Illinois has two HOA statutes depending on your community type: the Common Interest Community Association Act (CICAA, 765 ILCS 160/) covers planned communities, and the Condominium Property Act (765 ILCS 605/) covers condos and some smaller HOAs that opt in. This guide explains both frameworks for boards and homeowners across the Chicago metro, Rockford, Peoria, and Springfield.
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Educational information, not legal advice.
This page summarizes Illinois HOA law as of 2026. It is not legal advice. Illinois has multiple overlapping statutes, and the rules that apply depend on your community type and size. Consult a licensed Illinois community association attorney before acting on anything here.
Section 1
The Common Interest Community Association Act (CICAA, 765 ILCS 160/) is the primary statute governing homeowners' associations in Illinois that are structured as planned communities. Enacted in 2010 and significantly amended several times since, CICAA provides comprehensive governance rules covering meetings, records, assessments, fines, and collections.
Key sections of CICAA:
CICAA does not apply to associations with fewer than 10 units. Small associations are governed by the declaration and the General Not for Profit Corporation Act (805 ILCS 105/). Some small associations voluntarily opt into CICAA or the Condominium Property Act for its more robust governance framework.
Section 2
Illinois has three overlapping statutes depending on community type and size.
The Common Interest Community Association Act. Applies to planned communities (HOAs) with 10+ units. Townhomes, single-family subdivisions, and mixed-use communities typically fall here.
Governs condominiums. Some small HOAs have elected to be governed by the Condo Property Act instead. This statute also provides a model that CICAA borrows from extensively.
Governs the corporate structure of most HOAs. Applies to all Illinois HOAs — even those under CICAA or the Condo Property Act — for corporate governance matters.
This guide focuses on CICAA HOAs (10+ unit planned communities). Small HOAs and condos should verify the statute that actually applies before relying on any specific rule.
Section 3
Section 1-25 of CICAA establishes Illinois's open-meeting requirements. The rules are detailed and strictly enforced — Illinois courts have voided board actions taken outside properly noticed meetings.
48 hours
Minimum notice for board meetings
Written notice posted at a conspicuous location or sent to members at least 48 hours before the meeting. The notice must include the agenda.
10–30 days
Notice for annual member meetings
Written notice mailed, delivered, or emailed (with consent) to every owner at least 10 but not more than 30 days before the meeting.
Open to members
Right to attend, record & speak
Members may attend all open board meetings, audio-record them, and address the board for a reasonable period during a comment period.
Executive session
Narrowly limited topics
Pending litigation, hiring/firing, individual owner violations, and discussions of third parties' alleged commission of crimes. Very narrow in Illinois.
Under § 1-25, the posted notice must include an agenda. The board cannot take action on a substantive matter not on the agenda — a rule Illinois courts enforce strictly. If an action must be taken that wasn't agenda'd, the board typically reschedules or re-notices.
The board must keep written minutes of all board and member meetings. Minutes must be retained for at least 7 years and be made available to members under § 1-40. Best practice is to approve minutes at the next meeting and post them within 30 days.
CICAA § 1-25 specifically gives members the right to address the board on any issue, subject to reasonable time limits. This is stronger than many other states — the board must provide a comment period, not just allow attendance.
Illinois law allows action by unanimous written consent of directors. Majority email voting without a noticed meeting is not authorized — substantive decisions require a properly noticed open meeting.
Section 4
Section 1-40 gives every member the right to inspect the association's books and records. Illinois's records-access provisions are among the more detailed in the country.
Under § 1-40, the association must make records available within 30 business days of a written request — or within 10 business days for certain limited categories of records. Records must be made available for inspection during reasonable business hours at a mutually convenient location.
The association may charge the member the reasonable cost of retrieving and copying records. Illinois does not set a statutory per-page cap, but charges must be reasonable. Charging for staff time to locate records is generally not permitted.
The member must have a "proper purpose" related to their membership. Illinois courts have interpreted this broadly — inspecting financial records, election materials, or meeting minutes almost always qualifies as a proper purpose. Harassment or commercial exploitation of member lists is not.
