ILLINOIS HOME OWNERS ASSOCIATION (HOA)

Started by JosephS14 • 6 replies • 4954 views

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JosephS14 (Illinois)
Posts: 3

Posted:

The state of ILLINOIS has established "Rules" for Condominium Associations, referred to as the "Condominium Property Act" (765 ILCS 605).

To the best of my knowledge,I cannot find any documentation that addresses anything pertaining to "Townhouse or Townhome Associations". I am told by my association's lawyer that none exist. IS THIS TRUE?

If this is the case, than, what recourse do "Unit Owners" have when their HOA turns into a bunch of STORM TROOPERS and tries to run roughshod over the entire association, led by the association's "Management Company"

Thank you

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Joseph:

Here are the Illinois Property Statutes:

http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62

Your governing documents should state whether you are covered under i.e., Condominium or Common Interest Community. It should be one or the other, so look at your documents closely to see if they state anything.

JosephS14 (Illinois)
Posts: 3

Posted:

Hi Janet,

I will check the website as well as my documents.
Thank you for the quick response.

Joe

JanetB2 (Colorado)
Posts: 4,219

Posted:

You are welcome ... if you have any questions after researching, let us know.

JosephS14 (Illinois)
Posts: 3

Posted:

(again) Hi Janet,

The Homeowners Association By-Laws are very vague. The only reference made in the By-Laws is "Village homeowners Association".

The "Rules and Regulations" state that the Association is governed by the provisions of the "Illinois General Not-for-Profit Corporation Act" and the "Association's Declaration and By-Laws".

I still have no clear cut answer (Condo or Townhouse)? ? ? ?
I also checked the WEBSITE and could not find "Chapter 62".

Is there any more information I can access.

Joe

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Joseph:

The link says Chapter 62 however it links to the Property Section which is Chapter 765, they apparently have not renamed their website files.

Here is the link to the Main Illinois Statute Page:
http://www.ilga.gov/legislation/ilcs/ilcs.asp

Chapter 805 is the Business Organizations and the second grouping is Non-Profit Corporations. This will give you the non-profit statutes.

From the other information you stated I am not sure if you may not fall under either, but just the Non-Profit and CCR’s. This might be something to ask a local attorney (not your HOA attorney) and see if you get a different answer. Many will do free consultations.

BonnieE (Illinois)
Posts: 338

Posted:

Hi Joseph,

I am in IL and live in what looks like a townhouse with regard to style, but am in a condo. Please see your Declaration (not Bylaws). First, check the name of your association - is the word condominium used in it? Then check the first couple sections. It should state whether you are a townhouse or condominium and provide a description of the property included (and also provide a definition of it in the definitions section). The Declaration should also identify the state statutes your association is governed under.

Bonnie

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