A Board Member’s Checklist, Illinois Condominiums & HOAs
Your declaration and bylaws, together with applicable Illinois law (the Illinois Condominium Property Act or the Illinois Common Interest Community Association Act), control the governance of your association and provide the powers and duties of the association’s board. Documents written years ago, often by the developer, may be inconsistent with current law and modern issues. Governing documents with ambiguous or conflicting provisions can cause unnecessary tension within a community when issues arise. Amending your governing documents to ensure compliance with applicable law can increase efficiency within the association and provide peace of mind to community members.
“Amending your association’s governing documents is a proactive strategy that establishes legal clarity, minimizes the risk of costly litigation, and eliminates operational uncertainty within the community. Illinois community associations that proactively review and revise outdated governing documents set themselves up for successful governance.”
Have counsel review the declaration, bylaws, rules and regulations, articles of incorporation, and all recorded amendments to identify gaps, conflicts with current law, and unenforceable provisions before beginning a draft amendment.
When addressing a single issue, such as leasing restrictions or a smoking prohibition, a spot amendment will likely suffice. Governing documents containing several outdated or developer-friendly provisions may be more suited for a full rewrite.
For most amendments, condominiums generally need 2/3 of unit owners’ approval under Section 27 of the Illinois Condominium Property Act, unless your instruments set a different figure between 50% and 75%. For community associations governed by the Illinois Common Interest Community Association Act, there is no statutory threshold, and your governing documents will determine the percentage required for an amendment.
Many community association declarations provide for an initial term in which amendments may not be permitted. Additionally, obtaining mortgagee consent for an amendment is only required if expressly set forth in the governing documents.
Send the proposed draft amendments with a plain-language explanation of the proposed changes to each unit owner, hold an informational meeting, and send notice of an association meeting to each unit owner, where the unit owners may vote on the proposed amendment.
An amendment is not effective until it is recorded in the county where the Association is located. Circulate the recorded copy to all owners and keep a copy of the recorded amendment with the association’s records.
Amendment drafting is precision work; a provision that conflicts with the Act or your other instruments can create the very disputes you’re trying to prevent.
Illinois amendment requirements depend on your community type (condominium or common interest community), your governing documents, and what is being amended.
Do not rely on a general checklist to determine your association’s requirements. Have the specific documents and proposed changes reviewed by counsel.
If several of these apply, a full rewrite of the governing documents is often cheaper than years of patchwork fixes and contested enforcement.
1980s
declaration and bylaws fully rewritten, approved, and recorded for a 30-unit association
An Illinois community association with approximately 30 units contacted Hirzel Law to perform a complete rewrite of their declaration and bylaws, which were originally prepared and recorded in the 1980s. Hirzel Law prepared the draft amendments for board review and approval, performed title searches on each unit to determine lender status for the mortgagee consent, assisted the board with the unit owner approval process, and recorded the amendment. The association now has an amended and restated declaration and bylaws that comply with Illinois law.
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.
Amendment work is scoped to what you actually need. A single, targeted change will likely cost far less than a full rewrite of the governing documents. Costs depend on the number of revisions, the number of units in your association, owner engagement, and any mortgagee consent process. Most projects are quoted after a document review.
| Approach | Typical cost |
|---|---|
| Condo & HOA Report Card (document review) | $2,000 flat fee |
| Single targeted (“spot”) amendment | Scoped, quoted after review |
| Full amend & restate | Scoped, quoted after review |
| Owner/mortgagee vote administration | Varies by unit count |
Yes, in practice. An amendment that conflicts with Illinois law or that is not properly approved can create new disputes. The notice, voting, consent, and recording steps each have requirements that, if missed, can render the effort void.
Condominium associations generally need 2/3 of the unit owners under Section 27 of the Illinois Condominium Property Act, unless your instruments set a different figure between 50% and 75%. For homeowner associations, your governing documents control.
Community associations should survey their members to determine whether an amendment is feasible before beginning the drafting process. Once the amendment is drafted, a plain-language explanation of the changes and an informational meeting can be used to answer any questions members may have.
Amendments are effective upon recording.
Board members are volunteers, but the governing documents bind every owner. A well-run amendment project can help the board:
If your documents haven’t been reviewed in the last few years, schedule an Illinois document review with Hirzel Law before the next dispute finds the gap.
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.