The Illinois Condominium Property Act is codified at 765 ILCS 605. It is the Illinois state law that governs every condominium association in the state. If you own a condo unit in Illinois, this is the primary statute that protects your rights and defines the rules your condo board must follow.
What does the Condominium Property Act regulate?
The Act sets minimum operating standards for Illinois condo associations. It covers how meetings get noticed and conducted, what records owners can access, how budgets and special assessments must be approved, how elections are run, what protections owners get before a fine, and what happens when a board or property manager skips its own rules.
Which procedural steps do condo boards skip most?
Most requirements are procedural with specific deadlines. The board has to send meeting notice a set number of days in advance. They have a statutory window to produce records once you've sent a written request. Elections have to follow nomination and voting procedures. These are the steps boards and managers most often skip, and each one is documentable.
Can condo bylaws override the Condominium Property Act?
No. The statute creates rights that override conflicting bylaw provisions. If your bylaws contradict the Act, the Act wins. Most unit owners assume "it's in the bylaws" means the board has unlimited authority. They don't. Bylaw provisions that conflict with state law are unenforceable, even if the bylaws were adopted long before the Act existed.
Which Condominium Property Act procedural steps do boards typically miss?
Common documentable violations include a special assessment imposed without the required vote, a fine levied without the due-process steps the statute requires, and a records request ignored past the statutory window. Each one is its own violation. That matters because it strengthens your position even when the underlying dispute is harder to argue.
What does the Condominium Property Act not cover?
The Condominium Property Act applies to condominiums, not to most homeowners associations. HOAs fall under the separate Common Interest Community Association Act (CICAA, 765 ILCS 160). The two statutes are similar in spirit, but the specifics differ. Picking the wrong statute hurts the credibility of the demand. Confirming which statute applies is step one.
Frequently asked questions
What is the citation for the Illinois Condominium Property Act?
The Illinois Condominium Property Act is codified at 765 ILCS 605. It is the Illinois state law governing every condominium association in the state. If you own a condo unit in Illinois, the Act is the primary statute that defines your rights as a unit owner and the rules your board must follow.
What requirements does the Condominium Property Act impose on Illinois condo boards?
The Act sets minimum operating standards covering meeting notice and conduct, owner access to governance and financial records, budget and special-assessment approval thresholds, election procedures, and procedural protections owners have before fines may be imposed. Many of these requirements are procedural with specific deadlines, which is where boards most often miss steps.
Can condo bylaws override the Illinois Condominium Property Act?
No. The Act creates rights that override conflicting bylaw provisions. Where condo bylaws contradict the statute, the statute controls. Bylaw provisions that conflict with the Act's procedural requirements may be unenforceable, even if the bylaws were adopted before the statute or specifically authorize the conduct the statute prohibits.
What kinds of procedural mistakes do condo boards typically make?
Common procedural errors include special assessments imposed without the required vote, fines levied without the due-process steps the statute requires, meetings held without proper notice, and records requests ignored past the statutory window. Each is a separate documentable violation and strengthens a homeowner's position independently of the underlying dispute.
How DispuPoint addresses the Condominium Property Act
When the case involves an Illinois condo association, the Condominium Property Act is the first statute we open. The assessment identifies the specific section that applies to your facts (records, meetings, elections, fines, special assessments) and cites it in your demand letter. We also surface procedural violations under the Act that homeowners rarely catch on their own.