The Condo Unit Owner's Rights and Responsibilities Handbook

https://idfpr.illinois.gov/CCICO/

August 2022

The

Condo Unit Owner’s

Rights and

Responsibilities

Handbook

ince the first Declaration of

Condominium Ownership in Illinois

was recorded on January 31,

1963, condominiums have

become a very popular form of home

ownership in Illinois. By one estimate, 3.7

million Illinoisans resided within a

condominium development in 2015

– a number equal to nearly thirty percent of

the State’s population that year.

“Condominium” refers to a method of

ownership and not a physical style or type

of building. New and existing high-rise

buildings, townhouses, duplexes and three-

flats can all be condominiums. Home

ownership in a condominium association is

decidedly different compared to a single

family home.

Condominium living is accompanied

by distinct duties and responsibilities, as

well as certain rights for unit owners. As

pleasant and convenient as living in a

condominium association can be, this type

of housing presents its unique set of

challenges.

A condominium association is, after

all, a sort of highly-local mini-government

with its own set of internal “laws.” But just

as there are rules with which condominium

unit owners (“unit owners”) must comply,

so, too, do unit owners have rights. The

purpose of this publication is to discuss the

basic rights and responsibilities of unit

owners.

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The information contained in this

publication is a brief overview of the duties,

rights and responsibilities of unit owners in

condominium developments. The

information is intended to provide general

information and is not a substitute for

obtaining legal advice to address specific

situations. Since this publication may not

contain subsequent changes in the law, it

should only be used as a general source of

information. The complete text of the

Illinois Condominium Property Act (“Act”)

(765 ILCS 605/1, et. seq.) as well as the

General Not for Profit Corporation Act (805

ILCS 105/1, et. seq.) can be obtained on

the website of the Illinois Condominium and

Common Interest Community

Ombudsperson at :

http://www.idfpr.com/CCICO.

The General Not for Profit Corporation

Act is relevant to those associations that have

elected to become not-for-profit corporations

and have registered with the Illinois Secretary

of State; associations, whether or not

incorporated, have those powers and

responsibilities specified in the General Not

For Profit Corporation Act that are not

inconsistent with this Act or the condominium

instruments.

Legal Basis for the Condominium

The Illinois Condominium Property Act

provides the framework for the creation and

governance of condominium associations.

Condominium associations may choose to

incorporate as Illinois not-for-profit

corporations, pursuant to Section 18.1 of the

Act, but are not required to do so. An

association, whether or not it is incorporated,

has the powers and responsibilities specified

in the General Not for Profit Corporation Act

of 1986 that are not inconsistent with the Act

or the condominium instruments (as defined

in the Act).

“Condominium”

refers to a method of

ownership and not a

physical style or type

of building.

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In the context of associations, the

terms “board of directors” and “board of

managers” are frequently used

interchangeably. "Board of Directors" is the

usual name for the group of unit owners

governing an association that has

corporation status, including a not-for-profit

condominium association. "Board of

Managers" is the usual name for the group

of unit owners governing an association that

is unincorporated.

Every unit owner automatically

becomes a member of the unit owners’

association --the association of all the unit

owners, acting pursuant to bylaws through

its duly elected board of managers.

Throughout this publication, the term “unit

owner” and “member” will be used

interchangeably, “association” will refer to

the condominium association and “board”

will refer to the board of managers or board

of directors, whichever is applicable.

Governance Documents

Just as the operator of a motor vehicle

must be knowledgeable about the “rules of

the road,” so must unit owners become

familiar with the documents that control the

operation and administration of the

condominium association. These are:

Declaration: The declaration is the document

which creates and defines the association. It

essentially contains the “ground rules” for the

association. It is recorded against the entire

property so that all owners who buy property in

the association after the date on which the

declaration is recorded will be bound by its

provisions. Thus, the declaration “runs with the

land,” i.e., is found in the chain of title to the

property, and affects all subsequent owners of

the property. The declaration will also

commonly contain various restrictions against

owners using the property or the units in a

certain way. The declaration may be

considered the “constitution” for the operation

and administration of the condominium

association. As a general rule, if there is

a conflict between the provisions of the

declaration and the bylaws or other

condominium instruments, the declaration

prevails except to the extent it is inconsistent

with the Act.

Bylaws: The Bylaws, often an exhibit to the

declaration or incorporated within the body of

the declaration, contain the procedural

framework under which the association/

corporation will run. The bylaws tell the board

of directors how to run the corporation, i.e. how

many people should sit on the Board, how often

to meet, notice requirements, the power of the

Board, the manner in which board members

may participate in a board meeting and the

method of filling vacancies on the board, for

example. An association’s bylaws must set forth

the method by which the association adopts

and amends rules and regulations governing

the use and operation of the common elements.

