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Condominium Association Governance After P.A. 99-0567

In 2014, the First District Illinois Appellate Court sent a seismic wave through the community of condominium/HOA attorneys, managers, and boards in Palm v. 2800 Lake Shore Drive Condominium Association (“Palm II”). In it, the Court all but outlawed informal communications among board members on association matters and blocked many board efforts to delegate authority to property managers. The presenters explain the issues the court faced, detail how it interpreted portions of the Illinois Condominium Property Act to address them, and outline how association attorneys, managers, and board members have been forced to adapt. They also discuss how legislation has begun to change state law to counter some of the most drastic effects of the ruling and provide best practices for navigating them. Finally, they will identify issues still looming, and potential legal and practical responses.