If the association willfully fails to comply with a valid records request, the member may recover actual damages, plus attorney's fees and costs. This creates a strong incentive for boards to have a records-access procedure and respond promptly.
Section 5
Section 1-30 requires the board to adopt an annual budget. Illinois's budget rules include one important member-protection feature: the budget challenge right.
The board must adopt a budget that reasonably estimates revenues and expenses. A copy of the budget must be distributed to all members at least 25 days but not more than 60 days before the meeting at which the budget will be adopted or ratified.
Under § 1-45, if the adopted budget increases the regular assessment by more than 115% of the prior year's assessment (or if a special assessment is imposed that together with the regular assessment totals more than 115%), members may petition for a vote to reject the budget. If 20% of unit owners submit a petition within 14 days of the budget being distributed, a special member meeting must be held, and the budget can be rejected by a majority of those voting.
This is a significant member-protection right unique to Illinois — it gives owners a direct check on board spending without needing to sue.
CICAA does not mandate reserve studies by statute. However, many Illinois declarations require them, and reserve funding is considered best practice — especially for condos and townhome associations with shared exterior maintenance obligations. The Illinois General Assembly has considered legislation to mandate reserve studies in recent sessions.
Neither CICAA nor the Condo Property Act mandates a specific type of financial statement based on budget size. The declaration may impose specific requirements — particularly for larger Chicago-metro associations where audited financials are common.
Section 6
Section 1-45 establishes the assessment and lien framework — including a meaningful super-lien provision.
An unpaid assessment creates an automatic lien against the unit from the date the assessment becomes due. The lien is perfected by recording a notice of lien with the county recorder.
CICAA § 1-45 includes a super-lien provision. The association's lien for up to 6 months of unpaid common expense assessments has priority over a first mortgage. The super-priority amount does not include fines, attorney's fees, late fees, or other non-assessment charges — only the base assessments themselves.
This super-priority is triggered when a mortgage lender forecloses on the unit. The lender must pay the HOA's 6-month super-lien out of the foreclosure proceeds before recovering its own claim. This gives Illinois HOAs significant collection leverage, particularly in the Chicago metro where lender foreclosures have been historically common.
CICAA does not require a specific statutory pre-lien notice period, but best practice — and most Illinois declarations — require sending a written demand letter with an itemized balance and cure deadline before recording a lien.
Late fees must be authorized by the declaration or the rules adopted under the declaration. Illinois courts apply a reasonableness standard — late fees that function as penalties rather than compensation for late-payment costs are vulnerable to challenge.
Section 7
Illinois is a judicial foreclosure state — all foreclosures, including HOA lien foreclosures, require filing a lawsuit in the circuit court.
Illinois has an additional remedy unique to community associations: under § 9-111 of the Illinois Code of Civil Procedure, an HOA (or condominium association) may file a Forcible Entry and Detainer action to recover possession of a unit from a delinquent owner. This is faster than full foreclosure and can be effective if the owner has tenants — the HOA can recover possession and collect rent directly to offset unpaid assessments.
Foreclosure is relatively rare for Illinois HOAs. The cost of judicial foreclosure, combined with the fact that the HOA lien (outside the super-priority amount) is subordinate to a first mortgage, means most Illinois HOAs pursue money judgments and wage garnishment more often than foreclosure. The forcible entry and detainer remedy is increasingly used as a middle-ground enforcement tool.
Section 8
Section 1-50 requires a notice-and-hearing process before an Illinois HOA can impose a fine. Illinois's fine procedure is one of the more formal in the country.
Written notice of the alleged violation
Describe the violation, cite the specific covenant or rule, state the proposed penalty, and inform the owner of their right to a hearing. Sent by personal delivery or by mail.
Reasonable opportunity to cure
The owner must be given a reasonable period to correct the violation (unless the violation cannot be cured).
Hearing before the board
The owner has the right to appear before the board, present evidence, and contest the violation. The hearing must be scheduled with reasonable advance notice.
Written decision
The board delivers its decision in writing within a reasonable time, stating the reasons and any fine amount. The decision must be recorded in the minutes.
CICAA does not set a statutory per-violation fine cap. Amounts are controlled by the declaration and rules adopted under it. Fines must be reasonable and proportionate.
