Homeowners' Associations:  When you purchase a property in a planned development you are obligated to join that development's homeowners' association (HOA) and pay Monthly Fees for the upkeep of common areas, generally the  buildings where the individual residential units are located, the walkways and adjacent gardens and driveways.  Condominiums, townhomes, multi-family units, gated communities, leased land properties, or subdivisions bound by a common property are some samples of properties that may belong to a Homeowners Association.  Some developments call these "Satellite Associations" and each of these come with its own board of directors, governing documents, budgets and rules. 

Each HOA is an independent entity and corporation with its own board of directors elected from and by their members.  Each board of directors makes their own decisions and operates with complete autonomy.

Community Associations:  If you own a property within a subdivision, territory or community bound by a common interest or property, such as a clubhouse, golf club, recreational facility you are also automatically a member of that community association subject to Annual Fees.  Community associations are typically responsible for the administration and maintenance of the commonly-owned facility.  Although not under the scope of its primary responsibilities covered by the basic annual fee, some community associations may offer to assist property owners with with their homes with additional services such as security programs, home maintenance programs, architectural compliance, home alarm inspections and compliance programs. Any additional assistance to homeowners, however, is NOT included in the basic Annual Fee, and should be billed on a contractual basis.

HOA fees often range from $100 to $500 per month, depending on how upscale the building is and the amenities it provides.  If a major expense such as a new roof or a new elevator comes up and there aren't enough funds in the HOA's reserves to pay for it, the association may charge an extra assessment that can run into thousands of dollars.

Because multiple parties live in the same building or complex, all residents of condominiums and townhomes must be equally responsible for maintaining the common areas such as landscaping, elevators, swimming pools, parking garages, fitness rooms, sidewalks, security gates, roofing and building exteriors as applicable.

In addition to maintaining common areas, HOAs also set out certain rules that all residents must follow called covenants, conditions and restrictions (CC&Rs).  In a common building, rules may include the color of the front door, whether or not satellite dishes are permitted and where they can be installed, the size and type of pets permitted, the areas designated for parking and so on.

Illinois Laws

• Public Act 98-1042 and Implications for Associations

  • News:  IL Electronic Voting Signed into Law

• Illinois Condominium Property Act (Arnstein & Lehr, 2015)

• Illinois Condominium and Common Interest Community Ombudsperson Act 765 ILCS 615/ Effective July 1, 2016

  • News:  Ombudsperson Act by Eliot G. Schencker, Michael C. Kim & Associates