Rules and Regulations: Rules (or “ rules and

regulations”) are sometimes referred to as the

“dos and don’ts” of a community association.

The rules assist the association in meeting

obligations and terms imposed by or restrictions

within an association’s declaration. It is a board

function to adopt or amend rules.

There is a hierarchy of authority between

the association's governing documents and the

Act. In any situation where the governing

documents and the Act conflict (for instance,

where the governing documents limit the

Board's ability to pass special assessments or

make certain expenditures), the Act will control

and trump any inconsistent provision within the

governing documents.

Every unit owner

automatically

becomes a member of

the unit owners’

association

All persons who use or occupy a

condominium unit are subject to the Act, as

well as the declaration, bylaws and rules and

regulations. (Act, Section 18(n)).

Unit Owners’ Rights and

Responsibilities

Availability of Condominium Documents:

Any member of an association has the right to

inspect, examine, and make copies of: (1) the

association’s declaration, bylaws, and plats of

survey and all amendments to these

documents; (2) the association’s rules and

regulations, if any; (3) if the association is

incorporated, the association’s articles of

incorporation and all amendments to the

articles; (4) minutes of all meetings of the

board for the immediately preceding 7 years;

(5) all current policies of insurance of the

association; (6) all contracts, leases and other

agreements then in effect to which the

association is a party or under which the

association or the unit owners have obligations

or liabilities; (7) the books and records for the

association’s current and ten immediately

preceding fiscal years, including but not limited

to itemized and detailed records of all receipts,

expenditures and accounts; and (8) any

reserve study. In order to exercise this right,

an association member must submit a written

request to the board or its authorized agent,

stating “with particularity” the records being

requested. An association must generally

provide such records within 10 business days.

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The Act also gives association

members the right to inspect, examine, and

make copies of another subset of documents,

but with respect to these, the member must

not only identify the records “with particularity”

but also state “a purpose that relates to the

association” for requesting them. These

documents are (1) a current listing of the

names, addresses, email addresses,

telephone numbers and weighted vote of all

members entitled to vote; and (2) ballots and

proxies related to ballots for all matters and

voted on by the members of the association

during the immediately preceding 12 months,

including but not limited to the election of

members of the board. An association must

generally provide such records within 10

business days. The board may require the

member to certify in writing that s/he will not

use the information for any commercial

purpose (that is, for sale, resale or solicitation

or advertisement for sales or services) or any

purpose that does not relate to the association

and may impose a fine upon any person who

makes a false certification.

The association may charge the

requesting member the actual cost to the

association of retrieving and making requested

records available for inspection and examination

and, if a member requests copies of the

records, the association shall charge its actual

costs of reproducing the records to the

requesting member.

All persons who use

or occupy a

condominium unit are

subject to the Act, as

well as the

declaration, bylaws

and rules and

regulations.

Anti-Discrimination: Federal law prohibits

discrimination in housing by associations and

their agents and employees on the basis of

race, color, national origin, sex, religion,

disability, and familial status (children in the

family). In addition, the Illinois Human Rights

Act prohibits discrimination on the basis of

ancestry, marital status, sexual orientation or

order of protection status. Examples of

discriminatory rules are those that prohibit

children from using recreational areas or

other services, such as using the swimming

pool.

Just as it is illegal to discriminate

against persons because of their race, it is

illegal to discriminate against them because

they have children. Also, physically disabled

unit owners may have a right to install

physical accommodations (at the disabled

person’s own expense) such as ramps,

handrails and similar improvements to enable

then to have full use of the condominium

property or their unit.

An association with rules limiting pets

must generally exempt “assistance animals” –

a broad term used by the U.S. Department of

Urban and Housing Development (“HUD”) to

encompass not only “service animals” which

are exclusively dogs that have been specially

trained to perform specific tasks or do work for

the benefit of a disabled individual, but also

“emotional support animals” which includes

any animal (including, but not limited to, dogs,

cats, birds, reptiles, etc.) which provides

disability-related assistance to its owner but

need not have been specifically trained or

certified in any way. HUD makes clear that all

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assistance animals in any housing context

including private residential associations, must

be considered under the Federal Fair Housing

act’s “reasonable accommodation”

requirements.

Boards have a responsibility to

reasonably accommodate the needs of a unit

owner who is a person with a disability as

required by the federal Civil Rights Act of 1968,

the Illinois Human Rights Act and any

applicable local ordinances in the exercise of its

powers with respect to the use of the common

elements or approval of

modifications in an individual

unit. The individual whose

needs are being thus

accommodated may be asked

to pay the costs of any such

modifications.