The association may suspend an owner's right to use common-area amenities and voting rights as a consequence of violations or delinquent assessments. The same notice-and-hearing process applies.
Section 9
Section 1-35 and the General Not for Profit Corporation Act govern elections for Illinois HOAs.
An annual member meeting is required. Notice must be sent at least 10 days but not more than 30 days before the meeting. The notice must include the agenda and identify open board positions.
When an election is contested, CICAA requires the use of a secret ballot if requested by any member. Most Illinois HOAs use secret ballots for all contested elections as a matter of best practice.
Any unit owner may run for the board, subject to qualifications in the declaration or bylaws. Illinois does not have the broad anti-gatekeeping provisions found in some other states — declarations may impose reasonable candidacy requirements.
Members may vote in person, by proxy, or (if authorized by the bylaws) by absentee ballot. Proxies must be in writing, signed, and dated. Under the General Not for Profit Corporation Act, a proxy is valid for 11 months unless the proxy specifies a different period.
The quorum for a member meeting is set in the bylaws. If not specified, the General Not for Profit Corporation Act defaults to 10% of the voting members.
A director may be removed with or without cause by majority vote at a meeting called for that purpose. The General Not for Profit Corporation Act requires advance notice specifying that removal will be considered.
Section 10
When a unit is sold, CICAA § 1-85 (modeled on Section 22.1 of the Condominium Property Act, which Illinois real estate practitioners still frequently call "22.1 disclosure") requires the association to provide a detailed disclosure package. This is Illinois's resale certificate or estoppel equivalent.
The association must deliver the disclosure package within 10 business days of a written request. The fee must be reasonable and reflect the actual cost of preparing the disclosure. Failure to deliver within the deadline can delay the closing and expose the association to liability.
Illinois's resale disclosure is detailed and frequently litigated. Errors or omissions in the disclosure can bind the association — if the disclosure understates the balance owed, the new owner is typically not liable for the additional amount. Getting these right is one of the most important operational tasks for any Illinois HOA board or manager.
Section 11
The U.S. flag, Illinois state flag, and military service-branch flags may be displayed. The HOA may adopt reasonable size and placement rules but cannot prohibit display.
The Illinois Homeowners' Solar Rights Act (765 ILCS 165/) limits HOA restrictions on solar energy systems. Reasonable aesthetic guidelines are permitted; outright bans are not.
Illinois law protects the right of owners to install EV charging equipment in their designated parking spaces. The HOA may set reasonable installation standards.
Owners may display religious items on the entry door to their unit. The HOA cannot prohibit these displays but may adopt reasonable size rules.
Illinois law permits political signs during election season, subject to reasonable size and timing restrictions.
Federal law preempts HOA restrictions on satellite dishes under 1 meter installed within the owner's exclusive-use area.
Section 12
Run through this list at every board transition and the start of each fiscal year.
Confirm which statute applies (CICAA, Condo Property Act, or small-HOA common law)
Based on community type and unit count. CICAA applies to planned communities with 10+ units.
Board meeting notices posted at least 48 hours in advance with an agenda
10–30 days for annual/special member meetings. No action on items not on the agenda.
Written minutes of every board and member meeting — retained 7 years
Approved at the next meeting. Include motions, vote outcomes, and dissents.
Annual budget distributed 25–60 days before adoption or ratification
With reserve allocations if reserves are maintained.
Monitor budget challenge right — 20% petition within 14 days if increase >115%
Members can force a special meeting to reject the budget if the threshold is met.
Records available within 30 business days of written request
§ 1-40: willful noncompliance exposes the association to actual damages plus attorney's fees.
Demand letter sent before recording any assessment lien
Best practice: itemized balance, cure deadline.
Fine process follows the § 1-50 notice-and-hearing procedure
Written notice, opportunity to cure, hearing, written decision in the minutes.
Elections held per bylaws with secret ballot for contested elections
§ 1-35: 10–30 day notice, proxies valid 11 months, 10% default quorum.
§ 1-85 disclosure delivered within 10 business days of request
Current balance, pending assessments, reserves, litigation, insurance. Accuracy is critical.
