Attorney Kelly Elmore is a Principal at KSN who advises condominium, homeowner (HOA), and townhome community associations on all aspects of corporate law including: association contracts, amendments to declarations and by-laws, covenant violations/rule enforcement, the architectural review process, the special assessment process, board elections, assessment collection, foreclosures and bankruptcy issues, developer turnover, construction defect disputes, and contract review.
Kelly is also a member of the firm’s Litigation Department. As an active trial lawyer for over seventeen (17) years, Kelly focused on representing and defending condominium, homeowner (HOA), and townhome community associations in various court actions ranging from state court to federal court. Kelly has represented condominium, townhome, and homeowner associations in cases brought against Board members for breach of fiduciary duty and violation of state law from owners. Kelly has also represented community associations in cases against developers for defective construction. Additionally, she prosecutes covenant and rule violations on behalf of associations, enforces the payment of assessments, and represents Associations in various housing discrimination matters.
Kelly is the Chair of the firm’s Deconversion Department and advises condominium associations on the complex process of condominium termination or deconversion (“Section 15 sale”). In this process, a buyer or developer purchases a condominium property and removes the property from the provisions of the condominium regime, often converting the property into apartment rentals. Considered by many in the industry to be the leading authority in the deconversion process, Kelly is a regular guest speaker and panelist for various industry lectures, seminars and panel discussions. Notably, Kelly has recently been featured in a number of leading Chicago publications on this topic, including the Chicago Tribune, Crain’s Chicago Business, the Chicago Gazette, and The Real Deal. Kelly has been a frequent lecturer for Strafford Publications on the topic of deconversions throughout 2022-2023.
Kelly has extensive experience defending condominium associations from actions brought before the Illinois Department of Human Rights, the City of Chicago Commission on Humans Rights, as well as building code violations brought before the City of Chicago.
Kelly is the author of a number of publications for various community associations, including: CAI (Community Association Institute), ACTHA, and Common Interest Magazine. In addition, Kelly is a frequent lecturer and guest panelist on various association issues for annual CAI legal forums and tradeshows for Indiana and Illinois, ACTHA tradeshows/educational programs, the Cooperator Expo, and the Chicago Property Management Condo & HOA Expo.
Kelly was selected as a 2017 and 2018 Illinois Emerging Lawyer, identified by her peers to be among the top lawyers in Illinois who are age 40 or under and who have proven themselves to be professional, ethical, and experienced at an early point in their legal career. Kelly served as a Co-Chair of the Chicago Bar Association, Young Lawyers' Section Real Estate Law Committee (2011-2015); as a member of the Chicago Bar Association Condominium Law Subcommittee (2006-2023); and as a member of the Association of Condominium, Townhouse & Homeowners Associations (ACTHA) Legislative Committee (2008-2018).
Kelly was elected to the Board of Directors of the CAI Central Indiana Chapter in 2020, where she was elected as the President-Elect (2021-2022), and President of the Chapter (2021-2022). Kelly serves as the Chair for the Golf Committee for CAI Indiana (2022-2023). In 2022, Kelly was elected Chair of the CAI Indiana Legislative Action Committee (2022- 2023) where she is actively engaged in drafting legislation intended to shape the laws for Indiana HOAs and community associations.
February 2018: Crain’s Business Article on KSN’s closure of largest deconversion in City of Chicago
October 2017: Article for Condo Lifestyles magazine, “Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process"
August 2014: Article for Kovitz Shifrin Nesbit Newsletter, “New Legislation to Allow Community Associations to Use Electronic Notices and Voting,” discussing the enactment of legislation providing for electronic notices and permitting the use of technology in voting.
August 2014: Article for Kovitz Shifrin Nesbit Newsletter, “New Legislation to Allow Community Associations to Use Electronic Notices and Voting,” discussing the enactment of legislation providing for electronic notices and permitting the use of technology in voting.
September 2013: Article for Kovitz Shifrin Nesbit Newsletter, “Illinois Firearm Concealed Carry Act and Potential Effect on Community Associations,” discussing the enactment of the Illinois Firearm Concealed Carry Act and the potential ramifications for community associations.
