Wednesday July 09, 2025
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.Illinois HOA laws
Illinois HOA laws govern how homeowners associations operate, what authority they have, and what rights and responsibilities members hold. These laws shape how associations function, what rules are enforceable, and how owners are protected under state and federal law:
- Illinois Common Interest Community Association Act: Covers board responsibilities, assessment collection, meeting requirements, access to records, and limits on board authority related to fines and restrictions. This law applies to most HOAs that have more than 10 residential units or annual budgeted assessments over $100,000.
- Illinois Condominium Property Act: Applies to condominium communities and provides detailed rules about common element maintenance, board elections, unit owner rights, and financial management.
- Illinois Human Rights Act: Prohibits discrimination based on protected characteristics such as race, religion, and disability. It applies to association governance, rule enforcement, and communication with residents.
- Illinois Community Association Manager Licensing and Disciplinary Act: Requires licensing for certain property managers and sets professional conduct standards to help maintain accountability in association management. This law is scheduled to sunset in 2032.
- Federal Fair Housing Act: Prohibits discriminatory practices in how rules are applied, services are delivered, and residents are treated.
- Homeowners’ Energy Policy Statement Act: Protects owners’ rights to install solar energy systems and limits the restrictions that associations can place on them.
- Electric Vehicle Charging Act: Requires associations to approve reasonable owner requests to install EV charging equipment and forbids outright bans, while allowing certain reasonable safety or aesthetic conditions.
HOA rules
HOA rules are guidelines adopted by the board to manage life within the community and help maintain property values. These rules must be reasonable and consistent with the association’s governing documents and Illinois HOA laws.Rules typically cover topics like:
- Landscaping requirements
- Trash collection
- Parking restrictions
- Noise limits
- Use of common areas
- Pet policies
Associations are also limited in what they can prohibit. Under Illinois law, HOAs can’t implement a blanket ban on the display of the American flag or on the installation of certain satellite dishes, solar panels, or electric vehicle chargers, subject to reasonable limitations. Rules should be reviewed regularly with the help of qualified legal counsel to stay aligned with current law and evolving community needs.
Enforcing HOA rules
Illinois HOA boards are responsible for enforcing community rules, but enforcement must follow the process set out in state law and the association’s governing documents. That typically starts with a written notice to the owner explaining the issue and offering a chance to respond or attend a hearing. Generally, fines or other consequences can only be imposed after that step is complete. Boards should apply rules consistently and avoid making exceptions that could be seen as selective or unfair. Keeping clear records of communication and actions taken can help support the board’s position if questions come up later.Tenant rights and responsibilities in an Illinois HOA
Tenants living in an HOA community must follow the same community rules that apply to owners. Tenants usually do not have voting rights in association matters unless a proxy is granted by the owner. If a tenant breaks a rule, the board may notify the owner directly. The owner remains responsible for resolving the issue and for any fines or enforcement action that follows.Illinois community associations may have the authority to implement rental restrictions, such as setting minimum lease terms or requiring owners to provide notice before leasing their unit. However, these limits must be clearly outlined in the governing documents. Some communities may require that tenants sign an acknowledgment agreeing to follow HOA rules. Boards should also follow anti-discrimination laws like the Illinois Human Rights Act and the Fair Housing Act when communicating with or about tenants.
Meeting requirements for Illinois HOAs
Illinois HOA laws require boards to hold meetings at least four times per year and provide advance notice to residents. Meeting minutes should be recorded and made available to owners upon request. Illinois HOA boards often partner with professional management companies like FirstService Residential to help prepare for board meetings, run meetings smoothly, stay organized, and support consistent practices.Financial responsibilities under Illinois HOA laws
Homeowners in Illinois HOA communities are typically required to pay regular assessments to cover shared expenses like maintenance, repairs, insurance, and reserve funding. The board is responsible for adopting an annual budget, collecting dues, and managing association funds in accordance with the law and the community’s governing documents.Boards may charge late fees or interest on unpaid assessments and have the right to pursue collection, following specific legal procedures. Illinois HOA laws may also require that associations maintain separate operating and reserve accounts and keep detailed financial records. Transparent budgeting, timely financial reporting, and clear communication with owners can help prevent misunderstandings and support long-term stability.