House & Apartment

Residential community associations are organizations that manage and enforce rules for shared housing developments. When you buy a home or condo in one of these communities, you typically become a member of the association and must follow its rules. These associations often charge fees for shared upkeep, manage the maintenance and use of common areas, and regulate how you can use property. Associations may limit noise, renovations, rentals, pets, and other everyday aspects of homeownership.

Association types

Illinois recognizes different types of residential community associations. The most common are:

• Condominium Associations (COAs):  Condo buildings where residents own individual units and share ownership of common areas like roofs and hallways.
• Homeowners Associations (HOAs): Planned developments where residents own both their homes and the land, and share access to amenities like private roads or parks.
• Common Interest Community Associations (CICAs): This is an “umbrella” category that generally includes HOAs with more than 10 units or those that collect over $100,000 in annual assessments. HOAs of fewer than 11 units or that collect $100,000 or less in annual fees may be subject to the Illinois General Not-for-Profit Corporation Act.

Assessments (fees)

Illinois law requires these associations to collect assessments (fees) from property owners to fund maintenance and operations. 

Associations also have legal authority to enforce the rules in their governing documents, which may include a Declaration of Covenants, Conditions, and Restrictions, Bylaws, and Rules and Regulations. 

Failure to follow the rules may result in fines or added charges. These can add up quickly. For example, many condominium associations will charge the unit owner for attorney's fees paid by the association for services related to getting the owner to pay overdue assessments.

Property rules

You can find the rules for your property in the governing documents provided when you purchase the unit or home. These documents are also usually available from your HOA, condo board, or the local County Recorder’s Office. Review them carefully, as they may:

• Limit how you can use your property,
• Restrict you from having pets,
• Restrict certain modifications or renovations,
• Restrict your ability to rent your property at all,
• Limit who you can rent to and for how long,
• Restrict what you can store on your balcony or by your hallway door (if you have one),
• Outline fines or penalties for rule violations, and
• Set financial obligations like monthly dues or special assessments.

If you want to make changes to your unit or yard, such as remodeling, adding structures, or altering the exterior, you may need written approval. Making changes without approval can result in fines, demands to undo the work, or legal action.

If you're unsure how to interpret the rules or think the HOA is acting unfairly, contact the condominium ombudsman’s office through the Illinois Department of Financial and Professional Regulation for help understanding your rights and responsibilities.