August 2013: Article for CAI Common Interests Magazine, “Bumper to Bumper Controversy: Accessible Parking in Community Associations” discussing the provision of accessible parking in community associations and responses to accommodation requests.
June 2013: Article for Kovitz Shifrin Nesbit Newsletter, “Accommodation Policies in Associations,” generally discussing the trend of implementing accommodation policies in community associations to address requests for accommodation of a handicap or disability.
May 2013: Article for CAI Magazine, “The World is Hooked on the Internet,” discussing the legal profession’s adaptation to technology in order to keep up with today’s internet-driven society and discussing the forms of technology used by common interest associations, including condominium and townhome associations.
Winter 2013: ACTHA Newsletter: Question of the Month: Discussing the restrictions on owners from running businesses in community associations.
August 2012: Article for Kovitz Shifrin Nesbit Newsletter, “Directors and Officers Liability Insurance for Community Associations,” discussing D&O insurance liability coverage for community interest associations and how to easily identify and submit potential claims.
November 2011: Q&A for The Chicagoland Cooperator: Not Following the Rules. This article discusses the duties of board members in a cooperative association and the requirements for conducting elections amongst the shareholders.
Speaking+
May 17, 2023: Presenter for CAI Central Indiana seminar “Board Leadership.”
April 29, 2023: Panelist for CAI Central Indiana Law Symposium “Running Effective Board Meetings and Dealing with Disruptive Owners.”
April 4, 2023: Presenter for Sentry Management, Indiana on “Indiana Covenant Enforcement.”
April 6, 2023: Presenter for CASI- Associa Indiana on “The Architectural Review Process and Covenant Enforcement.”
March 22, 2023: KSN Webinar Presentation for Indiana and Illinois on “Business Decisions & Contracts.”
November 10, 2022: Panelist for CAI Central Indiana Attorney Panel.
October 26, 2022: Presenter for CAI Central Indiana seminar “Rule and Covenant Violation Enforcement.”
April 20, 2022: Panelist for CAI Central Indiana Seminar “Indiana Grievance Resolution Process.”
March 16, 2022: Presenter for CAI Central Indiana for the CAI Board Leader Certificate Course on the topics of Governing Documents, Board Duties, and Directors and Officers Liability.
October 13, 2021: Panelist, "4th Annual Deconstructing Deconversion Summit", REJournals.
September 29, 2021: Panelist, "Effective Annual Meetings" CAM Webcast, Community Associations Institute Indiana.
September 22, 2021: Panelist, "Effective Annual Meetings" HOA Webcast, Community Associations Institute Indiana.
September 8, 2021: Presenter, "Elections" Webinar, KSN.
August 25, 2021: Presenter, "Condominium Deconversions" Webinar, KSN.
April 28, 2021: Presenter, "Social Media" Webinar, KSN.
March 24, 2021: Presenter, "Business Decisions and Contracts" Webinar, KSN.
January 28, 2021: Presenter, "Indiana Legal Updates" Webinar, KSN.
December 10, 2020: Presented a webinar on Condominium Deconversions for the DuPage County Bar Association's Real Estate Law & Practice MCLE Remote Program
August 4, 2020: Host & presenter, “Electric Cars & License Plate Readers in Indiana” Webinar, KSN.
July 22, 2020: Panelist, "Association Financial Management: Budgeting, Reserves & Financial Statements" Webcast, Community Associations Institute of Indiana (CAI-IN).
July 7, 2020: Host & presenter, “Social Media in Community Associations” Webinar, KSN.
May 29, 2019: Panelist for the REJournals Condominium Deconversions seminar “Deconstructing Deconversions,” addressing best practices related to Section 15/sale of all unit transactions for associations, buyers, real estate brokers, property managers and board members.
February 23, 2019: Presented a seminar on “Building Code Violations” at the Chicagoland Property Management Condo & HOA Expo.
December 13, 2018: Guest panelist at the CondoLifyestyles State of the Industry Event discussing the topic of deconversions and other Association issues.
October 18, 2018: Panelist on REJournals Condominium Deconversions seminar addressing best practices related to Section 15/sale of all unit transactions.
March 10, 2018: Panelist for an educational seminar for the Illinois chapter of CAI (Community Associations Institute) entitled “Hot Topics,” discussing current association industry issues.
