HOA Laws in Illinois

Homeowners associations in Illinois are governed by different statutes depending on the community type. Non-condominium common interest communities are governed by the Common Interest Community Association Act (765 ILCS 160), while condominiums are governed by the Condominium Property Act (765 ILCS 605). This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

The Common Interest Community Association Act sets baseline rules for Illinois HOAs, including meetings, records, board duties, and developer turnover, alongside your recorded documents. Very small associations may be partly exempt, so confirm how the Act applies to your community. Most Illinois HOAs are also incorporated as not-for-profit corporations, so the General Not For Profit Corporation Act (805 ILCS 105) governs corporate matters such as member and board meetings, director duties, quorum, and voting. Condominiums should look primarily to the Condominium Property Act.

Meetings and open-meeting rules

Board meetings are generally open to members with notice, and certain sensitive matters may be discussed in a closed portion. Notice and meeting procedures follow the statute and your bylaws.

Elections and voting

Directors are elected by the members under the statute and the governing documents. The Condominium Property Act in particular sets detailed procedures for nominating candidates, distributing ballots and proxies, and counting votes, and non-condominium communities follow the Association Act and their bylaws.

Records access and owner inspection

Owners have the right to inspect and copy association records under the applicable Act, subject to reasonable rules and limited exceptions. Boards should keep organized financial and governance records.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts, and may pursue statutory collection remedies, which can include forcible entry and detainer actions to collect possession for unpaid assessments. Boards typically work with an attorney on collections.

Fines and enforcement

Associations may adopt and enforce rules and impose reasonable charges for violations, subject to notice and an opportunity to be heard as provided by the statute and the documents.

Reserves and budgets

Illinois law directs associations to provide for reasonable reserves for capital expenditures and deferred maintenance in the budget, and members have certain rights regarding reserve funding. Confirm the specific requirement for your community type.

Owner protections on common restrictions

Illinois limits certain HOA restrictions, including on solar energy systems and the display of the United States flag and military flags. Review the specific statute before denying a related request.

Where to get official help

The Common Interest Community Association Act and Condominium Property Act are available from the Illinois General Assembly. For a specific situation, consult an Illinois attorney experienced in community association law.