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Kovitz Shifrin Nesbit new counsel for Marina City condo association

Co-founder was appointed by Illinois lawmakers in 2007 to recommend condo law upgrades

4-Jun-13 – A Chicago law firm known for its experience with collecting condominium assessments has been hired as the new counsel for Marina Towers Condominium Association.

Kovitz Shifrin Nesbit is a 35-attorney firm based in Buffalo Grove, a northern suburb of Chicago. The firm celebrated its 30-year anniversary on May 1. Co-founder Jordan Shifrin, now retired, has written two books on homeowner associations and has been among top attorneys recognized by Illinois Super Lawyers magazine every year since 2005.

In 2007, the Illinois legislature appointed him chairman of a Condominium Advisory Council that conducted hearings throughout the state – seeking input from condo owners – and made recommendations for changes to the Illinois Condominium Property Act. One of the council’s recommendations was to abolish proxy voting, in which a unit owner gives up his or her vote to someone else, which Shifrin called the act’s “single most abused concept.”

Kerry Bartell Working on general legal matters for MTCA, as of June 1, will be Kerry Bartell (left), who has been with Kovitz Shifrin Nesbit since 1998 and is currently a principal of the firm. Bartell specializes in representing community associations. Her law degree is from Chicago-Kent College of Law, which is affiliated with Illinois Institute of Technology.

“I am confident that a firm such as Kovitz Shifrin Nesbit that specializes in condominium law will be much more efficient than our previous counsel in handling our legal needs,” said MTCA president Ellen Chessick on Monday.

Kerry, says Chessick, “seeks solutions that are equitable to all. This was another key factor in my making this recommendation to the board.“

Meyer hit ground running as MTCA attorney

Bartell replaces Daniel Meyer of O’Hagan Spencer LLC, who had been Marina Towers Condominium Association’s attorney since November 19, 2009. He replaced Ellis Levin, a former state representative in the Illinois General Assembly who had been with MTCA for most of 17 years.

Both Meyer and Levin represented the condo association in a $40 million lawsuit filed against MTCA and other parties in October 2008. The suit was dismissed two months later and again in February 2009. The two also defended the association in a consumer fraud complaint – filed with the City of Chicago by a unit owner at Marina City – that was settled in March 2009.

The owner wanted to see MTCA financial documents, including invoices from Levin. During an administrative hearing on January 13, 2009, Meyer argued that such invoices are subject to attorney-client privilege.

“They are attempting to put my client in the position of choosing between the lesser of two evils,” said Meyer (right) at the hearing. He explained how refusing to make legal invoices available to unit owners would expose a condo association to citations, but showing the invoices would violate attorney-client privilege and deny due process. Daniel Meyer

In September 2011, Meyer wrote to unit owners at Marina City to explain a “marked increase in legal expenses,” saying it was due in part to an increase in litigation resulting from foreclosures. In December, with Dr. Gary Kimmel back at Marina City after serving 17 months in federal prisons for money laundering, Meyer advised the condo association it had no legal means to prevent Kimmel from living there.

In October 2012, Meyer not only provided background and explanations to Marina City Online for changes in condominium rules to accommodate service dogs but also defended MTCA against claims by MCO of plagiarism over text and images borrowed without credit for a soft-cover book that commemorated Marina City’s 50th anniversary as a residence.

In January 2013, Meyer was called on to explain to Marina City unit owners why a petition signed by about 250 people, seeking a special meeting of the condo association, would not be honored.

Kovitz firm represented MTCA in 2007

Kovitz Shifrin Nesbit has worked for Marina Towers Condominium Association before. In 2007, Pamela Park, a senior litigator with the firm, responded to a housing discrimination complaint filed with the Illinois Department of Human Rights over a support dog named Biscuit that was evicted from Marina City’s east tower in 2005. On December 26, 2007, Park wrote to the unit owner, Karlene Petitt, saying she had failed to provide MTCA with sufficient information to support her claim that her daughter was entitled to accommodation under the Fair Housing Act.

Park wrote to Petitt again on January 10, 2008, inviting her to attend an upcoming condo board meeting at which her request would be considered, an invitation that Petitt declined.

One particular specialty of Kovitz Shifrin Nesbit is collecting condominium assessments. A written presentation by the firm on A Board Member’s Guide To Collection Of Assessments covers theories of recovery, collection procedures, recovery of legal and collection fees, bankruptcy, mortgage foreclosure, and liability issues. In the presentation, attorney John Bickley makes the case for avoiding breach-of-contract lawsuits and lien foreclosures and instead filing forcible entry and detainer actions.

“The only issue in this type lawsuit,” writes Bickley, “is whether the owner has or has not paid his or her assessments.”

The presentation was originally written by Dr. Donnie Rudd, who co-authored with Ellis Levin amendments in 1983 to the Illinois Condominium Property Act.

In a 2008 interview with Marina City Online, founder Jordan Shifrin said that while he has clients who are dedicated to their property and increasing its value, he also sees many people serving on condo boards “because it’s a personal power trip…and this makes [them] feel important.”

Jordan Shifrin “Do you like abusing people or are you doing it because you really give a damn about your investment? Do I have boards that are despicable? Absolutely. And should all those people be tossed out on their ear? Yeah. Because everything they’re doing is either self-serving or vindictive.”

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