A Board Member’s Checklist, Illinois Associations
Your governing documents say what owners can and cannot do; policies say how the board will respond. That gap is where associations get into trouble. Written, consistently applied policies keep enforcement practices defensible and protect the board from claims of selective enforcement.
“A written policy is what lets a board act the same way every time, and uniform, documented action is the surest way to enforce the declaration and bylaws without inviting a claim that the board treated owners unfairly or breached its fiduciary duties. Boards that adopt and follow well-drafted policies keep their governance defensible and stay focused on running the community instead of litigating avoidable disputes.”
Required
Effective January 1, 2027, the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act will require all community associations to adopt a written collection policy before taking any collection action against a delinquent owner.
Required
Under the Illinois Condominium and Common Interest Community Ombudsperson Act, community associations are required to adopt a written policy for resolving complaints made by unit owners.
Required
Applicable only to Illinois condominium associations. Under the Illinois Condominium Property Act, Illinois condominium associations are required to adopt an accessible parking policy by April 1, 2025.
Recommended
Under the Illinois Electric Vehicle Charging Act, Illinois community associations may not prohibit or unreasonably restrict electric vehicle charging stations, but may adopt rules regarding the installation of such stations. We recommend that community associations adopt this policy to ensure electric vehicle charging stations are properly and safely installed.
Recommended until required
Under the Illinois Homeowners’ Energy Policy Statement Act, Illinois community associations must adopt a written solar energy policy within 90 days after an association receives a request for a policy statement. Under this law, Illinois community associations may not prohibit the installation of a solar energy system. Although required in certain instances, we recommend that community associations adopt this policy to ensure solar energy systems are properly and safely installed.
Recommended
Under the Illinois Homeowners’ Native Landscaping Act, Illinois community associations may not prohibit Illinois native plant species, but may adopt rules governing native landscapes. We recommend that community associations adopt this policy to ensure landscaping is uniform across the community.
Recommended
We recommend that Illinois community associations adopt a bylaw enforcement policy to ensure that the board handles all bylaw enforcement actions uniformly. This policy includes a fine schedule and details on how boards are to handle bylaw enforcement issues.
Illinois policy requirements depend on your community type, whether it is a condominium or common interest community, and your governing documents.
Do not rely on a general checklist to determine your association’s obligations. Have your association policies reviewed by counsel.
If several of these apply, a policy package is usually the fastest, cheapest fix, and it protects every enforcement action and election that follows.
50 units
now collecting under a written policy that matches both SB 3527 and the association’s governing documents
A 50-unit condominium association came to us without a written collection policy just as SB 3527 was set to take effect, which required an association to have a written collection policy before it could pursue a delinquent owner. We drafted a policy that matched both the new statute and the association’s governing documents, giving the board the same defined steps to follow each time an owner falls behind. The result is a consistent, defensible collection process that the board can apply uniformly.
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.
Required policies are inexpensive relative to the liability they prevent. We prepare our policies on a flat-fee basis, with additional customization prepared at our hourly rates. Many boards prepare the full set of policies as a package rather than one at a time.
| Policy work | Typical flat fee |
|---|---|
| Each required policy (initial compliance draft) | $500 |
| Custom or complex policy | Quoted; additional rates may apply |
For the policies required by statute, yes, in practice. The accessible parking, collection, and Ombudsperson Act policies have specific requirements, and a policy that conflicts with them is void. For the remaining policies, our firm ensures each policy matches your governing documents and complies with Illinois law, so it withstands judicial scrutiny if challenged.
No. The Illinois Electric Vehicle Charging Act and the Illinois Homeowners’ Native Landscaping Act prohibit bans and unreasonable restrictions, and violations carry penalties including attorney’s fees. Reasonable written standards are the lawful approach.
Having a written fine policy makes fines more likely to be enforced by a court if ever challenged and limits disputes over amounts and procedure.
Board members are volunteers, but policy gaps become the board’s liability the day a dispute starts. A current, well-drafted policy set can help the board:
Before the January 1, 2027 collection policy deadline arrives or the next dispute finds a gap, schedule an Illinois policy 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.