Mr. Michael C. Kim

Michael C. Kim | Chicago
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Attorney Profiles: Michael C. Kim
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Mr. Kim is a Partner in Arnstein & Lehr with over 20 years of experience practicing law.His practice is focused in the areas of real estate law and general civil litigation.He has substantial experience handling a wide range of matters involving real estate development; construction contract negotiation, documentation and litigation; representation of condominiums and other forms of common interest communities; lender representation; discrimination claims; commercial leasing; condominium conversions; employment issues; and business disputes.He is an Adjunct Professor of Law in the L.L.M. Real Estate Law Program at the John Marshall Law School in Chicago.

Professional Activitiesand Achievements:

Mr. Kim actively participates and has held various leadership positions in a number of professional and industry associations, including the American Bar Association (Real Property Law Section); Illinois State Bar Association (Chair, Condominium Committee, Real Estate Law Section Council 5/90 - 5/94); Chicago Bar Association (Real Property Law Committee, Chair-Condominium Law Subcommittee, Chair-Legislative Subcommittee); College of Community Association Lawyers (Board of Governors 1995 - 1998); Community Associations Institute - Illinois Chapter (President 1992, Director 1989-92, Legislative Action Committee Chair 1994-95); and General Counsel, Association of Sheridan Condo & Co-op Owners.He received a Golden Brick Award for pro bono legal services rendered to Uptown Habitat for Humanity in the development of affordable housing in Chicago for low income families.

He is the author of numerous published works including the Historical and Practice Notes to Illinois Condominium Property Act (Smith Hurd Annotated Illinois Compiled Statutes) (co-author).He has spoken extensively at seminars and conferences at both the state and national level, including seminars sponsored by the prestigious Community Associations Institute Law Seminar.

Michael Kim has witnessed both sides of the incivility issue.He's an association attorney with Arnstein & Lehr in Chicago and a condominium board president.

"I have seen situations where the board is very irresponsible or non-responsive to legitimate needs the owners have," he said."I've also seen well meaning boards try to do reasonable things being harassed by individuals."

Among the hot buttons are money, particularly an increase in assessments, and lifestyle restrictions such as rules concerning pets, parking and decorating, he said.
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Boards and owners need to be more sensitive to each other, said attorney Kim.

"Just because the board has the authority to do something doesn't mean it's a good idea to exercise it if it provokes unnecessary bad feelings or conflict," he said.

Michael C. Kim is a partner with the Chicago law firm of Arnstein & Lehr.He previously has served as chair of the Chicago Bar Association's real property law committee.

Q. Do home buyers get into trouble by not hiring a lawyer?Is it dangerous to go it alone?

A. While many home buyers do not have any problems with their transaction, hiring a lawyer may be very helpful to them.It can make all the difference in protecting their interests and in dealing with certain important issues.

Speakers will be Barbara Wick of Community Associations Risk Management and Insurance Consultants, Marke Burke of The Oak Brook Club and Michael C. Kim, attorney with the firm of Arnstein & Lehr.

It sounds so basic , but you wouldn't believe how many people buy condo units , even lawyers and professionals , without ever reading the declaration or bylaws , says Michael C. Kim , a senior partner at Arnstein & Lehr in Chicago.It's not like when you buy a single-family home and the only thing you have to worry about are the zoning restrictions and the building code , Kim says.You have a private set of covenants that will control the use of the property.It will also determine your participatory rights and the governance of that property..An attorney also should be aware of any statutes or regulations that provide for disclosures by the homeowners association to prospective purchasers and perhaps seek to incorporate those disclosures as conditions of the contract , Kim says.Disclosures can tell a buyer , for instance , about the financial condition of the association , or whether the property is due for major repairs or improvements that could result in higher or special assessments for owners and whether the association is involved in litigation.
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Before that ruling , Kim says , the general assumption of homeowners was that common areas and facilities were part of each residence and thus subject to implied warranty claims , just as defects in a swimming pool , driveway or fitness room of a single-family house is covered by the implied warranty of habitability.Now , multifamily development residents in Illinois will need to resort to new legal theories to recover for defects in common areas , he says.Homeowners associations often find themselves caught between developers and property owners on a number of issues.It is not surprising , therefore , that the time demands on lawyers representing associations can be grueling.A lawyer advising associations may spend many evenings attending board meetings run by volunteer directors.Moreover , the job requires expertise in a number of areas.

However, as pointed out in the October, 1999 ABA Journal article entitled Co-opted Living by Laura Castro Trognitz, quoting Arnstein & Lehr attorney Michael Kim, it be not like when you buy a single-family home and the only thing you have to worry about are the zoning restriction and the building code.

Michael Kim has witnessed both sides of the incivility issue.He's an association attorney with Arnstein & Lehr in Chicago and a condominium board president.

"I have seen situations where the board is very irresponsible or non-responsive to legitimate needs the owners have," he said."I've also seen well meaning boards try to do reasonable things being harassed by individuals."

Among the hot buttons are money, particularly an increase in assessments, and lifestyle restrictions such as rules concerning pets, parking and decorating, he said.
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One of Kim's association clients passed a rule, after an owner brandished his gun a few times, that firearms could not be brought to meetings.
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Boards and owners need to be more sensitive to each other, said attorney Kim.

"Just because the board has the authority to do something doesn't mean it's a good idea to exercise it if it provokes unnecessary bad feelings or conflict," he said.

Michael C. KimArnstein & Lehr