Understanding HOA & Condo Disputes in Chicago
HOA and condominium disputes in Illinois often involve repair obligations, financial transparency, assessment disputes, and inconsistent rule enforcement. When boards control the money, the records, and the decision-making process, individual owners can feel shut out of issues that directly affect their property and their investment.
This page answers common questions from homeowners and condominium unit owners who are dealing with board disputes, including what rights Illinois law provides and what options are available when boards fail to meet their obligations.
Questions on This Page
- Can I Withhold Assessments if My Board Refuses to Make Repairs?
- Can I Sue My HOA or Condo Board for Not Making Repairs?
- What Can I Do if My Board Is Selectively Enforcing Rules Against Me?
- How Do I Get Access to My Condo or HOA Financial Records?
- Can I Challenge a Special Assessment in Illinois?
- Can My Condo Association Place a Lien on My Unit for Unpaid Assessments?
- Who Is Responsible for Repairs to Common Elements vs. Limited Common Elements?
- Does the Board Have to Give Me Notice and a Hearing Before Imposing a Fine?
- Can My Board Retaliate Against Me for Complaining or Taking Legal Action?
Can I Withhold Assessments if My Board Refuses to Make Repairs?
No. In Illinois, a unit owner cannot withhold assessments even if the board is failing to maintain or repair common elements. The Illinois Supreme Court has confirmed that an owner's obligation to pay assessments is not contingent on the board's performance. Unlike a landlord-tenant relationship, where a tenant may have the right to withhold rent for uninhabitable conditions, condominium and HOA owners do not have the same defense.
Unpaid assessments become an automatic lien on the unit, and the association can pursue collection through foreclosure or, in the case of condominiums, an eviction action to take possession of the unit and rent it out until the arrearage is satisfied. The financial consequences of nonpayment escalate quickly and can include interest, late fees, attorney's fees, and costs of collection.
If your board is refusing to make required repairs, the appropriate response is to enforce your rights through a demand letter, a breach of fiduciary duty claim, or a petition for injunctive relief, not by withholding payment.
Back to QuestionsCan I Sue My HOA or Condo Board for Not Making Repairs?
Yes. Under the Illinois Condominium Property Act, condominium boards have a statutory obligation to maintain and repair common elements, including roofs, exterior walls, plumbing, HVAC systems, and structural components. When a board refuses or unreasonably delays required repairs, unit owners can bring a claim for breach of fiduciary duty and seek damages or a mandatory injunction compelling the board to act.
Similar obligations exist for HOA boards under the Common Interest Community Association Act and the association's governing documents. The key is documenting the board's failure, identifying the specific repair obligations in the declaration or bylaws, and demonstrating that the board's inaction has caused harm to the owner or the property.
In many cases, a well-drafted demand letter outlining the board's legal obligations and the consequences of continued inaction is enough to force a response. When it is not, litigation may be necessary to compel the board to fulfill its duties.
Back to QuestionsWhat Can I Do if My Board Is Selectively Enforcing Rules Against Me?
Illinois law requires HOA and condo boards to enforce rules consistently and fairly across all owners. When a board enforces a rule against one owner but ignores the same violation by others, it may constitute selective enforcement, which can render the rule void and unenforceable as applied.
Selective enforcement is particularly common in disputes where an owner has raised complaints about the board, challenged an assessment, or otherwise created friction with board members. In these situations, enforcement actions that appear targeted or retaliatory can form the basis of a legal claim.
Owners facing selective enforcement should document the inconsistency, including photographs, correspondence, and any evidence that the same rule has been ignored for other owners. If the board does not correct the problem after being notified, owners may pursue legal action, including claims for breach of fiduciary duty or declaratory relief.
Back to QuestionsHow Do I Get Access to My Condo or HOA Financial Records?
Illinois law gives unit owners the right to inspect and copy association records, including financial statements, budgets, meeting minutes, contracts with vendors, insurance policies, and reserve study reports, subject to limited statutory exceptions.
For condominium associations governed by the Illinois Condominium Property Act, the board must provide records within 10 business days of a written request. For common interest community associations under the Common Interest Community Association Act, the timeframe is 30 calendar days.
The request should be in writing and should identify the records being sought with reasonable specificity. Boards cannot refuse access simply because they find the request inconvenient or because they disagree with the owner's reasons for requesting the information. If the board refuses or unreasonably delays access, owners can enforce their rights through legal action. Persistent refusal to produce records is often an indicator of deeper governance or financial problems within the association.
Back to QuestionsCan I Challenge a Special Assessment in Illinois?