Association Meetings: There are two types

of meetings: board meetings and membership

meetings. Membership meetings are often

referred to as unit owner meetings. Unit

owners have the right to attend both types of

meeting.

Board Meetings

An association board must meet at least

four times annually and a quorum (as defined in

the by-laws) of board members is required, but

board members may participate in and act at

any meeting of the board in person, by

telephonic means, or by use of acceptable

technological means enabling all persons

participating in the meeting to communicate

with each other.

Notice of every board meeting must be

posted in entranceways, elevators or other

conspicuous places in the condominium at least

48 hours prior to the meeting; if there is no

common entranceway for 7 or more units, the

board may designate alternate locations; and

provide by mail or delivery to each unit owner, if

required by the bylaws or otherwise required by

the Act. If a unit owner has provided written

authorization, such delivery may be made by

acceptable technological means.

The Illinois Human

Rights Act prohibits

discrimination on the

basis of ancestry,

marital status, sexual

orientation or order of

protection status.

Meetings must be open to all unit

owners. At the option of board members,

others may be invited, such as the

management company representative or

others presenting information about

association business. Unit Owners do not

have the right to comment at board meetings.

However, many condominium

association boards have a unit owner

comment period, subject to the discretion of

the board. Any unit owner may record a

board meeting by tape, film, or other means.

The board may adopt reasonable rules to

govern the making of such recordings.

Membership/Association Meetings

A membership meeting must be held at

least once a year and requires a quorum of unit

owners which, by default under the Act, is

defined as 20% of the unit owners. Written

notice must be mailed or delivered to all unit

owners, giving no less than 10 days and no more

than 30 days’ notice of the time, place and

purpose of the meeting. If the unit owner has

provided written authorization, such delivery may

be made be acceptable technological means. If

a proposed rule is to be discussed at a

membership meeting called for that specific

purpose, the notice must contain the full text of

the proposed rule.

Special meetings of the members can be

called by the president, the board or by 20% of

unit owners.

Closed Meetings

A “closed session” is a portion of an open

board meeting during which the board discusses

– but does not vote on – certain sensitive matters

specified by Illinois law, without any owners

present. A closed session occurs when the

board votes to go into closed session at any time

during a board meeting or when a quorum of

board directors meeting privately outside of a

board meeting to discuss one (1) of the following

six (6) matters that may lawfully be addressed in

closed session: (1) discussing pending or likely

litigation by or against the association; (2)

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discussing the appointment, employment,

engagement, or dismissal of an employee,

independent contractor, agent, or other provider

of goods and services; (3) interviewing a

potential employee, independent contractor,

agent, or other provider of goods and services;

(4) discussing violations of the association’s rules

and regulations; (5) discussing an owner's

unpaid assessments; and (6) consultation with

the association's legal counsel. Minutes of the

board meeting should not reflect the matters

discussed in closed session, and any vote on

matters discussed in closed session must take

place in an open portion of a board meeting.

Some or all of the members of a condominium

association board may also meet privately (that

is, without holding a board meeting) for those

same six purposes.

Assessments: Members of a condominium

association are legally obligated to collect

assessments from the unit owners. Each unit

owner has a duty to pay his share of common

expenses in a timely manner. This share of

common expenses is collected through the

process of “assessment” and arises from the fact

that every unit owner shares common element

ownership in an undivided manner. Unit owners

are responsible for paying “assessments”

including both assessments for day to day

operating expenses, reserve assessments for

expenses relating to long-term maintenance and

any “special assessments.” Assessments are

determined according to the percentage of

ownership in the common elements set forth in

the association’s declaration.

A “closed session”

is a portion of an

open board meeting

during which the

board discusses—

but does not vote

on—certain

sensitive matters

Each association’s bylaws must

specify the method of estimating the amount

of the annual budget, and the manner of

assessing and collecting from the unit

owners their respective shares of such

estimated expenses.

They must also explicitly provide that

the association has no authority to forbear

the payment of assessments by any unit

owner—to permit a unit owner to refrain

from paying assessments. Therefore, unit

owners may not either withhold

assessments or pay them into an escrow

account.

If there are unplanned repairs or other

situations where additional funds are needed

to support the association, then the primary

tool at the board's disposal is a special

assessment. A special assessment allows

the Board to collect additional funds from the

unit owners above and beyond the normal

monthly assessments.

