hail damage and were leaking. The company performed the work, addressing the problem not by replacing the existing roofs, but by building metal roofs directly over the existing ones. However, the newly installed roofs began to leak, causing interior water damage.

Association Not Liable for Member’s Drowning

Facts: A 73-year-old member died while swimming in a circular pattern at the community's indoor pool, which ranged in depth from three to five feet. At the midpoint of the pool, she began to struggle and went completely underwater and drowned. The incident was documented on the association's surveillance camera footage.

Association Not Liable for Contractor’s Full Invoice Amount

Facts: A member operates a landscaping company. The association distributed a request for estimates for lawn care services on the community's common areas for the following spring, summer, and fall seasons. In response, the member submitted an estimate of $5,180. Although the member and the association never executed a formal written contract, the member performed certain lawn care services for the association.

Illinois Governor Signs New Solar Energy Law

Illinois Governor Patrick Quinn recently signed into law two bills designed to dramatically increase the state's solar energy. House Bill 6202, referred to as the “Solar Ramp-Up Bill,” passed the Illinois General Assembly on May 27. House Bill 5429, sponsored by Rep. Sara Feigenholtz (D-Chicago) and Sen. Michael Noland (D-Elgin), initiates the Homeowners’ Solar Energy Act to protect the rights of individual homeowners to install solar energy panels on their personal property.