A Board Member’s Checklist, Illinois Condominiums & HOAs
Illinois condominiums and common interest communities are “creatures of statute,” so enforcement must follow the applicable statutes, such as the Illinois Condominium Property Act (“Condominium Property Act”), Illinois Common Interest Community Association Act (“CICAA”), and the Illinois Not For Profit Corporation Act, in addition to your governing documents. Enforcement done right ensures that all members of the association remain compliant with Illinois law and the association’s governing documents. As board members have a fiduciary duty under Illinois law to enforce the governing documents, taking proper enforcement action also protects individual board members from potential claims of breach of fiduciary duty.
“Consistent and uniform bylaw enforcement is essential to protecting property values and maintaining harmony within a community association. Community associations that are proactive in enforcing the governing documents often prevent small violations from becoming larger disputes that are more difficult and costly to resolve, or result in additional violations spreading throughout the community.”
Include a complaint procedure, a warning letter process, a formal violation notice and hearing process, a fine schedule, and cure periods. Apply it equally to all owners and ensure the policy complies with the Condominium Property Act or the CICAA.
Rules must be objective, uniform, authorized by your governing documents, and must not impair protected rights; as an example, courts have refused to enforce rules against protected speech.
Review and obtain all relevant dates, photos, videos, witness statements, and any complaints. Confirm the conduct being complained of is covered and prohibited by your governing documents.
Identify the details of the violation, provide an opportunity for the owner to be heard before the board, provide an opportunity to cross-examine witnesses, and indicate that the owner may be represented by an attorney.
Failure to provide an owner with notice and an opportunity to be heard may invalidate a fine. At the hearing, disclose all material evidence to the owner, keep minutes, and issue the board’s decision in an open board session.
Fines are authorized under Section 18.4 of the Condominium Property Act and Section 1-30(g) of CICAA. Fines may be levied against the owner even if the owner fails to attend the hearing.
If the violation continues, the association may file a lawsuit against the owner to compel compliance with the governing documents. In serious cases, an association may file an eviction action against the owner. Most matters resolve well before court proceedings become necessary.
Hiring an experienced attorney to enforce the association’s governing documents ensures compliance with all statutory and procedural requirements under the governing documents, increasing the likelihood of success.
Illinois enforcement requirements depend on your community type, (condominium or common interest community) your governing documents, and your adopted policy.
Do not rely on a general checklist to determine your association’s requirements. Have your policy and documents reviewed by counsel.
Any one of these can void the fine and turn an enforcement action into a dispute that the association loses and pays for.
1 letter
stopped repeated harassment of vendors by several owners in a 30-unit HOA
A 30-unit HOA came to Hirzel Law after several owners repeatedly berated and harassed the community’s vendors, creating an ongoing nuisance. We sent a formal demand letter citing the governing documents and putting the owners on notice that continued conduct would lead to legal action and potential fines. As a result, the behavior stopped, and the association has had no further issues with those owners.
Example based on an actual matter; details changed for privacy. Past results do not guarantee a similar outcome. Every matter depends on its particular facts, documents, claims, and applicable law.
Following the exact notice-and-hearing process is the biggest cost factor, skipping a step can mean an unenforceable fine and thousands of dollars in litigation over whether the fine was imposed correctly. Costs stay down when owners cure after notice; they rise when a matter heads to court.
| Enforcement step | How it’s billed |
|---|---|
| Bylaw enforcement policy (recommended, one-time) | $500 flat |
| Violation / demand letter | Hourly |
| Notice & hearing preparation | Hourly |
| Eviction or enforcement suit | Hourly |
Under the Condominium Property Act, the Eviction Act, and most governing documents, the association can seek its attorney’s fees and costs from the violating owner. However, the award of fees is within the discretion of the court, so recovery is likely but not guaranteed.
Not always, a consistent notice-and-hearing process handles most violations in-house. Bring in counsel when the owner disputes the violation, a fine may be challenged, the conduct may be protected, or litigation is on the table.
Yes, after notice and an opportunity to be heard. The notice must disclose the owner’s hearing rights.
The Board failing to conduct a requested hearing, not providing an owner with an adequate opportunity to be heard, or withholding evidence from the owner are all examples of situations when courts have voided fines.
The association can seek fees under §9.2 and most declarations, but a court’s award is discretionary, likely, not guaranteed.
Board members are volunteers, but enforcement decisions carry real liability, and in Illinois the procedure is the whole ballgame. A sound, consistently applied process can help the board:
Before levying a contested fine, scheduling a hearing, or heading to court, schedule an Illinois enforcement review with Hirzel Law.
This material is provided for general informational purposes and is not legal advice. Legal rights and deadlines depend on the particular facts, governing documents, contracts, claims, and applicable law.