Special assessments can be

arranged in whatever manner the board

would like in terms of timing and number of

payments. For example, a special

assessment may call for a single lump

payment or may require smaller payments

over months or even years. Owners may be

issuing two payments each month; one for

their normal monthly assessment and

another for the special assessment. The unit

owners are not included in the vote and may

not veto the board's decision if the special

assessment has been adopted for

emergency or legally mandated purposes

(discussed further herein). Unite owners do

have recourse to reject special assessments

adopted by the board for all other

expenditures.

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If the board of directors adopts a special

assessment that results in the total assessments

(regular and special) in a given year exceeding

one hundred and fifteen percent (115%) of the

total assessments in the prior year, then owners

can petition the board for a meeting of owners to

vote on such special assessment. The petition

must be signed by owners with at least twenty

percent (20%) of the total votes and presented

to the board within fourteen (14) days of the

board’s approval of the special assessment. If

such a petition is presented, the board must call

a meeting of owners within thirty (30) days, and

at the meeting owners with a majority of the total

votes in the association must vote to reject the

special assessment, or else it is ratified.

Pursuant to Section 18(a)(8) of the Act,

separate assessments for expenditures relating

to emergencies or mandated by law may be

adopted by the board of managers without

being subject to unit owner approval.

"Emergency" is defined as an immediate

danger to the structural integrity of the common

elements or to the life, health, safety or property

of the unit owners.

The Act provides that all special

assessments related to emergencies (defined as

“an immediate danger to the structural integrity

of the common elements or to the life, health,

safety or property of the unit owners”) or

mandated by law are not subject to veto by the

owners. Assessments for additions and

alterations to the common elements or to

association-owned property not included in the

adopted annual budget, must be separately

assessed and are subject to approval of two-

thirds of the total votes of all unit owners.

Condo unit owners may not withhold

assessments even if the condo association fails

to make repairs and perform maintenance. If a

unit owner does not pay his or her assessment

(or of any other expenses lawfully agreed upon

or any unpaid fine) to the association, the

association may file for relief under the Forcible

Entry and Detainer Act. (735 ILCS 5/9-101).

Each unit owner has a

duty to pay his share

of common expenses

in a timely manner.

This law allows the association to ask a

court for a money judgment and possession of

the unit for which assessments have not been

paid. The law only allows the association to

take possession of the unit; the owner will still

own the unit. Once the association has

possession of the unit, it may rent out the unit

and use the rental income to pay the past due

assessments.

A full discussion of the Forcible Entry

and Detainer Act is beyond the scope of this

publication and any unit owner against whom

such an action is filed is encouraged to

promptly seek legal advice.

Budget: Each year the board must prepare

and distribute a proposed annual budget

indicating with particularity: all anticipated

common expenses by category (line item);

capital expenditures or repairs; payment of

real estate taxes, if any; the amount

designated for reserves; each unit owner’s

anticipated assessments; and other

anticipated income.

Unit owners must be

provided with a copy of the

proposed annual budget at

least 25 days before the

date of the board meeting

at which the board will

adopt the proposed annual

budget. Notice of the board

meeting at which the board

will adopt the proposed

annual budget must be

mailed or delivered to all unit owners not less

than 10 days and not more than 30 days

before the date of that board meeting. Notice

of the board meeting must also be posted at

least 48 hours before the date of that board

meeting. “Notice” means, with certain

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exceptions, posting in entranceways, elevators or

other conspicuous places in the condominium.

Notice must also be given to: (i) each unit owner

who has provided the association with written

authorization to conduct business by acceptable

technological means, and (ii) to the extent

that the

condominium instruments of an association

require, to each other unit owner by mail or

delivery.

The budget must be approved by at least a

majority of the board members present at a

properly noticed open board meeting, at which a

quorum of the board is present during the entire

meeting.

Unless an association has expressly waived

the Act’s reserve requirements by a vote of 2/3 of

the total votes of the association, all budgets must

provide for “reasonable reserves” for capital

expenditures and deferred maintenance for repair

or replacement of the common elements. To

determine the amount of reserves appropriate for

an association, the board must consider the

following: (i) the repair and replacement cost, and

the estimated useful life, of the property which the

association is obligated to maintain, including but

not limited to structural and mechanical

components, surfaces of the buildings and

common elements, and energy systems and

equipment; (ii) the current and anticipated return

on investment of association funds; (iii) any

independent professional reserve study which the

association may obtain; (iv) the financial impact on

unit owners, and the market value of the

condominium units, of any assessment increase

needed to fund reserves; and (v) the ability of the

association to obtain financing or refinancing.

