State Law Guide - Updated January 2026
Illinois HOA Laws and Homeowner Rights
Under Common Interest Community Association Act (765 ILCS 160/1-1 et seq.), Illinois homeowners have specific rights when facing HOA fines and violations. Written notice with: substance of violation, hearing right, cross-examination right, attorney representation right.
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Your Rights Under Common Interest Community Association Act
Illinois law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Board Duties and Obligations
Board powers including fines (after notice/hearing), meeting requirements, records access
Member Powers and Obligations
Member voting rights, proxy rules, assessment obligations
Meetings
10-30 day notice before meetings, 20% quorum, 48-hour board meeting notice, member comment required
Finance and Insurance
Budget requirements, reserve studies, insurance obligations, financial reporting
Applicability
Applies to associations with 11+ units or $100,000+ annual assessments
Common HOA Violations in Illinois
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Illinois homeowners face.
Illinois-Specific Issues
- -snow and ice removal (harsh winters)
- -salt damage to common areas
- -sump pump/drainage issues
- -HVAC unit placement
- -holiday decoration timing
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Illinois HOA Oversight
IDFPR - Condominium and Common Interest Community Ombudsperson
Illinois has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit IDFPR - Condominium and Common Interest Community OmbudspersonFrequently Asked Questions
Does Illinois have a state agency that oversees HOAs?
Yes. The Illinois Department of Financial and Professional Regulation (IDFPR) has a Condominium and Common Interest Community Ombudsperson who provides education and resources. Contact at 844-856-5193 or FPR.CCICO@illinois.gov. Note: The Ombudsperson does not enforce laws or mediate disputes.
Can my Illinois HOA fine me without a hearing?
No. Under 765 ILCS 160/1-30(g), HOAs must provide written notice and an opportunity to be heard before imposing fines. The notice must include the violation details, your right to a hearing, right to cross-examine witnesses, and right to attorney representation. Courts have invalidated fines where proper notice was not provided.
Is there a maximum fine amount Illinois HOAs can charge?
Illinois law does not set a statutory cap on HOA fines. However, fines must be "reasonable" under the statute. Specific fine amounts are typically set in your HOA's governing documents. If you believe a fine is unreasonable, you can challenge it through the hearing process or in court.
Can an Illinois HOA foreclose on my home for unpaid fines?
The Common Interest Community Association Act does not explicitly grant HOAs foreclosure power. Whether your HOA can foreclose depends on your specific governing documents. Any HOA foreclosure in Illinois must be done judicially through the courts under the Illinois Mortgage Foreclosure Law - no non-judicial foreclosures are allowed.
How do I file a complaint against my Illinois HOA?
First, submit a written complaint to your HOA using their required complaint form (all covered associations must have a complaint policy since January 2019). Wait at least 90 days for response. If unsatisfied, contact the IDFPR Ombudsperson at 844-856-5193. For legal claims up to $10,000, file in small claims court.
What records can I request from my Illinois HOA?
Under 765 ILCS 160/1-30, members have the right to examine and copy association records including financial records, meeting minutes, contracts, insurance policies, and governing documents. The association may charge reasonable copying fees. Records must be made available within a reasonable time after written request.
Official Illinois Resources
- IDFPR Ombudsperson(Government)
- 765 ILCS 160 Full Text(Statute)
- Illinois Small Claims Court(Courts)
- Illinois Attorney General Consumer Protection(Government)
- Chicago Bar Association Lawyer Referral(Reference)
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Based on 765 ILCS 160/1-1 et seq.