Hinch Law

I represent some Illinois homeowners associations, and in the past year have seen several for which the association common areas received property tax bills and assessments as if they were privately owned parcels. In one case that was just resolved, I was able to help the association timely appeal the assessment, make our case before the county board of review, demonstrate the error to the county, and achieve a significant tax savings for the HOA and its residents (in that case, the assessed value went from in excess of $100,000 to essentially $0). Here's the reason why: In Illinois, the property tax code (See in particular 35 ILCS 200/10-35 ) contains a special provision for subdivision common areas, specifying that the assessed value of such parcels is fixed at $1.00. For such properties, the valuation of the individual lots in the subdivision is supposed to already account for the value of the common areas and any common area amenities. It does not matter how fancy is the ...

I've previously written about snow removal liability, and particularly the case of Murphy-Hylton v. Lieberman Management Services, Inc. , first at the appellate court and ultimately when the Illinois Supreme Court affirmed the appellate ruling. That case involved ice allegedly forming from a faulty downspout install, not merely removal of naturally accumulated snow. In Hussey v. Chase Manor Condo. Assoc . , the appellate court had occasion to revisit #snowlaw , specifically the Illinois Snow and Ice Removal Act , 745 ILCS 75/2, and its immunity provision. The case involved a plaintiff who slipped and fell while walking across an area that apparently had parking spaces but also excess paved area, which condo residents would walk across to enter the building.  The trial court had granted summary judgment to the association, finding this area to be equivalent to a "sidewalk." What exactly is a "sidewalk?" It's important because the Act grants immunity t...

In a January 27, 2010 opinion the Second District Appellate Court of Illinois held that the immunity granted to associations, building owners, and their agents under the Snow and Ice Removal Act (the Act) (745 ILCS 75/1 et. seq) for negligent removal of snow or ice on SIDEWALKS does NOT make them immune or negligent snow or ice removal on DRIVEWAYS . In this case the snow plowing contractor apparently plowed  single, narrow path up the middle of the  plaintiff's driveway to the garage, such that snow was mounded on each side of the path and also in front of the garage, and allegedly creating a sheer packed ice surface in area plowed.  As a result, the plaintiff could not drive his car into the garage, and instead parked on the street and walked up the plowed path to inspect the snow in front of his garage.  He slipped and fell on the plowed driveway and sustained right distal tibia and fibula fractures. The condominium unit owner then sued the association, t...