Each unit owner has the right to receive an

itemized accounting of the common expenses for

the preceding year actually incurred or paid,

together with an indication of which portions were

for reserves, capital expenditures or repairs or

payments of real estate taxes and with a

tabulation of the amounts collected pursuant to the

budget or assessment, and showing the net

excess or deficit of income over expenditures plus

reserves.

An association that consists of 100 or more

units must use generally accepted accounting

principles in fulfilling any accounting obligations

under the Act.

Each year the board must

prepare and distribute a

proposed annual budget

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Disclosures to prospective purchasers:

The Act grants rights not only to unit owners,

but to prospective purchasers buying a

condominium unit from an owner other than

the developer (who are subject to more

rigorous disclosure requirements). If the

prospective purchaser asks for them, the unit

owner/seller is required to obtain from the

board and make available for inspection, the

following: (1) a copy of the declaration,

bylaws, other condominium instruments and

any rules and regulation; (2) a statement of

any liens, including a statement of the

account of the unit setting forth the amounts

of unpaid assessments and other charges

due and owing; (3) a statement of any capital

expenditures anticipated by the unit owner’s

association within the current or succeeding

two fiscal years; (4) a statement of the status

and amount of any reserve for replacement

fund and any portion of such fund earmarked

for any specified project by the board; (5) a

copy of the statement of financial condition of

the unit owner’s association for the last fiscal

year for which such a statement is available;

(6) a statement of the status of any pending

suits or judgments in which the unit owner’s

association is a party; (7) a statement setting

forth what insurance coverage is provided for

all unit owners by the unit owner’s

association; (8) a statement that any

improvement or alterations made to the unit,

or the limited common elements assigned to

the unit, by the prior (selling) unit owners are

in good faith believed to be in compliance

with the condominium instruments; and (9)

the identity and mailing address of the

principal officer of the unit owner’s

association or of the other officer or agent as

is specifically designated to receive notices.

The association must provide this information

when requested to do so in writing and within

30 days of the request. These are often

referred to as “Section 22.1 Disclosures,”

referring to the Section of the Act which

requires them.

Elections: The most important role and right

of a unit owner is electing directors to the

association’s board, which has a great deal of

power over the day-to-day operations of the

association.

The bylaws of every condominium

association must provide for the election from

among the unit owners of a board of managers.

Once elected, board members have broad

authority to act on behalf of the association and

its members subject to the Act, the declaration

and bylaws including filling vacancies on the

board until the next annual

meeting of unit owners and

electing the association’s

officers.

The Act requires that the members hold

an annual meeting, one of the purposes of

which is the election of board members from

among the unit owners. The Act generally

provides unit owners the right to vote in person

or by a proxy executed in writing by the unit

owner or his duly authorized attorney.

However, it is important for unit owners to be

familiar with the declaration, bylaws and rules

of their association, which may prohibit the use

of proxies or provide for alternative voting

methods (i.e. electronic voting or absentee

ballots).

The board may distribute to unit

owners biographical and background

information about candidates for election to

the board if reasonable efforts are made to

identify all candidates, all candidates are

given an opportunity to include this

information in the materials to be distributed

to unit owners, and the board does not

express a preference in favor of any

candidate.

The Act grants rights

not only to unit owners,

but to prospective

purchasers

Written notice of the meeting at which

the election will be conducted must be mailed

or delivered to all unit owners, giving no less

than 10 days and no more than 30 days’

notice of the time, place and purpose of the

meeting. If the unit owner has provided

written authorization to receive delivery by

acceptable technological means (most often,

email), such delivery may be made by an

Association.

Fiduciary Duties: Unit owners have a right

to expect that members of the board will “do

right by them” or in legal terms, fulfill their

fiduciary duties. The Act specifically requires

the officers and members of the board (the

directors) to exercise the care required of a

fiduciary of the unit owners. In general,

these fiduciary duties require undivided

loyalty and the exercise of reasonable

business judgment in conducting

the business affairs of the association. Even

if a unit owner doesn’t believe that the board

has made the “right” decision, if the board

and its members follow the correct

procedures and act in the interest of the

association, they generally will not be

personally liable for their actions on behalf of

the association.

Improvements and Alterations: A unit

owner has the right to “make his home his

castle” but must do so in accordance with the

association’s governing documents.

Generally speaking, a unit owner may not do

anything in his or her unit that will jeopardize

other property in the condominium or

interfere with the use and enjoyment of the

property by other unit owners.

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Moreover, the association’s declaration

generally prohibits unit owners from making

alterations to any common limited common

element (including those located within the unit

owner’s unit) w ithout written board approval,

thereby limiting the unit owner's ability to take

unilateral action in certain cases. The board

also has the right, under the Act, to access any

unit if necessary for the maintenance, repair or

replacement of common elements or for making

emergency repairs necessary to prevent

damage to the common elements or to other

units.

