Can you sue your HOA in Illinois? Yes, in Illinois, homeowners have the right to sue their HOA for violations such as discrimination or breach of fiduciary duties. It is important to seek legal advice and understand the specific laws and regulations in order to pursue legal action successfully.
The Illinois General Not for Profit Corporation Act, which governs the vast majority of associations, requires that the board of directors of a corporation consist of three or more directors with the number of directors established in the bylaws.
Fines may be given to homeowners for violations of the community regulations. The board must provide written notice and a reasonable opportunity for the homeowner to state their case before enforcing any fines. The HOA can place liens on property in the event of account delinquency.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act. Which law applies to your community depends on whether the homeowners association is a inium association.
Understanding Illinois Homeowners' Association Law AspectKey Takeaway HOA Powers Power to regulate common areas, collect charges, levy fines, and foreclose on homes for unpaid liens. Entry to Property Most governing documents allow HOA entry to homes for maintenance under certain conditions.6 more rows
An Illinois HOA is governed by a board of directors, typically composed of unit owners elected by the membership. These board members have the power to enforce the governing documents, manage financial affairs, and maintain common areas.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.
In general, homeowners can request HOA documents that cover the following: Governing documents, including the CC&Rs, bylaws, articles of incorporation, community plat, and operating rules; All board and membership meeting minutes and notices; Membership lists; All insurance policies of the association;
Can an HOA Evict a Homeowner? Yes. Under Illinois state law (765 ILCS 605/9.2), a homeowners' association can 'evict' a member from their unit in order to recover past due assessments. If your community is considering eviction as a remedy, an experienced Chicago HOA/condo lawyer can help.