House & Apartment

Some Illinois homes are part of property associations. These may be called:

• Condominium associations,
• Homeowner's associations (HOAs), or
• Common interest community associations (CICAs).

People become members of these associations by buying property. Associations can:

• Maintain common areas,
• Make rules about noise, renovations, parking, and pets,
• Decide whether owners can rent their property, and
• Limit how people decorate the outside of their homes.

In Illinois, community associations must follow state laws that

• Explain what the board must do,
• Describe the rights of owners,
• Say how notice must be given,
• Set rules for keeping and viewing records, and
• List important papers that must be kept.

The Condominium Property Act covers:

• Condos with 10 or more units, and
• Condos with 10 or fewer units that choose to follow it.

The Common Interest Community Association (CICA) Act covers other types of housing groups, such as homeowner associations (HOAs). It applies to:

• Groups with 10 or more units,
• Groups with a yearly budget over $100,000, and
• Groups that choose to opt in.

If the group is a nonprofit, it must also follow Illinois nonprofit laws.

When property is part of a residential community association, owners must:

• Pay dues and special assessments, and
• Follow association rules.

The association may fine owners if they break a rule.

When owners do not pay association bills on time:

• The association has a lien against the owner, and
• The association may try to evict the owner or foreclose the lien.

Assessments are fees owners pay to the association. They cover shared expenses such as:

• Maintenance,
• Major repair or replacement projects, and
• Operating expenses.

Associations cannot forgive assessments. They may offer payment plans if their rules allow it.

Failure to pay on time can lead to:

• Late fees,
• Legal fees for collection efforts that the owner must pay, and
• Eviction or foreclosure.

Property associations have written rules. These rules are in governing papers. Each document explains how the group runs and what owners must do.

Main types include:

• Declarations, which include big-picture topics like what is individual or shared property, and give the association power to enforce rules,
• Bylaws, which explain how the board works and contain more detail, and
• Rules and Regulations, which cover everyday requirements.

These papers can often be found:

• On an association member website,
• In records kept by the board or manager, and
• With documents from purchasing property.

Some papers, like declarations, are recorded with the county recorder of deeds.

Associations are required to keep detailed records of:

• Income, and
• Expenses.

To plan ahead, they must:

• Prepare a budget each year,
• Give owners a copy before it is approved, and
• Have the board vote on the budget.

The budget lists important information, including expected:

• Property taxes,
• Reserves, and
• Capital repairs or replacements.

There are also situations where an association needs money to solve a problem that is outside the budget. The association can use special assessments for this. Sometimes, the association can take out a loan and have the owners repay it over time.

Associations rely on owner payments to maintain shared property. If owners do not pay on time, the association must take steps to collect.

Associations must hold membership meetings and board meetings.

Membership meetings must be:

• Held at least once a year, and
• Open to property owners.

Board meetings must be:

• Held at least four times a year,
• Open to property owners except for closed sessions allowed by law, and
• For CICAs only, allow members to speak for an amount of time set by the board.

The law does not require condo association members to be allowed to speak at board meetings. 

For condos, these laws are found in 705 ILCS 605/18.

For CICAs, these laws are found in

• 705 ILCS 160/1-30 (board meeting schedule), and
• 705 ILCS 160/1-40 (member meetings, closed sessions, and member comments).

The CCIC Ombudsperson helps people understand laws for property associations.

The office:

• Shares plain-language guides, and
• Connects people to other sources of help.

The Ombudsperson gives information for:

• Unit owners,
• Board members, and
• Associations.

The Ombudsperson’s website includes:

• Explanations of key terms, and
• Links to important laws.

The Ombudsperson cannot give legal advice or settle disputes.