Homeowners’ associations, or HOAs, are governing bodies that oversee many planned residential developments and communities throughout Illinois. These associations have a range of responsibilities, from collecting dues to maintaining common areas. They also enforce and uphold community rules as outlined in the community’s governing documents.
To help keep things organized, HOAs commonly use property management software to stay on track. Below, we’ll break down everything you need to know about Illinois HOA laws.
Who Regulates HOAs in Illinois?
Illinois regulates many homeowners’ associations under the Illinois Common Interest Community Association Act, found at 765 ILCS 160. This statute applies to most non-condominium community associations in which property owners share responsibility for common elements governed by the association.
Condominium developments operate under a separate statute, the Illinois Condominium Property Act, which establishes governance requirements for condo associations.
Beyond state law, every HOA relies heavily on its own governing documents to define how the community operates. Most associations maintain documents such as:
- Articles of Incorporation
- Association bylaws
- A Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
- Community rules adopted by the board
Federal housing laws may also apply to HOAs. Associations must follow the Fair Housing Act, the Americans with Disabilities Act of 1990, the Code of Federal Regulations, and any other federal regulations that prohibit housing discrimination and address accessibility requirements.
Illinois law may also affect HOA governance through several related statutes, including the Illinois Human Rights Act, the Illinois Community Association Manager Licensing and Disciplinary Act, the Illinois Condominium and Common Interest Community Ombudsperson Act, and the Illinois General Not-For-Profit Corporation Act of 1986.
How to Find HOA Regulations in Illinois
Most HOA governing documents in Illinois are not available as public records. Instead, associations typically provide these documents directly to homeowners or association members upon request .
However, certain information about an HOA may appear in public corporate records. Associations that operate as nonprofit corporations must register with the Illinois Secretary of State, which maintains information about the organization’s legal status, filing history, and registered officers.
Anyone can search the Secretary of State’s Corporation/LLC database to find basic details about the association, including its formation date and current business status.
Additional filings submitted to the Secretary of State, such as annual reports or amendments, may also be available online, by mail, or by email for record requests.
HOA Powers in Illinois
Illinois law allows homeowners’ associations to manage shared property and enforce rules within the community. The Common Interest Community Association Act authorizes associations to perform many of the responsibilities required to maintain a planned development.
In most communities, an HOA may regulate the use of common areas and collect assessments from homeowners to cover maintenance and operating costs. Associations may also impose fines when owners violate community rules .
If homeowners fail to pay required assessments, the HOA may place a lien on the property and pursue foreclosure to recover the unpaid amount .
Governing documents may grant additional authority beyond what state law provides. Many associations adopt rules that address architectural standards, exterior paint colors, parking restrictions, fencing, landscaping, or other visible features of the community.
Can an HOA Impose Fines on a Homeowner in Illinois?
Illinois law allows homeowners’ associations to issue fines when owners violate community rules. Before the association can impose a penalty, it must provide the homeowner with notice of the alleged violation and an opportunity to voice their case.
The association’s governing documents typically explain which violations may result in fines and describe how the enforcement process works .
Certain homeowner rights remain protected by federal law. For example, HOAs generally cannot prohibit homeowners from displaying the American flag or military service flags when they comply with federal flag display guidelines, or from installing a flagpole to display the American flag or a military flag .
Associations also cannot prevent homeowners from installing satellite dishes or television antennas that are subject to the federal Over-the-Air Reception Devices Rule .
In addition, Illinois law protects certain forms of religious expression . Homeowners may attach religious objects to the front door of their unit, although associations may adopt reasonable rules governing how these and other items are displayed.
Can an HOA Take a Homeowner’s House in Illinois?
In Illinois, a homeowners’ association may place a lien on a property when a homeowner fails to pay required assessments or other charges.
If the debt remains unpaid, the association may explore foreclosure to enforce the lien and collect on the debt . Condominium associations commonly rely on this authority when owners fall behind on required payments.
Illinois law also allows associations to pursue eviction actions in certain circumstances when homeowners fail to pay assessments or related charges . In those situations, the HOA must first provide a written demand for payment before filing an eviction lawsuit.
Associations may also pursue eviction proceedings against tenants when tenants violate community rules or fail to comply with association-imposed lease requirements .