"Emergency" is defined in the Act to

mean an immediate danger to the structural

integrity of the common elements or to the life,

health, safety or property of the unit owners.

To the extent possible, it is a good practice for

associations to notify unit owners if it plans to

make access for non-emergency purposes.

Leases: A properly adopted declaration

provision can restrict renters within an

association. If the association does permit

renters, the unit owner leasing the unit must

deliver a copy of the signed lease to the board

or if the lease is oral, a memorandum of the

lease, not later than the date of occupancy or

10 days after the lease is signed. All persons

who use or occupy a condominium unit are

subject to the Act, as well as the declaration,

bylaws and rules and regulations. Since the

renter will be required to comply

with the provisions of these

documents, the unit owner

should provide the renter with a

copy of those documents or, at

minimum, of the rules and

regulations. Pursuant to

Section 9.2(a) o f the Act, unit owners are liable

for any damage caused to the association by

their tenants, and the board, in certain cases,

will have recourse against both the unit owner

and tenant for violations of the declaration, by-

laws or rules.

Since non-compliance with the

association’s rules and regulations may have

an effect on the association and unit owners, it

is a good idea for associations themselves to

provide renters with the most recent copy of its

rules and regulations.

A unit owner may not do

anything in his or her unit

that will jeopardize other

property in the

condominium

A board may not adopt rules or

regulations that impair any rights protected by

First Amendment to the United States

Constitution or the freedom of speech

provisions contained in the Illinois Constitution.

Reserve Study: A “reserve study” is a sort

of “business plan” for the maintenance of

the association’s assets. As a general rule,

a reserve study includes a physical analysis

and a financial analysis and assesses the

state of the common elements. A “reserve

study” is often used by boards to help

determine whether the association is

maintaining reasonable reserves for capital

expenditures and deferred maintenance for

repair or replacement of the common

elements as required by the Act.

Unit owners have

the right to

participate in

the association’s

rulemaking process

Rules and Regulations: Unit owners have

the right to participate in the association’s

rulemaking process by attending and

participating in any membership meeting

called for the specific purpose of discussing

proposed rules and regulation. Written

notice of such meeting must be mailed or

delivered giving members no less than 10

and no more than 30 days’ notice of the

time, place and purpose of the meeting. If

the unit owner has provided written

authorization, such delivery may be made

be acceptable technological means. The

notice must contain the full text of the

proposed rule. Unless an association’s

declaration or bylaws provide otherwise, no

quorum is required at the meeting.

The association may not enact any rule

or regulation that prohibits any reasonable

accommodation for religious practices,

including the attachment of religiously

mandated objects to the front-door area of a

condominium unit.

A board may also not prohibit the

display of the American flag or a military flag,

or both, on or within the limited common areas

and facilities of a unit owner or on the

immediately adjacent exterior of the building in

which the unit of a unit owner is located.

https://idfpr.illinois.gov/CCICO/

Surplus or Deficit of Funds:

If an association’s fiscal year ends with a

surplus of funds over actual expenses,

including budgeted reserve fund contributions,

the board of managers has the authority

(unless the declaration or bylaws provide

otherwise), in its discretion, to dispose of the

surplus in one or more of the following ways:

(i) contribute the surplus to the association's

reserve fund;

(ii)return the surplus to the unit owners as a

credit against the remaining monthly

assessments for the current fiscal year;

(iii) return the surplus to the unit owners in

the form of a direct payment to the unit

owners; or

(iv) maintain the funds in the operating

account, in which case the funds shall be

applied as a credit when calculating the

following year's annual budget.

If the fiscal year ends in a deficit, the

board of managers has the authority (unless

the declaration or bylaws provide otherwise),

in its discretion, to address the deficit by

incorporating it into the following year's annual

budget.

If 20% of the unit owners of the

association deliver a petition objecting to the

board’s action within 30 days after notice to

the unit owners of the action, the board of

managers shall call a meeting of the unit

owners within 30 days of the date of delivery

of the petition.

At the meeting, the unit owners may

vote to select a different option than the

option selected by the board of managers.

Unless a majority of the total votes of the unit

owners are cast at the meeting to reject the

board's selection and select a different option,

the board's decision is ratified.

Unit owners have a responsibility to

obey their association’s rules and

regulations.

The Act gives associations the

ability to, following notice and an

opportunity to be heard, to levy reasonable

fines for violation of the declaration in,

bylaws and rules and regulations of the

association. No specific form of notice is

required, but the notice should inform the

unit owner of the rule he or she has

allegedly violated, along with the time, date

and location of the violation.

