In Illinois, homeowners associations must follow a set of provisions contained within the state statutes. To learn more about Illinois HOA laws, keep reading on.
For Homeowners Associations
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.
You can find the Illinois Common Interest Community Association Act within the Illinois Compiled Statutes. It consists of 22 sections, namely:
- Short Title.
- Definitions.
- Applicability.
- Construction, Interpretation, and Validity of Community Instruments.
- Amendments to the declaration, bylaws, or operating agreement.
- Board of Managers, Board of Directors, Duties, Elections, and Voting.
- Board Duties and Obligations; Records.
- Member powers, duties, and obligations.
- Meetings.
- Finances.
- Successor developers.
- Administration of Property Prior to Election of the Initial Board of Directors.
- Fidelity Insurance.
- Errors, omissions, and inconsistencies.
- Management Company.
- Display of American Flag or Military Flag.
- Exemptions for small common interest communities.
- Compliance.
- Use of technology.
- [Section scheduled to be repealed effective 7/1/2022] Compliance with the Condominium and Common Interest Community Ombudsperson Act.
- (The Service Member Residential Property Act is compiled at 330 ILCS 62/)
- Effective Date.
For Condominiums
For condominium associations, Illinois has a separate Act contained within the Illinois Compiled Statutes. The Illinois Condominium Property Act oversees the creation, management, and operation of condominiums in the state. This Act only applies to condominiums and not homeowners associations.
Condominiums must ensure the provisions within their declarations coincide with the provisions under this Act. Any provisions that conflict with the Illinois Condominium Property Act are deemed unenforceable and void.
The Illinois Condominium Property Act
You can find the Illinois Condominium Property Act within the Illinois Compiled Statutes. It consists of 60 sections, namely:
- Short title.
- Definitions.
- Applicability.
- Submission of property.
- Declaration – Contents. The declaration shall set forth the following particulars:
- Construction, interpretation, and validity of Condominium Instruments.
- Plat to be recorded.
- Recording – Effect.
- Descriptions in deeds, etc.
- Partition of common elements prohibited.
- Sharing of expenses – Lien for nonpayment.
- Other liens; attachment and satisfaction.
- Other remedies.
- Eminent domain proceedings; standing.
- Eminent domain proceedings; notice.
- Successor developers.
- Separate taxation.
- Tax deeds.
- Insurance.
- Insurance risk pooling trusts.
- Application of insurance proceeds to reconstruction.
- Disposition of property where insurance proceeds are insufficient for reconstruction.
- Disposition or removal of any portion of the property.
- Street and utilities dedication.
- Granting of easement for laying of cable television or high speed Internet cable.
- Granting of easement to a governmental body for protection against water damage or erosion.
- Distressed condominium property.
- Sale of property.
- Removal from provisions of this Act.
- Amendments to the declaration or bylaws.
- Contents of bylaws.
- Incorporation As Not-For-Profit Corporation.
- Administration of property prior to election of initial board of managers.
- Unit Owners’ Association.
- Powers and duties of board of managers.
- Master Associations.
- Display of American flag or military flag.
- Standards for community association managers.
- Use of technology.
- Common elements; rights of board.
- Generally accepted accounting principles.
- Records of the association; availability for examination.
- Exemption from rules of property.
- Severability.
- Full disclosure before sale.
- Resales – Disclosures — Fees.
- Resale approval.
- Encroachments.
- Deposits by Purchaser.
- Add-on Condominiums.
- Transfer Of Limited Common Elements.
- Amendments.
- Blank.
- Alterations within Units.
- Conversion condominiums; notice; recording.
- Conversion of apartments.
- Subdivision or combination of units.
- Alternate dispute resolution; mediation; arbitration.
- Limitations On The Use Of Smoking Cannabis.
- Compliance with the Condominium and Common Interest Community Ombudsperson Act
Illinois HOA Laws on Corporate Governance
The General Non For Profit Corporation Act of 1986 governs homeowners associations consisting of 10 units or less. It also governs HOAs with a yearly total dues collection of $100,000 or less. Such associations, though, can elect to follow the Illinois Common Interest Community Association Act instead through a majority vote from the board or membership. This Act does not apply to condominiums since they can’t form as not-for-profit corporations in Illinois.
You can find the General Non For Profit Corporation Act of 1986 within the Illinois Compiled Statutes. It consists of 17 articles, namely:
- General Provisions
- Formation Of Corporations
- Purposes And Powers
- Name
- Office And Agent
- Shares; Dividends; Contributions
- Members
- Directors And Officers
- Distributions
- Amendments
- Merger And Consolidation
- Dissolution
- Foreign Corporations
- Reports
- Fees And Charges
- Penalties
- Repealer
Illinois HOA Laws on Solar Panels
The HOA laws of Illinois protect the right of homeowners to install solar panels on their homes. According to the Homeowners’ Energy Policy Statement Act, homeowners associations and condominiums may not prohibit members from installing solar panels. Any covenant, provision, or rule that forbids members from doing so is void and unenforceable.
However, associations are not totally powerless. In fact, associations can regulate the placement of solar panels so long as it does not interfere with how the solar energy system works.
Illinois HOA Laws on Records Inspection
In many states, homeowners have a right to review association records, and Illinois is no exception. According to Illinois law, members of an association can request to examine or copy records provided they follow the proper procedure. This usually involves submitting a written request that includes the purpose of their request. This applies to both HOAs and condominiums, under 765 ILCS 160/1-30 of the Common Interest Association Act and 765 ILCS 605/19 of the Condominium Act, respectively.
Illinois HOA Laws on Assistance Animals
Homeowners with disabilities may require assistance animals. But, when a condominium or other housing provider has restrictions prohibiting animals, what is the right protocol to follow? If a homeowner requests that the association make an exception for them, the association can refer to the Illinois Assistance Animal Integrity Act as a guide. This Act covers definitions, documentation requirements, and immunity from liability.
Fair Housing
The Illinois Human Rights Act protects persons from discrimination based on race, color, national origin, ancestry, sex, sexual orientation, age, religion, marital status, familial status, pregnancy, and physical or mental disability. It also offers protection from discrimination based on military status, order of protection status, or unfavorable discharge from military service.
This Act works similarly to the federal Fair Housing Act as well as the Americans with Disabilities Act. Homeowners who have been discriminated against by their association can settle the matter through a private lawsuit. Alternatively, they may also file a complaint with the U.S. Department of Housing and Urban Development or the Illinois Department of Human Rights.
