Presented by the ISBA Real Estate Law Section
Live Webcast
Thursday, May 14, 2026
9:00 a.m. – 1:05 p.m.
3.50 hours MCLE credit
This half-day seminar offers a comprehensive guide for attorneys representing both developers and homeowners' associations, as well as an in-depth understanding of the development and platting process, including the issues that can arise with municipal approvals and zoning. Real estate attorneys, civil practice lawyers, construction law practitioners, and local government counsel who attend this online program will learn:
- How to identify the legal and technical requirements for representing developers in mixed-use subdivisions, including managing municipal ordinances, annexation, and coordination with engineers and surveyors;
- How to draft comprehensive Declarations of Covenants, Conditions, and Restrictions (CC&Rs) that clearly define declarant rights, maintenance duties, and governance procedures;
- How to implement effective protocols for securing lien rights, navigating pre-suit requirements, and pursuing foreclosure remedies while overcoming common owner defenses;
- The distinction between service and assistance animals to properly advise clients on documentation requests and accommodation obligations without compromising community standards; and
- The best practices for avoiding common drafting pitfalls and enforcement conflicts.
Program Coordinator/Chat Moderator:
Emily R. Vivian, Ehrmann Gehlbach Badger & Considine, LLC, Dixon
Program Moderator:
Cheryl A. Morrison, Law Office of Cheryl A. Morrison, Mokena
9:00 – 10:00 a.m. Mixed-Use Developments: Making them Work
This session presents the live/work/play concept and other key considerations underlying development of a successful “mixed-use development.” Listen as the presenters discuss the similarities and differences between horizontal mixed-used developments and vertical mixed-use developments; the value of Planned Unit Development (PUD) zoning ordinances for horizontal mixed-use development, which may not apply to vertical mixed-use developments; planning ahead for future separation of ownership of development components; and the importance of internal associations for the Project including, as applicable, homeowner associations, office/commercial user associations, retail merchant associations, and a master association for the Project.
R. Kymn Harp, Buchalter, Chicago
Ted M. Niemann, Schmiedeskamp Robertson Neu & Mitchell LLP, Quincy
10:00 - 10:15 a.m. Break
10:15 – 11:15 a.m. Drafting and Amending Association Documents
This segment discusses how to draft and amend association governing documents for residential developments, focusing on Declarations of Covenants, Conditions, and Restrictions (CC&Rs) and governance provisions. Key topics include structuring declarant and developer rights, defining common areas and maintenance duties, and establishing amendment procedures. The segment also addresses common drafting pitfalls and best practices to ensure all governing documents remain clear and legally enforceable throughout the development's lifespan.
Robert M. Prince, Cervantes Chatt & Prince P.C., Burr Ridge
David Rudolph, Howard & Howard, Chicago
11:15 – 11:30 a.m. Break
11:30 a.m. – 12:30 p.m. Representing Associations
Discover strategies that work for representing HOAs in collection and enforcement cases, as well as how to navigate common defenses raised by owners. Additional topics include: navigating pre-suit requirements, securing lien rights, and executing foreclosure remedies.
Damon M. Fisch, The Law Office of Damon M. Fisch, Naperville
Kenneth A. Michaels, Jr., Bausch & Michaels, LLC, Chicago
Mario A. Sullivan, Johnson & Sullivan, Ltd., Chicago
12:30 – 1:00 p.m. Service Animals in Common Interest Community Properties
This session provides a practical guide to handling service and assistance animals in HOAs and condos, including the legal differences between service animals and emotional support companions. Learn how to navigate fair housing inquiries and documentation requests while identifying potential conflict areas and enforcement boundaries. Best practice tips and practical strategies for advising property managers on meeting accommodation obligations without compromising community standards is also discussed.
Sabina Arutyunyan, Kovitz Shifrin Nesbit, Lincolnshire
For best practices, before attending the program using ISBA's Zoom platform, please visit our Technical Support page.
Program Information
- Fees:
- ISBA Member - $115
- ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
- Non-Member - $250
- New Attorney Member (within the first five years of practice) - $25
- Law Student Members - Free
- Special pricing is available for Legal Service Attorneys.
- If you cannot attend the live web event, a full refund is available, if you cancel your registration up to the start of the live web event on the program page in your “My CLE Account”.
- Please Note: MCLE credit is available to registrants only on the day of this live event – and you must attend the entire program to earn MCLE credit. All registrants will receive access to a recording of the event a few days after the program, but credit is NOT available for the recording.
