Keough & Moody, P.C.

 

Chicago                                                                                                                          Naperville

312-899-9989                                                                                                                630-369-2700

info@kmlegal.com                                                                                                         www.kmlegal.com

Volume 4 Number 1January, 2015 
In This Issue
Feature Article
What's the Difference?
Legal Updates
Upcoming Events
Quick Links
 
Like us on FacebookView our profile on LinkedIn
@keoughmoody
 
 
 




  
Happy New Year!  We are excited to bring you our first newsletter of 2015.  As with all New Year's resolutions, we too have resolved to provide you with more content with each monthly newsletter.  To that end, you will see a section this month called "What's the Difference?" which demonstrates that point.  In it, we distinguish between two, commonly used legal terms that are often confused with one another, or considered as interchangeable, when indeed there is a difference.  This month we explain the difference between a small claims case and a Forcible Entry and Detainer case. 

We also resolve to use social media more to deliver timely, relevant and/or noteworthy information to you.  Use the links to the left to like us, connect with us and follow us.


Check out our event schedule below for information on upcoming events and education opportunities. 

It is our pleasure to provide you with this newsletter and the information therein.  We welcome your suggestions for articles or other content which may benefit you this year.  Please feel free to respond to this message and we will gladly consider all comments. 


Lindsey Daehnke
  Marketing Coordinator
   Keough & Moody,P.C.

 
Meet Rachel Nagrant
Attorney at Keough & Moody P.C.

If you had any collection matter with our office in 2014, Rachel brought her considerable legal talents to bear on that matter.  At Keough & Moody, P.C., Rachel tries all of our non-payment of assessment cases, and also oversees all post-judgment collection actions.  We are fortunate to have her on our team continuing to deliver high quality legal solutions for you, and you will see why below.

 

Just some of Rachel's highlights include:

  • Completing her LLM degree in Trial Advocacy and Alternate Dispute Resolution from John Marshall Law School at the top of her class with a 3.96 GPA;
  • Becoming one of the youngest members of the Federal Trial Bar for the Northern District of Illinois in 2013;
  • Owning a 93% win record in the more than 150 bench trials she has conducted in the first four years as an attorney;
  • Briefing and prevailing on six cases with the Court of Appeals for the First District;

Since practicing law is not the only thing that Rachel does, you should also know that:

  • She grew up in Michigan and attended the University of Michigan where she majored in English Language and Literature, with a Minor in Moral and Political Philosophy (go Blue!).
  • She paints and draws in her spare time (her artwork adorns some of our offices!).
  • She took piano lessons for 9 years.  During college, she played at holiday parties and corporate events.  She denies any rumors that she has been spotted playing at Howl at the Moon.
  • After reading To Kill a Mockingbird she decided to become a lawyer when she was 10 years old.  She still strives to read it once per year.
  
What's the Difference:
Forcible Entry and Detainer v. Small Claims
 
One issue that comes up with some frequency, especially when new board members are voted in, are the types of cases that are filed when owners fail to pay assessments. Generally speaking, associations file lawsuits using the Forcible Entry and Detainer Act. However, on occasion, an association will only file a small claims case. The type of case filed determines the relief the association can obtain.

A small claims case seeks a money judgment. The case is based purely on the association's governing documents (the declaration, by-laws and rules and regulations) and, if the association is a condo, the Condominium Property Act. Condominiums are entitled to recover their attorneys' fees in small claims cases. However, non-condos can only recover attorneys' fees if its governing documents specifically grant the association that right.

A case filed under the Forcible Entry and Detainer Act seeks both a money judgment and read more

Don't Forget!

There were many changes in state law which became effective January 1, 2015.  Click here to download a summary of the changes.
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Use the quick links in the menu at the top of this newsletter to download a PDF of Keough & Moody's 2015 version of the Illinois Condominium Property Act, Common Interest Community Association Act and other legislation.  2015 updates are in bold font for easy reference.
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CAM Licensing - Update

Earlier this week, we learned that the proposed amendments to the rules related to manager licensing have been withdrawn.  Though we were hoping to learn the final determination related to continuing education requirements, we will instead continue to wait.  The IDFPR will be reevaluating and reexamining the rules and fee structure for CAM licensing, and plans to initiate a new set of changes to the rules in 2015.
  
Upcoming Opportunities 
to meet attorneys and staff from

Keough & Moody P.C. include:

 _____________________________________________

 

Industry events:

 

CAI

IL Condo - HOA Conference & Expo

Feb 6-7, 2015

Donald E. Stephens Convention Center

Rosemont, IL

 

Gabriella Comstock will be presenting the 

Legal Trends and Case Law Update 

from 9:00 - 10:30am on February 7th.

 

Click here for a Guest Pass/Discount Code.

 

Visit us at booth #806

 

Follow us on Twitter @keoughmoody for additional 

updates leading up to the event and live from the expo floor. 


 Visit www.CAI-Illinois.org for additional information.
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Keough & Moody events:
KM seminars are free to attend.  
Click on the date to see more 
information or to register. 

Planning for Major Projects:
Policies, Procedures & Preparation
11:30am - 1:30pm
10 South LaSalle, Chicago

A panel of professionals in the community association industry, including an Attorney, a Lender and two Architects will discuss the importance of planning for major projects.

  • General requirements of project financing
  • Reserve studies as a budgeting and underwriting tool 
  • Importance of investment policies for long term reserve funds
  • Proper Administration of the project contract 
  • What to do if the project changes along the way
  • Who confirms compliance with municipal codes and life safety requirements
  • Maintenance and repair of building exterior envelopes (facades, fire escapes, roofs)
  • Preparing repair documents
  • Project team communication during construction between owner, architect/engineer, and contractor
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Collection Basics for Associations
Naperville
Thursday, February 19th   6-8pm
or
Friday, March 6th 9:30-11:30am

Review (or learn) the basic processes involved in the collection of past due assessments. Attorney Dawn Moody will discuss the step-by-step actions taken and considerations made in each collection matter. Topics will include:

*The importance of a formal Collection Policy Resolution
*Forcible Entry and Detainer Process
*The Foreclosure Process
*How Bankruptcy impacts Collections
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Advanced Collections for Associations
Naperville
Friday, February 20th 9:30-11:30am
or
Thursday, March 5th 6-8pm

Learn the advanced options available to associations in the collection of past due assessments. Attorney Dawn Moody will discuss remedies available to the Association after a judgment has been obtained through use of the Forcible Entry and Detainer process. Topics will include:

*Renting out units to recover the account balance
*Post-judgment Collection Actions
*Collection after Foreclosure
*How to Collect despite a Bankruptcy

DISCLAIMER 

  Keough & Moody, P.C. ("Keough & Moody" or "we" or "us") provides its newsletter for informational purposes only. The information contained in this newsletter is not legal advice.  Your communication with us through this Newsletter, or by other means, does not create an attorney-client relationship between us. Please do not disclose any confidential information to us in response to this newsletter, or otherwise, because we will have no obligation to keep that information confidential unless and until a formal attorney-client relationship is established with you.  ATTORNEY ADVERTISING MATERIAL.