Protected rights not being restricted
Flags, solar panels, EV charging, religious displays, political signs — verify no active enforcement.
Super-lien awareness for collections
CICAA § 1-45: 6 months of unpaid assessments have priority over first mortgage. Use in foreclosure scenarios with counsel.
Consider Forcible Entry and Detainer for delinquent occupied units
Illinois-specific remedy allows the HOA to recover possession of a unit and collect rent to offset delinquent assessments.
Annual D&O insurance review
Illinois HOA directors face personal liability exposure. Verify coverage limits and exclusions.
HOA Base for Illinois Associations
The 14 items on the compliance checklist above are the daily work of an Illinois HOA board. HOA Base handles each with audit trails, statutory deadlines, and records retention built in.
Schedule a board meeting and the 48-hour notice with agenda goes out automatically. Illinois's strict no-action-off-agenda rule is flagged before any vote.
When the budget increases above 115%, HOA Base automatically notifies members of their petition right and tracks the 14-day window for a challenge.
Track the 6-month super-priority amount separately from other charges. Generate payoff demand letters with the super-lien breakdown for lender-forced payoffs.
Document violations, send the notice, track the cure period and hearing, and record the written decision in the minutes with timestamps courts can verify.
Every community gets a branded portal with governing documents, budgets, and minutes. 7-year retention satisfies CICAA out of the box.
When a closing attorney requests a § 1-85 disclosure, HOA Base assembles it from live data — balance, reserves, litigation, insurance — with the 10-business-day SLA tracked.
Free setup, free migration, public pricing starting at $49/month.
FAQ
The Common Interest Community Association Act (CICAA, 765 ILCS 160/) governs planned communities with 10 or more units. Condominiums are governed by the Condominium Property Act (765 ILCS 605/). The General Not for Profit Corporation Act (805 ILCS 105/) provides the corporate-governance framework for both.
CICAA applies to associations with 10 or more units. Associations with fewer than 10 units are governed by the declaration and the General Not for Profit Corporation Act. Small associations may voluntarily opt into CICAA or the Condo Property Act by amending their declaration.
Under CICAA § 1-45, the HOA's lien for up to 6 months of unpaid common expense assessments has priority over a first mortgage. The super-priority is typically triggered in a lender foreclosure — the lender must pay the HOA's 6-month claim out of the foreclosure proceeds.
Yes, but only through judicial foreclosure — Illinois is a judicial foreclosure state. The process requires filing a lawsuit in circuit court, obtaining a judgment of foreclosure, waiting through the statutory redemption period (typically 7 months for residential property), and then holding a judicial sale.
An Illinois-specific remedy under § 9-111 of the Code of Civil Procedure that allows an HOA to recover possession of a delinquent owner's unit. It's faster than foreclosure and can be particularly effective when the owner has tenants — the HOA can collect rent directly to offset unpaid assessments.
At least 48 hours, posted conspicuously with an agenda. For annual and special member meetings, 10 to 30 days' written notice. The board cannot take action on items not on the agenda.
Under CICAA § 1-45, if the adopted budget increases assessments by more than 115% of the prior year (including any special assessments), 20% of owners may petition within 14 days for a special meeting to reject the budget. A majority vote at that meeting kills the budget.
30 business days under CICAA § 1-40 (with 10 business days for some specific records). Willful noncompliance exposes the association to actual damages plus attorney's fees.
Illinois real estate practitioners use '22.1' to refer to the resale disclosure required when a unit is sold — named after Section 22.1 of the Condominium Property Act. The equivalent provision for CICAA HOAs is § 1-85. The disclosure must include the current balance, pending assessments, reserves, litigation, insurance, and governing documents. It must be delivered within 10 business days.
No. The Illinois Homeowners' Solar Rights Act (765 ILCS 165/) limits HOA restrictions on solar energy systems. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation outright.
HOA Base was built for the volunteer board member who didn't ask for this job. Meeting notices, assessment tracking, collection workflows, fine hearings, resale disclosures — all of it in one system the next board can inherit.
Serving HOA boards across Illinois — Chicago, Naperville, Evanston, Schaumburg, Oak Park, Aurora, Rockford, and beyond.