Illinois HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Illinois-specific gotchas buyers should know before removing contingencies.
Primary statute: Illinois Condominium Property Act (765 ILCS 605). For condominium associations, the parallel statute is Illinois Common Interest Community Association Act (765 ILCS 160). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the IL rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
CICAA only covers larger HOAs
Threshold: more than 10 units OR more than $100,000 in assessments
CICAA (765 ILCS 160) governs non-condominium common interest community associations only if the community has more than 10 units OR more than $100,000 in annual assessments. Smaller HOAs fall outside CICAA and are governed primarily by the declaration and general contract law. Verify the community size before applying CICAA rights.
Two statutes by community type
CPA for condos, CICAA for larger HOAs
Condominium associations are governed by the Illinois Condominium Property Act (765 ILCS 605). Larger non-condominium HOAs fall under CICAA. The fine procedures, records access rights, and meeting requirements differ between the two.
Solar Act exempts taller buildings
765 ILCS 165 does not apply to multi-story stacked units
The Illinois Homeowners' Energy Policy Statement Act (765 ILCS 165) prevents most HOAs from prohibiting solar devices, but it does not apply to certain taller buildings. Condo owners in mid-rise and high-rise buildings should verify whether the act applies to their unit type.
EV charging is statutorily protected
765 ILCS 1085 gives owners a right to install charging stations
The Illinois Electric Vehicle Charging Act (765 ILCS 1085) gives unit owners a statutory right to install an EV charging station at their own expense, subject to reasonable architectural conditions. An association cannot prohibit EV charging outright.
Records access and open meetings
Owners have rights to attend board meetings and inspect records
Both CPA and CICAA give owners rights to attend board meetings and inspect association records. The procedures and exceptions differ. A request for records or attendance that is denied without cited authority is challengeable.
Plain-English guides to the Illinois statutes that most often clash with condo and HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure package before you remove contingencies.
765 ILCS 605/9(g)
A condo lien is automatic on default, and a buyer at a foreclosure sale can owe up to 6 months of back dues; non-condo HOAs have no statutory lien.
765 ILCS 605/18(a)(7)
A budget over 115 percent of last year lets owners holding 20 percent of votes petition for a meeting to reject the increase.
765 ILCS 605/18.4
An HOA must give notice and a hearing before a fine, and compounding month-over-month late fees are unenforceable.
765 ILCS 605/22.1
On a condo resale, the board must deliver the 22.1 package within 10 business days, with the fee capped at $375.
765 ILCS 165
An HOA cannot ban solar, but the law does not cover buildings over 60 feet or with a shared roof.
765 ILCS 1085/30
Since 2024, an HOA cannot ban an EV charger in your unit or deeded parking space, and silence for 60 days means approval.
765 ILCS 605/18.4
A condo rule cannot ban a mezuzah on your front-door area or impair First Amendment rights.
765 ILCS 605/18.6
A condo cannot ban the American flag or a US military flag, or a flagpole for them, in the space you control.
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About this page
This is a general buyer guide for Illinois HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Illinois real estate attorney before removing contingencies or relying on any state-law right described here.