In Illinois, all HOAs follow the same procedures for the eviction process, regardless of business type .
Can an HOA Enter a Homeowner’s Property in Illinois?
Illinois statutes do not give homeowners’ associations a general right to enter private property. Instead, the association’s governing documents usually define when entry is allowed.
Many HOA declarations include provisions that allow the association to enter a unit to maintain common elements or shared infrastructure.
For example, the association may need entry to repair structural components connected to shared property, address plumbing or utility issues affecting multiple units, or perform other necessary maintenance.
Outside of emergencies, HOAs typically provide advance notice before entering a homeowner’s property. The specific notice period appears in the governing documents adopted by the association and is typically 1 to 2 weeks.
Where Do Homeowners File Complaints Against Their HOA in Illinois?
How and where you file a complaint against an HOA depends on the type of dispute involved.
If the issue involves debt collection practices or HOA fees, homeowners may file complaints with agencies such as the Illinois Department of Financial and Professional Regulation, the Federal Trade Commission, or the Consumer Financial Protection Bureau. You must file claims under the Fair Debt Collection Practices Act within one year of the alleged violation.
When a complaint involves housing discrimination, homeowners may contact the Illinois Department of Financial and Professional Regulation, the U.S. Department of Housing and Urban Development, or pursue a lawsuit in state or federal court.
Other disputes involving HOA governance or enforcement actions typically proceed through Illinois state courts.
Joining and Leaving an HOA in Illinois
Illinois law does not create a single statewide rule governing HOA membership. Instead, the association’s governing documents determine how membership works within a particular community.
Many residential developments operate as mandatory HOAs. When a buyer purchases property in one of these communities, membership in the association automatically follows. Homeowners must comply with the association’s rules and pay required assessments.
Some neighborhoods operate voluntary associations instead. In those communities, homeowners may choose whether to join the HOA and may leave by ending their membership.
If a homeowner belongs to a mandatory HOA, leaving the association usually requires either selling the property or obtaining approval to withdraw from the community.
How to Dissolve an HOA in Illinois
The process for dissolving a homeowners’ association in Illinois is usually outlined in the association’s governing documents.
If the documents do not describe a dissolution procedure, the board of directors must first propose dissolution to the association’s members. Members then vote on the proposal at an HOA meeting.
In most cases, at least two-thirds of the members must approve the dissolution .
After the vote passes, the board prepares a plan outlining how the association will handle its remaining assets and liabilities . Once members approve the plan, the HOA files Articles of Dissolution with the Illinois Secretary of State. The association officially dissolves once those documents are filed .
Illinois HOA Laws FAQs
Can an HOA restrict religious displays in Illinois?
No, not entirely. Illinois law protects a homeowner’s right to display certain religious objects on the front door of a unit. The HOA may still have reasonable rules regarding size or placement, but it cannot ban the display entirely.
Can an HOA evict a homeowner in Illinois?
In some cases, yes. Illinois HOA laws allow certain associations to pursue eviction for unpaid assessments or other charges; however, the HOA must follow strict rules regarding notice and court procedures.
Are HOA rules public in Illinois?
No, not usually. Internal HOA documents, such as bylaws and rules, are usually not public records. Homeowners and association members can request them from the HOA, while basic corporate information may be available through the Illinois Secretary of State.
Sources
- 1 765 Ill. Comp. Stat. 130/1-30
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(i) Board records. (1) The board shall maintain the following records of the association and make them available for examination and copying at convenient hours of weekdays by any member or unit owner in a common interest community subject to the authority of the board, their mortgagees, and their duly authorized agents or attorneys. (i) Copies of the recorded declaration, other community instruments, other duly recorded covenants and bylaws and any amendments, articles of incorporation, articles of organization, annual reports, and any rules and regulations adopted by the board shall be available…
Source Link - 2 765 Ill. Comp. Stat. 130/1-30
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(c) The bylaws or operating agreement shall provide for the maintenance, repair, and replacement of the common areas and payments therefor, including the method of approving payment vouchers. (g) The board shall have the power, after notice and an opportunity to be heard, to levy and collect reasonable fines from members or unit owners for violations of the declaration, bylaws, operating agreement, and rules and regulations of the common interest community association. (h) Other than attorney’s fees and court or arbitration costs, no fees pertaining to the collection of a member’s or unit owner’s financial obligation to the association, including fees charged by a manager or managing agent, shall be added to and deemed a part of a member’s or unit owner’s respective share of the common expenses…
Source Link - 3 765 Ill. Comp. Stat. 605/9
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(h) A lien for common expenses shall be in favor of the members of the board of managers and their successors in office and shall be for the benefit of all other unit owners. Notice of the lien may be recorded by the board of managers, or if the developer is the manager or has a majority of seats on the board of managers and the manager or board of managers fails to do so, any unit owner may record notice of the lien. Upon the recording of such notice the lien may be foreclosed by an action brought in the name of the board of managers in the same manner as a mortgage of real property.