March 23, 2016: Presented a CAMICB approved seminar on “Legal Updates” at the Chicagoland Property Management Condo & HOA Expo.
January 21, 2015: Guest speaker for the CAC-RCI Annual Meeting, presenting a seminar entitled “Construction Litigation in Condominium Associations: A Case Study.”
November 2, 2014: Guest panelist of legal experts for a management-hosted seminar entitled “Chicago Legislation & Law Update for Communities” discussing Board business following the Palm v. 2800 Lakeshore Drive Condominium Association and other legislative updates.
August 19, 2014: Host a KSN seminar entitled “The Palm Case: Useful Tools to Keep your Association Operating” discussing Board business in the aftermath of the Palm v. 2800 Lakeshore Drive Condominium Association decision.
May 8, 2014: Hosted a KSN seminar entitled “The Aftermath of Palm: The Sky is Not Falling” discussing the court ruling in Palm v. 2800 Lake Shore Drive Condominium Association and how this decision affects condominium associations.
May 6, 2014: Hosted a KSN Webinar entitled “Top 10 Tips for Community Associations” proving practice tips for board members and property managers in the running of a community association.
February 25, 2014: Hosted a KSN seminar entitled “Pipe Bursts in Condominium Associations: Don’t Freeze When it’s Time to Respond,” discussing common issues and questions that arise following a pipe burst situation in homeowner associations and tools for addressing property damage in units and common elements.
February 22, 2014: Hosted a presentation sponsored by CAI-Illinois, entitled “Allocating Association Funds Intelligently,” discussing how community associations fund and pay for the administration of the association. This was Part II of a series addressing the administration and funding of a community association.
November 7, 2013: Hosted an ACTHA Webinar entitled “Legislative Updates” detailing recent changes to legislation and recent court decisions affecting community associations.
October 19, 2013: Moderator of a seminar hosted by the Chicago Bar Association, Young Lawyer’s Section, Real Estate Committee Seminar, entitled “Accommodation Issues Affecting Real Estate,” discussing Fair Housing laws and accommodations in community associations.
October 22, 2013: Legal expert panelist for the 2014 Cooperator Conference and Expo on the topic of “Association Budgets and Special Assessments.”
October 18, 2013: Panelist for an educational seminar for the Illinois chapter of CAI (Community Associations Institute) entitled “Social Media & Technology in Your Association,” discussing social media within associations and the corresponding issues that affect community associations as a result of this type of media.
July 31, 2013: Hosted a KSN webinar presentation entitled “Association Budgets: How to Keep the Ship Afloat” discussing the special assessment process and tips for community associations to avoid unanticipated expenditures.
March 7, 2013: Hosted a KSN webinar presentation entitled “Directors and Officers Liability Insurance,” discussing the use of directors and officers liability coverage in community associations.
January 9, 2013: Hosted an ACTHA Webinar entitled “Short Sale Negotiations” outlining the short sale and foreclosure processes, considerations for Board members during the short sale process, and discussing how associations can maximize recovery of past due assessments in a short sale transaction.
November 14, 2012: Hosted a presentation at the Chicagoland Cooperator Condo, HOA and Co-Op Expo, sponsored by CAI-Illinois, entitled “Foreclosures: The Aftermath… Rentals, Rehabs, and Responsibilities” for community association boards and property managers, addressing the issues of how to manage units in collection and foreclosure, and addressing rentals in associations following a foreclosure sale.
November 8, 2012: Guest speaker for a management-hosted seminar discussing the topic of leasing restrictions, rentals in Associations, Directors & Officers Liability Insurance and nuisances.
October 23, 2012: Moderator for a seminar for the Chicago Bar Association, Young Lawyer’s Section, Real Estate Committee Seminar, entitled “The Chicago Residential Landlord & Tenant Ordinance: An Overview for Representation of Landlords, Tenants and Condominium Associations,” navigating the rental process for landlords, tenants and condominium associations in Chicago.
Awards+
Selected as a 2017 and 2018 Emerging Lawyer in Illinois by Leading Lawyers. Emerging Lawyers are made up of the top 2% of lawyers who are age 40 or younger or who have been admitted to the practice of law for 10 or fewer years and have proven themselves professional, ethical, and experienced at an early point in their legal career.
