Homeowners associations and condominium boards exercise significant control over building maintenance, finances, and rule enforcement. When that authority is misused, individual unit owners are often left dealing with unsafe conditions, property damage, unfair assessments, or prolonged inaction.
We focus our HOA and condominium law practice on representing unit owners and HOA members in Chicago and the surrounding counties, not associations. We help Illinois homeowners enforce their rights under the association's governing documents and the Illinois Condominium Property Act when boards and property managers fail to meet their legal obligations.
We Represent HOA Members - Not Boards
Law firms that represent homeowners associations and condominium boards are easy to find. Association work is steady, repeat business, typically funded through collective budgets, and structured to protect the institution, not the individual homeowner.
What is far less common is representation for the individual HOA member or condominium owner when the board controls the money, the records, the process, and the decision-making.
Our practice is intentionally focused on representing owners when associations refuse to perform required repairs, improperly shift responsibility, misuse assessments, or enforce rules selectively.
These disputes often involve owners being ignored, worn down, or pressured to accept unsafe conditions or unfair treatment simply because challenging an association feels intimidating or financially lopsided.
We focus on enforcing governing documents and Illinois law on behalf of owners, not protecting board discretion or preserving association cash flow. When an owner is being squeezed by the very association they fund, we apply pressure where boards are least comfortable: compliance, accountability, and legal obligation.
Illinois Condominium Property Act - Statutory Protections
The Illinois Condominium Property Act provides important statutory protections that condominium boards and management companies must follow. When boards fail to meet these obligations, unit owners have legal recourse.
Key protections under the Act include:
Maintenance and Repair Obligations - Boards must maintain and repair common elements, including structural components, building envelopes, plumbing, HVAC systems, and shared building systems. When boards defer or deny required repairs, owners can enforce these obligations.
Fair and Uniform Treatment - Boards must treat all unit owners fairly and consistently. Selective enforcement of rules, retaliatory actions, or unequal treatment violates the Act and can be challenged.
Board Governance and Transparency - Boards must operate according to the association's governing documents and provide owners with access to financial records, meeting minutes, and other association documents. Secrecy and stonewalling are not legal strategies.
Owner Access to Records - Unit owners have the right to inspect association records, including financial statements, contracts, meeting minutes, and correspondence. When boards refuse or delay access, we help owners enforce these rights.
We help condominium owners assert their rights under the Illinois Condominium Property Act and address board noncompliance through negotiation, demand letters, and when necessary, litigation.
Common HOA & Condo Disputes We Handle
We regularly represent Illinois condominium owners and HOA members in the Chicago area in disputes involving:
Repair and Maintenance Issues:
- Board refusal to repair common elements (roofs, windows, plumbing, HVAC, masonry, building envelopes)
- Water intrusion, leaks, and structural damage
- Deferred maintenance causing property damage or safety hazards
- Disputes over what constitutes a "common element" vs. individual responsibility
Financial and Assessment Disputes:
- Improper, excessive, or unfair special assessments
- Misuse of association funds
- Lack of financial transparency or access to records
- Disputes over who pays for repairs
Rule Enforcement and Treatment:
- Selective or inconsistent rule enforcement
- Retaliatory actions by boards or property managers
- Harassment or unequal treatment of specific owners
- Disputes over bylaw interpretation
Management and Governance Issues:
- Failure to provide records or meeting access
- Property management company negligence or overreach
- Board failure to follow governing documents
- Lack of transparency in decision-making
These disputes often impact safety, habitability, and long-term property value. Many also overlap with construction disputes when repair issues involve defective work or contractor accountability.
When Associations Delay, Owners Pay the Price
In HOA and condominium disputes, delay rarely benefits owners. While boards defer decisions, deny responsibility, or hide behind management companies, damage continues, costs increase, and conditions inside units often worsen.
