Question:
Our group of 8 villas started as part of a senior community PUD that will be dissolving and our village has told us we need to start our own HOA.
We are in Illinois and your site says the following:
The Illinois Common Interest Community Association Act controls the management and operation of homeowners associations. This applies to HOAs consisting of single-family homes, detached townhomes, attached townhomes, or villas. To qualify under this Act, HOAs must also have at least 11 private residences and have a yearly total dues collection of more than $100,000.
As I said above, there are only 8 villas in our group and we will be collecting far less than $100K in dues.
Does this mean we cannot establish an HOA? Or does it only mean that our HOA is not subject to the rules of the Act?
We really just need the ability to have lawn care, snow removal, and trash service in common and to follow the covenants agreed to by the community.
– Kate
Answer:
Hi Kate,
You can still establish an HOA even with only 8 villas. Not meeting the requirements only means that the HOA will not be subject to the Illinois Common Interest Community Act. However, if the HOA you create is incorporated as a non-profit, it will instead be subject to the General Not For Profit Corporation Act of 1986. Moreover, if the HOA is incorporated, it can also affirmatively elect to be governed by the Illinois Common Interest Community Act by a majority of the members, as provided for under Section 1-75(a).
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