General amendments to inium instruments are governed by Section 27 of the Illinois inium Property Act, which states that an affirmative vote of 2/3 of voting unit owners must approve amendments, unless the inium instruments provide for some other majority vote somewhere between 50% and 75%.
This restriction is less common but may be implemented in communities that value owner-occupancy. In California, however, Civil Code Section 4741 does not allow HOAs to prohibit or unreasonably restrict owners from renting out their homes.
Legal Limits on Visitor Restrictions While HOAs have the right to enforce guest policies, they must do so within legal boundaries. Federal and state fair housing laws prevent HOAs from restricting visitors in ways that could be considered discriminatory.
HOAs have the authority to regulate common areas and collect charges for their maintenance. They can also impose fines and foreclose on homes for unpaid liens. However, there are limitations on their powers. For instance, they cannot prohibit the display of the American flag or restrict certain religious practices.
Are HOA Rental Restrictions in California Allowed? Under Civil Code Section 4741, homeowners associations may not prohibit or unreasonably restrict rentals within the community. Any provision that has the effect of prohibiting rentals is also not allowed.
The short answer to whether you can enact limits on renting condo units in Chicago is yes. Associations can restrict owners from leasing their units entirely or enact other restrictions to limit the amount of rentals within the association.
HOA Covenants, Conditions and Restrictions (CC&Rs) are a binding legal document that is filed with the state. Similar to rules and regulations, they cover things like property-use restrictions, dispute resolution agreements, maintenance and assessment obligations and insurance.
On the flip side, board members can be held personally liable if they engage in illegal activities, breach their fiduciary duties or personally benefit from association transactions.
Current law Section 19 (a) provides that the board of the association must maintain the following records at the association's principal office: (1) the association's declaration, bylaws, and plants of survey, and all amendments; (2) the rules and regulations of the association, if any; (3) if the association is ...