Owner-side advocacy in these cases is about forcing timely decisions. That means identifying the exact repair obligations in the governing documents, documenting the gap between what boards claim and what they're legally required to do, and applying appropriate pressure to move things forward.
We approach these matters with a practical, documentation-driven strategy:
- Close analysis of governing documents and board authority
- Review of maintenance obligations and repair histories
- Examination of correspondence and meeting records
- Assessment of violations under the Illinois Condominium Property Act
- Strategic use of demand letters, negotiation, and when necessary, litigation
The goal is to identify clear violations and force action, not to wait while conditions worsen. In many cases, meaningful resolution only occurs once boards are required to defend their decisions and explain their inaction in a formal legal context.
How We Help HOA and Condo Owners
We work with homeowners in Chicago and the surrounding counties to resolve disputes with HOA boards and condominium associations when boards fail to meet their obligations. Our focus is on enforcing your rights under the governing documents and Illinois law.
We help owners:
- Enforce repair and maintenance obligations for common elements
- Challenge improper or excessive assessments
- Obtain access to association records and financial information
- Address selective or retaliatory rule enforcement
- Hold property management companies accountable for negligence
- Pursue claims for breach of governing documents and statutory violations
- Negotiate resolutions or litigate when boards refuse to act
Whether your dispute involves deferred repairs, unfair treatment, or mismanagement, we help you understand your rights and determine the best path forward.
Common Questions About HOA & Condo Disputes
Can my condo board refuse to make repairs to common elements?
No. Under the Illinois Condominium Property Act, condominium boards have a legal obligation to maintain and repair common elements, including structural components, roofs, plumbing, HVAC systems, and building envelopes. When boards refuse or defer required repairs, unit owners can enforce these obligations through legal action. Boards cannot simply ignore repair obligations because of budget concerns or disagreements among board members.
What records am I entitled to see from my HOA or condo board?
Unit owners have the right to inspect association records, including financial statements, budgets, meeting minutes, contracts with vendors, insurance policies, and reserve study reports. The Illinois Condominium Property Act requires boards to provide access to these records within a reasonable time after a written request. When boards refuse or delay access, owners can enforce their rights through legal action.
Can my condo board force me to pay for building repairs?
It depends on whether the repairs are to common elements or limited common elements, and what your governing documents say. Boards can typically levy special assessments for common element repairs that benefit all owners, as long as proper notice and procedures are followed. However, assessments must be reasonable, properly authorized, and used for legitimate purposes. Boards cannot arbitrarily shift repair costs to individual owners when the association is responsible.
What's the difference between regular and special assessments?
Regular assessments are monthly fees that cover routine operating expenses and reserves. Special assessments are one-time or temporary charges levied for specific purposes, typically major repairs or capital improvements not covered by existing reserves. Special assessments usually require board approval and advance notice to owners. Both types must comply with your governing documents and, for condominiums, the Illinois Condominium Property Act.
Do I need a lawyer to challenge my HOA board?
Not always, but having an attorney is often beneficial when boards control the money, records, and decision-making process. Legal representation is particularly important when repairs are being denied, assessments are disputed, or boards are engaging in selective or retaliatory enforcement. Many HOA disputes involve interpretation of governing documents and Illinois law that require legal analysis to resolve effectively.
For more information about HOA and condo owner rights, see our HOA & Condo FAQs.
Need Help With Your HOA Dispute?
If your HOA or condominium board is refusing to make required repairs, unfairly shifting costs, or treating you differently than other owners, we can help you understand your options and take action.
HOA and condo disputes are rarely resolved by asking nicely. Boards control the money, the records, and the process. Owners need someone who understands the governing documents, knows the Illinois Condominium Property Act, and isn't afraid to apply pressure when boards refuse to meet their obligations.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we'll discuss what's happening with your HOA or condo board, what repairs or issues are involved, what you've done so far, and how the board has responded. We'll talk through what the governing documents and Illinois law require, and what options make sense for your situation.