The notice should also inform the

owner that he or she has the right to

request a hearing before the board by

notifying the association in writing of the

request. In other words, a unit owner has a

right to some level of due process before

an association levies a fine against him.

Unit owners have a responsibility to pay

any fines levied against them.

The Act provides that if a unit owner

fails to pay a fine when it is due, the

amount of the fine together with any

interest, late charges, reasonable attorney

fees incurred enforcing the condominium

instruments or rules and regulations

constitute a lien on the interest of the unit

owner in the property.

Unit owners have a

responsibility to obey

their association’s rules

and regulations.

https://idfpr.illinois.gov/CCICO/

Units, Common Elements and Limited

Common Elements:

The inner space of a unit owner’s

residence, the “unit” in which the owner

resides, is the owner’s to decorate,

maintain and live in. All space and other

fixtures and improvements within the

boundaries of a unit are usually considered

to be a part of that unit.

As a general principle, unit owners

have the “right of quiet enjoyment” of their

residence. However, the declaration often

sets forth restrictions on activities that may

interfere with the use and enjoyment of an

individual unit owner’s residence or the

common elements.

To the extent these are not set forth

in the declaration, the bylaws must contain

restrictions and requirements regarding the

use and maintenance of the units and the

common elements that are designed to

prevent “unreasonable interference” with the

use of their respective units and of the

common elements.

"Common Elements" is defined in the Act

to mean all portions of the property except the

units, including limited common elements

unless otherwise specified. “Limited Common

Elements” Is defined by the Act to mean a

portion of the common elements so

https://idfpr.illinois.gov/CCICO/

designated in the declaration as being

reserved for the use of a certain unit or units

to the exclusion of other units, including but

not limited to balconies, terraces, patios and

parking spaces or facilities. the Condominium

Act expressly states the board shall

administer the common elements, which

includes maintenance, repair and

replacement. An association’s bylaws must

provide for the maintenance, repair and

replacement of the common elements. All unit

owners share the right to use the common

elements subject to reasonable regulations as

well as responsibility for their maintenance

(through the payment of assessments).

Unit owners should carefully review the

contents of the declaration to which their

association is subject. Generally, the

Declarations define the common elements as all

of the property except for the dwelling units. This

means common elements could include

recreation facilities foundations, hallways,

stairways, entrances and exits, common parking

areas, storage areas, basement, roof, electrical

wiring and conduits, central heating and air,

public utility lines, floors, ceilings, outside walks

and driveways, landscaping. Limited common

elements are generally defined as those common

elements which are appurtenant to or for the

exclusive use of some, but not all, unit owners.

common or limited common elements in any way.

Some examples of limited common elements are

balconies, plumbing fixtures and related pipes,

terraces, patios and parking spaces. Generally, a

unit owner must obtain written board approval

before modifying the common or limited common

elements in any way.

An association may not

adopt rules or

regulations that impair

any rights protected by

First Amendment to the

United States

Constitution...

https://idfpr.illinois.gov/CCICO/ 14

Acceptable Technological Means

The right to perform any obligation or exercise any right under any condominium instrument or the

Act by use of acceptable technological means including electronic transmission over the Internet or

other network, whether by direct connection, intranet, telecopier, electronic mail, and any generally

available technology that, by rule of the association, is deemed to provide reasonable security,

reliability, identification, and verifiability. 765 ILCS 605/18.8(b)

Board Matters

The right to receive notice of every board meeting at least 48 hours prior to the meeting. 765 ILCS

605/18(a)(9)(E)

The right to attend every board meeting (except those portions thereof that may properly be

closed). 765 ILCS 605/18(a)(9)(A)

The right to record the proceedings and meetings of the board, subject to reasonable rules and

regulations prescribed by the board. 765 ILCS 605/18(a)(9)(C)

The right to know how administrative rules and regulations governing operation of and use of the

common elements are adopted and amended. 765 ILCS 605/18(b)(l)

The right to receive notice of the board’s intent to enter into a contract with a current board member

or with a corporation or partnership in which a board member or member of his or her immediate

family has 25% or more interest within 20 days after a decision is made to enter into the contract.

765 ILCS 605/18(a)(16). (The Act contains provisions pursuant to which unit owners may petition

for a meeting to be held for an election to approve or disapprove the contract.)