Podcasts+
"2024 Legal Updates Impacting Indiana Community Associations: Part 2" - KSN attorneys Kelly Elmore and Jonathan Crowell discuss important 2024 legislative updates impacting Indiana condominium, homeowner (HOA), and townhome associations. Topics include beekeeping regulations, Lemonade Stand bill, false liens, board member responsibilities, and more. (30 mins.)
"2024 Legal Updates Impacting Indiana Community Associations: Part 1" - KSN attorneys Kelly Elmore and Jonathan Crowell discuss important 2024 legislative updates impacting Indiana condominium, homeowner (HOA), and townhome associations. Topics include Federal Corporate Transparency Act (CTA) legal requirements, deadlines, penalties, and board member responsibilities. Kelly and Jonathan also address new Fannie Mae and Freddie Mac lending requirements, questionnaires, reserves, and more. (34 mins.)
"Short Term Rentals in Indiana Community Associations" - KSN attorney Kelly Elmore discusses short term rentals in Indiana condo, homeowner (HOA), and townhome associations. Topics include rental restrictions, owner occupancy requirements, lease terms, fines, enforcement procedures, and more. (29 mins.)
"Budgets and Reserves" - KSN attorneys Kelly Elmore and David Savitt discuss budgets and reserves for condominium, homeowner (HOA), and townhome community associations. Topics include inflation challenges, expenses, capital improvements, special assessments, reserve studies, best practices, and more. (53 mins.)
"Business Decisions and Contracts in Illinois and Indiana Community Associations" - KSN attorney Kelly Elmore discusses business decisions and contracts in Illinois and Indiana condominium, homeowner (HOA), and townhome community associations. She addresses capital improvements, contract terms, liens, warranties, indemnification, and more. (56 mins.)
"Legal Updates & Hot Topics Impacting Indiana Community Associations" - KSN attorney Kelly Elmore discusses legal updates and hot topics impacting Indiana condo, homeowner (HOA), and townhome associations. Topics include solar panels, short term rentals, board member liability, insurance coverage, voting, and more. (57 mins.)
"Impact of New Case Law on Illinois Condominium Deconversions" - KSN attorney Kelly Elmore reviews the changes the new case law has on the process of conducting a Section 15 sale. Kelly also discusses how these changes will impact community association board members. (15 mins.)
“Solar Panels In Indiana Community Associations” – KSN attorney Kelly Elmore discusses the new Solar Panel law passed by Indiana Governor Holcomb. She reviews what requirements both owners and board members must follow and what legal ramifications community associations can expect from this new law. (12 mins.)
“Condominium Deconversions” – KSN attorneys Kelly Elmore and Omar Malik discuss the condominium deconversion trend, challenges presented in these bulk sales, their experiences in handling these complex transactions, best practices, and more. (59 mins.)
“2022 Legal Updates for Community Associations” – KSN attorneys Kelly Elmore and Joshua Weinstein discuss the 2022 legal updates for community associations. They review case law updates, Fannie Mae and Freddie Mac changes, and more. (52 mins.)
"Coronavirus Impact on Community Association Finances and Assessment Collection" - Attorney Kelly Elmore reviews how community associations should handle the financial hardships caused by COVID-19. She dives into lessons learned from the 2008 recession and how they can be applied to today’s pandemic. (12 mins.)
"Association Property Damage: Always a Doozy" - Attorney Kelly Elmore walks through the specific steps of assessing and addressing property damage in an association, including securing proper documentation, determining liability, and filing insurance claims. (13 min).
"Deconversions Revisited" - Attorney Kelly Elmore reflects on how the Condominium Deconversion trend has evolved over the past few years, and highlights River City, the largest condominium deconversion to date. (17 mins.)
"Elections" - Attorney Kelly Elmorediscusses association elections in this episode of the KSN Podcast. She examines who is permitted to vote, candidacy requirements, technology’s role in the voting process, and more. (14 mins.)
"Condo Deconversions" - Attorney Kelly Elmore discusses Section 15 sales (i.e. condo deconversions) in this episode of the KSN Podcast. She examines the growing trend of condo conversions into rental units, the sales process, and the Board’s responsibilities throughout the transaction. (15 mins.)
