Illinois HOA laws

Illinois HOA and Condo Laws, in Plain English

Illinois has 2 statutes that govern community associations: Condominium Property Act and Common Interest Community Association Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Illinois

IL
Condominium Property Act Common Interest Community Association Act
Resale document22.1 Disclosure
Fee cap$375 where the statute sets one
Deadline10 business days or 30 days, depending on the governing act
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

765 ILCS 605 (Condominium Property Act)

Condominiums

The Condominium Property Act governs the creation, ownership, and operation of condominiums in Illinois, covering how a declaration submits property to the Act, board governance, meetings, assessments, and owner access to records. It also sets out an association's duties when a unit is resold or refinanced, including the disclosure packet a seller must obtain and provide to a buyer or lender.

  • 765 ILCS 605/22.1 (Resale disclosures)

    Requires a condominium unit owner who is reselling to obtain a standard disclosure packet from the association, covering the declaration and bylaws, unpaid assessments and liens, reserves, financial condition, insurance, and pending litigation, and to make it available to the buyer. The statute directs the association to furnish this information within a set deadline and caps what it may charge for producing it.

    Official text
Read 765 ILCS 605 on the state's site

765 ILCS 160 (Common Interest Community Association Act)

HOAs and planned communities

The Common Interest Community Association Act governs homeowner and other common-interest community associations in Illinois that are not organized as condominiums, covering association formation, board and member powers, meetings, assessments, and records. It also addresses a member's disclosure obligations to the association and to prospective buyers when a unit in the community is resold. Associations of 10 units or fewer, or with annual budgeted assessments of $100,000 or less, are exempt unless they elect to be covered (Section 1-75).

  • 765 ILCS 160/1-35 (Resale disclosures)

    Requires the board of a common interest community association to make a similar disclosure packet available to a prospective buyer when a member resells a unit, covering the declaration, unpaid assessments and liens, reserves, financial condition, insurance, and pending litigation. The statute directs the association to furnish this information within a set deadline and allows it to charge a reasonable fee for doing so.

    Official text
Read 765 ILCS 160 on the state's site

When a Home Sells in Illinois

Illinois law has the association furnish 22.1 disclosure to the buyer, under 765 ILCS 605/22.1. The figures below come from the rules Havn applies to every order.

What Illinois calls the resale document
22.1 Disclosure
Fee cap
$375 where the statute sets one
Delivery deadline
10 business days or 30 days, depending on the governing act
Buyer's right to cancel
No statutory right tied to this document

The full Illinois resale rules, who pays, and how to order are on the Illinois 22.1 disclosure page. Every state's cap and deadline sit side by side in the fee and deadline table.

Illinois HOA Law Questions

Which law governs condominiums in Illinois?

765 ILCS 605 (Condominium Property Act). The Condominium Property Act governs the creation, ownership, and operation of condominiums in Illinois, covering how a declaration submits property to the Act, board governance, meetings, assessments, and owner access to records.

Which law governs HOAs in Illinois?

765 ILCS 160 (Common Interest Community Association Act). The Common Interest Community Association Act governs homeowner and other common-interest community associations in Illinois that are not organized as condominiums, covering association formation, board and member powers, meetings, assessments, and records.

Does Illinois cap the fee for a resale certificate?

Yes. The cap is $375 where the statute sets one. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Illinois resale page and in the fee table.

How long does an Illinois association have to deliver 22.1 disclosure?

10 business days or 30 days, depending on the governing act, counted from the request.

Where can I read the Illinois statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Wisconsin HOA laws

Resale fee: $50 · 10 days

Indiana HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Missouri HOA laws

Resale fee: no fixed dollar cap · 10 days

Iowa HOA laws

Resale fee: no fixed dollar cap · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • 22.1 disclosureIllinois's resale disclosure for condominiums, named for Section 22.1 of the Condominium Property Act: the documents and statements a seller must obtain from the association for a buyer.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Illinois community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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