Budgets

The right to receive a detailed proposed annual budget prepared by the Board and distributed to all

unit owners. 754 ILCS 605/9(c)(1)

The right to receive a copy of the proposed annual budget at least 25 days prior to the adoption

thereof by the board. 765 ILCS 605/18(a)(7)

The right to receive notice of any board meeting concerning the adoption of the budget or to adopt

a special assessment. 765 ILCS 605/18(a)(8). Unit owners must be given at least 10 but not more

than 30 days’ notice of the meeting. 765 ILCS 605/18(b)(6)

The right to an association budget that provides for reasonable reserves for repair or replacement

of the common elements (unless waived by the association if the condominium instruments do not

include a reserve requirement). 765 ILCS 605/9(c)(2)

Unit Owner Rights quick reference guide

https://idfpr.illinois.gov/CCICO/ 15

Displays

The right to reasonable accommodation for religious practices, including the attachment of religiously

mandated objects to the front-door area of a condominium unit. 765 ILCS 605/18(h)

The right to display the American flag or a military flag, or both, on or within the limited common areas and

facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit

owner is located. 765 ILCS 605/18.6

Elections

The right to elect a board of managers or board of directors. 765 ILCS 605/18(a)(1)

The right to express a preference for any of the known candidates for election to the board or to write in a

name. 765 ILCS 605/18(a)(18)

Inspection of Records

The right to submit a written request, stating with particularity the records sought to be examined, to inspect,

examine and make copies of the following records: The association’s declaration, bylaws, plats of survey and

all amendments of these; the rules and regulations of the association; the articles of incorporation of the

association and all amendments to the articles of incorporation; minutes of all meetings of the association for

the immediately preceding 7 years; all current policies of insurance of the association; all contracts, leases,

and other agreements then in effect to which the association is a party or under which the association or the

unit owners have obligations or liabilities; the books and records for the association’s current and 10

immediately preceding fiscal years, including but not limited to itemized and detailed records of all receipts

and expenditures; and any reserve study. 765 ILCS 605/19(b)

The right to inspect, examine and make copies of the following records: a current listing of the names,

addresses, and weighted vote of all members entitled to vote (and, other than within the City of Chicago,

email addresses and telephone numbers); and ballots and proxies related to ballots for all matters voted on

by the members of the association during the immediately preceding 12 months, including but not limited to

the election of members of the board. These documents must be requested “for a purpose that relates to the

association,” and the association member may be required to provide a written certification that these records

will not be used for any commercial purpose that does not relate to the association. 765 ILCS 605/19(e)

Quiet Enjoyment

The right to use his or her unit and the common elements without unreasonable interference subject to

restrictions imposed in either or both of the governing documents or the rules and regulations. 765 ILCS

605/18(b)(13)(k)

Statements of Account

The right to receive a statement of the unit owner’s account setting forth the amount of any unpaid

assessments or other charges due and owing from such unit owner upon 10 days’ notice and payment of a

reasonable fee. 765 ILCS 605/18(b)(i)

The right to receive notice of the board’s intent to enter into a contract with a current board member or with a

corporation or partnership in which a board member or member of his or her immediate family has 25% or

more interest within 20 days after a decision is made to enter into the contract. 765 ILCS 605/18(a)(16). (The

Act contains provisions pursuant to which unit owners may petition for a meeting to be held for an election to

approve or disapprove the contract.)

Unit Owner Rights (continued)

https://idfpr.illinois.gov/CCICO/ 16

Adherence to Declaration, Bylaws and Rules and Regulations

Unit owners must abide by all requirements under the Act, or under the declaration, bylaws or the rules and

regulations of the board. This obligation extends to any unit owner, and his or her “tenant, invitee or guest.”

765 ILCS 605/9.2(a)

Payment of Assessments

Unit owners must pay assessments in the amounts and at times determined by the board. 765 IULCS

605/9(a),(f)

Use and Enjoyment

Unit owners must grant the association access to their unit as may be necessary to facilitate the

maintenance, repair or replacement of any common elements or for making emergency repairs necessary to

prevent damage to the common elements or to other units. 765 ILCS 605/18.4(j)

Unit owners may not interfere with the “right of quiet enjoyment” presumed to extend to all unit owners.

Unit Owner Obligations quick reference guide

The mission of the CCIC Ombudsperson is to provide information to unit

owners, condominium and common interest community associations and

their respective boards in order that they all may better understand their

rights and obligations under the Condominium Property Act and the

Common Interest Community Association Act.

https://idfpr.illinois.gov/CCICO/

You may submit your inquiry to the CCIC Ombudsperson by completing

the Inquiry Form, a fillable PDF, and then emailing it to

[email protected].

Call the Toll Free Number

You may call the CCIC Ombudsperson on its toll free number at

844.856.5193. However, please note that you will simply be directed back

to this website and will not be able to leave a voice message.