Best Practices & Pitfalls to Avoid for Levying Fines
Includes a Live Web Event on 01/15/2025 at 12:00 PM (CST)
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- Non-Member Homeowner Leader - $35
- Non-Member Manager - $85
- Non-Member Management Company - $85
Duration: 1 hr
CE Credits: 1
Legal challenges to fines levied against unit owners are on the rise, and recent cases show the importance of following proper procedures when levying fines. This presentation will cover (i) a summary of the legal requirements and proper process for holding violation hearings and levying fines; (ii) takeaways from recent cases challenging fines levied by condominium boards for violative conduct by owners; and (iii) recommended best practices and pitfalls to avoid in order to ensure that fines are properly levied and minimize the risk that fines will be challenged and overturned in court.
Adam Kahn
Levenfeld Pearlstein
Adam is an associate in the Community Association Group. He helps cooperative, condominium, and homeowners associations navigate a variety of legal, financial and commercial issues. Whether attending board meetings and offering common sense solutions to governance challenges; reviewing, negotiating and modifying various agreements; or advising his association clients on enforcement of governing documents, Adam is a pragmatic, trusted advisor with a patient and fair approach to problem-solving.
Prior to joining Levenfeld Pearlstein, Adam worked at a New York boutique real estate firm where he offered practical, comprehensive legal advice to community associations. Treating each of his clients as unique, Adam takes a holistic approach to advising community associations. He focuses his practice onreviewing, negotiating and modifying governing documents, lease agreements, policy documents and commercial contracts. Adam’s clients usually request his attendance at monthly board meetings, where his level head and industry acumen prove instrumental in effective policy-making and business planning.
Adam was presented with the Minister Gloria Jean Fowler Angel Award in his final year at Emory University School of Law, which recognizes one student who embodies the kindness and grace of former Emory employee Gloria Jean Fowler.
Laura Marinelli
Levenfeld Pearlstein
Laura Marinelli is a partner in and leader of the Community Association Group of Levenfeld Pearlstein. She has extensive experience representing condominium associations and common interest community associations in complex litigation matters involving various injunctive and equitable remedies, as well as covenant enforcement, developer issues, mixed use property disputes, and breach of fiduciary duty matters.
Laura advises community associations on issues related to the association's governing documents, the Illinois Condominium Property Act, and the Illinois Common Interest Community Association Act. She also helps associations resolve issues with homeowners, developers, and city/county agencies. She helps associations collect unpaid assessments and represents associations during foreclosure proceedings.
She also assists with board meetings, membership meetings, board elections, and rule violation hearings. She also has extensive experience in general and commercial litigation. She has represented entities and individuals in complex litigation matters in both state and federal court from inception through both bench and jury trials, as well as on appeal. Laura’s litigation experience includes numerous matters seeking equitable relief, including temporary restraining orders as well as preliminary and permanent injunctions.
Her litigation experience includes matters relating to non-compete agreements, probate disputes, partnership agreements, breach of contract, and real estate matters. Laura also represents clients in matters involving violations of Fair Housing laws before both the Illinois Department of Human Rights and the Chicago Commission on Human Relations.
Laura was a 2019 Fellow for the Leadership Council on Legal Diversity, was named as a Leading Lawyer for Real Estate Law: Associations and Condominiums in 2018 and 2019, and was named to the Illinois SuperLawyers Rising Stars list from 2011-2015.