Illinois community associations deal with construction defect issues frequently, from the moment the association (whether a condo, homeowners, or townhome association) is turned over from the developer with underlying construction defects, throughout their existence, as contractors perform repairs in a sometimes shoddy or unprofessional manner. Our firm is frequently asked by clients, “How do we get the money the association is owed from a contractor damaging the property via substandard work?”. Our answer is (and remains), that the board must file a lawsuit against the contractor. However, these lawsuits can be very expensive and, occasionally (when dealing with a developer who has gone out of business), nearly impossible.
However, a November 2023 ruling from the Illinois Supreme Court (ACUITY, a Mutual Insurance Company v. M/I HOMES OF CHICAGO, LLC) has opened up more opportunities for Illinois condo and homeowner association boards to address the issue. Please see the linked article here for further information