Joseph W. Scharnak

Joseph W. Scharnak represents condominium and homeowners associations, real estate investors and developers and financial institutions in a variety of legal matters. Having previously represented many of Chicago’s largest condominium developers throughout the “Condo Boom” of the early 2000s, Joseph possesses a unique understanding of the challenges homeowners associations will face from their inception, including: addressing construction defects; negotiating with developers throughout development and turnover; and providing support to newly elected board members.

Experience

Joseph strives to continually educate and guide association board members and property managers as they make decisions that impact their neighbors and communities. To that end, he provides the following services to condominium and homeowners’ associations:

  • Interpretation of the association’s governing documents, the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act
  • Review and updating of the association’s governing documents to comply with current law
  • Collection of unpaid assessments by homeowners
  • Protection of the association’s interests during foreclosure of units within the association
  • Review and negotiation of service contracts (management, landscaping, snow, security)
  • Review and negotiation of loan documents
  • Drafting of rules and regulations for proper operation of the association and use of common areas
  • Drafting of amendments to governing documents to suit the association’s changing needs
  • Resolution of issues with homeowners (noisy neighbors, leaking pipes, nuisances)
  • Resolution of issues with developers (construction defects, improper reserve funding)
  • Resolution of issues with the city or county (building code disputes, zoning variances)
  • Defense of claims against the association (housing discrimination, labor, employment)
  • Reduction of real estate taxes
  • FHA loan certification
  • Filing of annual report and registered agent services
  • Preparation of tax audit letters
  • Assistance with board meetings
  • Assistance with risk management policies

 

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