Source Link - 4 765 Ill. Comp. Stat. 605/1-70
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… a board may not prohibit the display of the American flag or a military flag, or both, on or within the limited common areas and facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit owner is located… A board may not prohibit the installation of a flagpole for the display of the American flag or a military flag, or both, on or within the limited common areas and facilities of a unit owner…
Source Link - 5 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 765 Ill. Comp. Stat. 605/18.4
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No rule or regulation shall prohibit any reasonable accommodation for religious practices, including the attachment of religiously mandated objects to the front-door area of a condominium unit.
Source Link - 7 736 Ill. Comp. Stat. 5/9-104.1
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the demand shall give the purchaser under such contract, or to the condominium unit owner, as the case may be, at least 30 days to satisfy the terms of the demand before an action is filed… the demand shall set forth the amount claimed which must be paid within the time prescribed in the demand and the time period or periods when the amounts were originally due… the demand shall set forth the nature of the lease and memorandum of lease or the leasing requirement not satisfied. The amount claimed shall include regular or special assessments, late charges or interest for delinquent assessments, and attorneys’ fees claimed for services incurred prior to the demand. Attorneys’ fees claimed by condominium associations in the demand shall be subject to review by the courts in any eviction proceeding…
Source Link - 8 736 Ill. Comp. Stat. 5/9-104.2
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(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an existing lease or other arrangement between the tenant or other occupant and the defaulting owner of a unit… the Board of Managers elects not to accept a tenant or occupant in possession as its own and to commence a separate action, written notice of the eviction order against the unit owner and demand to quit the premises shall be served on the tenant or other occupant in the manner provided under Section 9-211 at least 10 days prior to bringing suit to evict the tenant or other occupant.
Source Link - 9 736 Ill. Comp. Stat. 5/9-104.3
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All common interest community associations electing pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this Article made applicable to such association shall follow the same procedures and have the same rights and responsibilities as condominium associations under this Article.
Source Link - 10 765 Ill. Comp. Stat. 160/1-15
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(d) Every common interest community association shall define a member and its relationship to the units or unit owners in its community instruments….
Source Link - 11 805 Ill. Comp. Stat. 105/112.15
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(a) The board of directors shall adopt a resolution, which may be with or without their recommendation, proposing that the corporation be dissolved voluntarily, and directing that the question of such dissolution be submitted to a vote at a meeting of members entitled to vote on dissolution, if any, which may be either an annual or special meeting… (c) At such meeting a vote of the members entitled to vote on dissolution shall be taken on the resolution to dissolve voluntarily the corporation. The resolution shall be adopted by receiving the affirmative vote of at least two-thirds of the votes present…
Source Link - 12 805 Ill. Comp. Stat. 105/112.17
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A plan providing for the distribution of assets, not inconsistent with the provisions of this Act, may be adopted by a corporation in the process of dissolution and shall be adopted by a corporation for the purpose of authorizing any transfer or conveyance of assets for which this Act requires a plan of distribution, in the following manner…the board of directors shall adopt a resolution recommending a plan of distribution and directing the submission thereof to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting… Such plan of distribution shall be adopted upon receiving the affirmative vote of at least two-thirds of the votes present…
Source Link - 13 805 Ill. Comp. Stat. 105/112.20
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(a) When a voluntary dissolution has been authorized as provided by this Act, articles of dissolution shall be executed and filed in duplicate in accordance with Section 101.10 of this Act… (b) When the provisions of this Section have been complied with, the Secretary of State shall file the articles of dissolution. (c) The dissolution is effective on the date of the filing of the articles thereof by the Secretary of State.
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