Illinois condo association rules: A complete guide

This article is provided for general informational purposes only and does not constitute legal, financial, or real estate advice. Laws change frequently and vary by state. Readers should consult with a qualified professional for advice specific to their individual circumstances.
 

What are condo association rules?

Condo association rules establish guidelines for how owners can use their unit and common areas. They typically address issues like noise, pets, parking, trash disposal, and move-ins/move-outs. Boards use condo association rules to clarify expectations for residents, regulate shared spaces, and address common issues not fully covered by the governing documents. These rules are sometimes referred to as community rules, house rules, or operating rules, and they are distinct from the declaration and bylaws. In Illinois, condo association rules must be consistent with the Illinois Condo Property Act and the association's governing documents. They must be put in place and fairly enforced to help with resident safety while preventing unreasonable interference with the use and enjoyment of units and common elements.
 

Examples of condo association rules

Condo association rules typically address recurring issues or behaviors that can affect other residents or common elements. Some of the most common examples include:

• Noise rules: Many associations restrict loud music, late-night construction, or other disruptions during quiet hours.
   
• Pet policies: Pet rules may limit the size, type, or number of pets allowed, or restrict pets from certain areas, but must comply with applicable fair housing regulations related to assistance animals.
   
• Parking restrictions: Associations often regulate where and how residents and guests can park, and may issue fines or warnings for violations.
   
• Rental restrictions: Condo rental restrictions may include limits on short-term rentals, requirements for tenant approval, or caps on the number of units that can be rented at any given time.
   
• Trash disposal: Proper trash and recycling practices are often detailed in association rules to prevent pests and maintain cleanliness.

Some condo association rules go further to address security procedures, move-in/move-out protocols, smoking restrictions, or guidelines for remodeling projects within units. Every association is different, but the goal is typically to address practical concerns in a way that supports the board's responsibilities under Illinois law.
 

The Illinois Condominium Property Act  

If you serve on the board of a condominium association, your rules and declaration must work in accordance with the Illinois Condominium Property Act. Within the act, it states that a function of the board is “to adopt and amend rules and regulations covering the details of the operation and use of the property, after a meeting of the unit owners called for the specific purpose of discussing the proposed rules and regulations.” No quorum is required at this meeting, “unless the declaration, bylaws or other condominium instrument expressly provides to the contrary.”
 

How to create Illinois condo association rules

1. Identify the “why” behind the rule

   Effective condo boards understand the importance of staying connected to their residents and working together towards mutual goals. By proactively communicating the “why” behind a rule, a board can make decisions that are in line with the community's best interests. At the same time, this will help increase resident satisfaction and property values.
   
   As a board, you should answer the question, “What’s the purpose behind our rule?” In other words, why was the rule introduced?
    
   • Is it needed because of multiple resident complaints?
      
   • Has a new law or ordinance come up in your area that requires a rule?
      
   • Will this rule prevent or mitigate potential liability in the community?
   
   Identifying your “why” can be straightforward, and in some cases may require a little more time. Either way it’s critical for effective rule adoption.
   
   Before introducing a new rule, your board, association manager, and management company need to work together to determine why it’s necessary. Once you’ve accomplished that, you need to decide how you will communicate it.
    

2. Communicate the purpose and benefits

   Once you’ve identified the reason for your rule, you must communicate that purpose to residents. In doing so, you can help them understand the benefits of instituting this rule along with why it will improve their experience and property values. 
   
   Reminder: If you can’t easily communicate the policy to residents, or the benefits aren’t clear, take a step back. Ask yourself, is the rule reasonable, necessary, and enforceable? If not, consider reviewing the rule again with your management company. Having your rules vetted by your association lawyer is also a recommended course of action.
   
   If partnered with a professional management company, they will have the resources and technologies to communicate effectively to your community. They will also provide your board with templates and best practices for communicating with residents.
    

4. Explain the process

   Strong, effective communication is the cornerstone of the successful implementation of a new rule. Keeping residents informed and engaged throughout every stage — from conception to enforcement — helps everyone understand the rule. It also makes it easier for residents to comply without hesitation or confusion.
   
   Explain the process of rule creation and enforcement to the community so that owners know what to expect. This can be done through community newsletters and should be information that is shared on a regular basis.
   
   When the board implements, amends, or repeals a rule, they must send notice to the entire community with the details, and provide no less than 10 and no more than 30 days’ notice of a membership meeting called for the purpose of discussing and adopting the rule.
    

4. Reinforce the long-term benefits and value

   Even after you’ve communicated the new rule’s purpose and process, you should reinforce the long-term benefits. Work with your manager and management company on creative ways to communicate the importance of the rule.
   
   You may consider asking a subject matter expert to share how a particular rule might increase property values. This should be done on an ongoing basis so that new owners understand the benefits and value as well. A good management company will help create a solid communication plan and strategy to reinforce the benefits with residents and owners.

Frequently asked questions about condo association rules in Illinois

Where can I find my association rules?

Condo association rules are typically shared with owners when they purchase a unit and may be included in a welcome packet or posted on a community portal. You can also request a copy from your board or community association management company. In Illinois, the board must make rules and other governing documents available upon written request within 10 business days, per the Condominium Property Act.
 

How are rules created?

Condo association rules are created by the board of directors, following the process laid out in the governing documents. In Illinois, most boards have the authority to adopt rules without a full ownership vote, but they must act reasonably and provide advance notice of any proposed changes. Many associations will give residents an opportunity to comment before new rules take effect. Legal counsel or a management company may help draft rule language that aligns with state law and the community's governing documents.
 

Can association rules be changed?

Yes, condo association rules can be changed by the board, typically through a board vote at a properly noticed meeting. In Illinois, proposed rule changes should be shared with owners in advance, and the board must follow any procedural requirements set out in the declaration or bylaws. It is common practice to provide written notice, allow for owner feedback, and then formally adopt the rule in the meeting minutes. Once adopted, updated rules should be communicated clearly to all residents.
 

What are unenforceable condo association rules?

Unenforceable condo association rules are those that conflict with state or federal law, violate the association’s governing documents, or go beyond the board’s legal authority. In Illinois, this might include rules that discriminate against protected classes, restrict rights granted by law, or weren’t adopted properly. Even well-intentioned rules can be unenforceable if they’re vague, applied inconsistently, or not backed by the declaration or bylaws. Boards should work with qualified legal counsel to regularly review their rules and confirm they align with current laws and the community’s governing documents.
 

The key to enforcing condo association rules is communication

From condo association rule creation to rule enforcement, the key to effective and reasonable rules is communication every step of the way. When owners understand why the association has certain rules and what the benefits of them are, it leads to happier residents. Not to mention a stronger community.

Learn how FirstService Residential can support your community in implementing association rules by contacting us here.