Condominium Association Liability for Failing to Maintain Common Elements

Condominium Associations can be liable for claims by unit owners for the association’s failure to maintain the building’s common elements. Last week an Illinois Appellate court ruled that a unit owner whom the condominium association sued for failing to pay assessments could offset the amount she owed by the condominium association’s failure to maintain the common elements. In the case…read more →

Mortgage Foreclosure Mediation

The mortgage foreclosure mediation program in Cook County has resulted in some success for homeowners. A recent article in the Illinois Bar Journal  describes the program, the process and the results. While participation in the mediation process certainly does not guarantee that you will be able to keep your home through a loan modification it does provide a way to…read more →

Summer Interns – A Benefit or a Liability

Summer interns may be a good opportunity for both your business and the intern, but if the interns are not paid you may be exposing your business to significant liability. The U.S. Department of Labor applies a six factor test to determine whether a for profit business may have an unpaid intern. A copy this test and the Department of…read more →

A Will with Unintended Consequences

A recent Florida court case illustrates what can result from a poorly drafted Will.   The case describes how a woman wrote a Will using an “EZ-Legal Form.” Her Will contained a very specific list of her real estate and bank accounts and left that property to her sister and brother.  The Will did not contain what is known as…read more →

Powers of Attorney for Property Should be Taken Seriously

In the Chicago Tribune a letter to columnist “Dear Annie” illustrates important concerns about Powers of Attorney for Property. Below is a link to the story. Her children sold her house and possessions Briefly, an 80 year old woman was in the hospital for a very serious illness and she was not expected to survive. Fortunately, she did recover.  Unfortunately,…read more →

New Requirement for Illinois Landlords

Landlords in Illinois will be required next year to change or “rekey” the locks before a new tenant moves in. Here is link to the new lock changing law.  There are only limited exceptions to this law including rooming houses and buildings with four or fewer units where the owner lives in one of the units.  If the landlord…read more →

Interns – A Benefit or a Liability – Update

Last week, on April 28th a Federal appellate court issued a decision on whether students working in a school affiliated nursing home should be considered employees.  The court’s ruling disregarded the Department of Labor’s six factor test about whether an student serving an internship should be classified as an employee.  Last June, I wrote an article about the six factor…read more →

Government Targets Business Owners for Employee Work Eligibility

Business owners, particularly in the food service industry may want to review their employee work eligibility status.  A recent article in the Wall Street Journal titled Immigration Crackdown Widens With Criminal Probe and Arrests at Restaurant Chains highlights recent government investigations and in one case criminal prosecution relating to hiring illegal immigrants.As the article notes the government’s focus previously had…read more →