It depends on the circumstances. Under Section 18(a)(8) of the Illinois Condominium Property Act, if a special assessment causes total assessments in a given year to exceed 115% of the prior year's total, owners representing at least 20% of the votes can petition the board within 14 days. The board must then call a meeting, and a majority of all unit owners must vote to reject the assessment, or it stands.
Special assessments for additions or alterations to common elements (as opposed to maintenance and repair) require approval by two-thirds of all unit owners before they can be adopted. However, assessments adopted in response to an emergency or to comply with a legal requirement are not subject to owner approval or veto.
Beyond the statutory veto process, owners may also challenge a special assessment if the board failed to follow required notice procedures, acted outside its authority under the governing documents, or adopted the assessment for an improper purpose. If you believe a special assessment was improperly adopted or is being misused, an attorney can evaluate the specific facts and determine what remedies are available.
Back to QuestionsCan My Condo Association Place a Lien on My Unit for Unpaid Assessments?
Yes. Under the Illinois Condominium Property Act, unpaid assessments automatically become a lien on the unit. The association does not need to record the lien for it to attach, although many associations do record liens as part of the collection process. The lien covers not only the unpaid assessments but may also include interest, late fees, attorney's fees, and costs of collection as provided in the governing documents.
If the lien is not satisfied, the association can foreclose on it in a manner similar to a mortgage foreclosure. Illinois also permits condominium associations to pursue an eviction action against a delinquent owner under Section 9.2 of the Act, allowing the association to take possession of the unit and rent it out until all past-due amounts are recovered. The owner retains title to the unit during this process but loses possession.
Because the consequences of unpaid assessments in Illinois are severe and can escalate quickly, owners who are unable to pay or who dispute the amount owed should address the situation promptly rather than allow the arrearage to grow.
Back to QuestionsWho Is Responsible for Repairs to Common Elements vs. Limited Common Elements?
Common elements are shared features of the property such as roofs, exterior walls, hallways, plumbing systems, and structural components. The association is generally responsible for maintaining and repairing these elements, funded through owner assessments.
Limited common elements are features assigned to or reserved for a specific unit or group of units, such as balconies, patios, parking spaces, or storage areas. Responsibility for limited common elements depends on the association's declaration. In many cases, the association handles major repairs and structural maintenance while the individual owner handles routine upkeep, but this varies significantly from one association to another.
Disputes frequently arise when boards attempt to shift common element repair costs to individual owners, or when there is disagreement about whether a component qualifies as a common element, a limited common element, or part of the individual unit. Resolving these disputes requires a close reading of the declaration, the plat or survey, and the applicable provisions of the Illinois Condominium Property Act.
Back to QuestionsDoes the Board Have to Give Me Notice and a Hearing Before Imposing a Fine?
Yes. Under both the Illinois Condominium Property Act (Section 18.4(l)) and the Common Interest Community Association Act (Section 1-30(g)), a board may levy reasonable fines for violations of the declaration, bylaws, or rules and regulations, but only after providing the owner with written notice and an opportunity to be heard.
The notice must describe the alleged violation, inform the owner of the right to a hearing before the board, and provide the opportunity to present a defense and cross-examine any witnesses. The hearing must take place at a properly noticed board meeting. Illinois courts have held that failure to provide proper notice and a fair hearing will invalidate the fine.
Boards must also ensure that fines are consistent with the governing documents and applied uniformly across all owners. Fines that are disproportionate to the violation, imposed without following the required process, or enforced selectively can be challenged.
Back to QuestionsCan My Board Retaliate Against Me for Complaining or Taking Legal Action?
Boards have a fiduciary duty to act in the best interests of the association as a whole, not to punish individual owners who raise legitimate concerns. Retaliatory actions, such as selectively enforcing rules, imposing unjustified fines, restricting access to records, or targeting an owner after they file a complaint or pursue legal action, can form the basis of a breach of fiduciary duty claim.
Retaliation can be difficult to prove in isolation, which is why documentation is critical. Owners who believe they are being targeted should maintain a clear timeline of events showing when the complaint or legal action occurred and when the retaliatory conduct began. Correspondence, meeting minutes, and records of how similar situations were handled for other owners can all serve as evidence of a pattern of targeted behavior.
If you believe your board is retaliating against you, consulting an attorney early can help you evaluate the conduct, preserve evidence, and determine whether legal action is appropriate.
Back to QuestionsNeed Help With Your HOA or Condo Dispute?
If your HOA or condominium board is refusing to make required repairs, misusing assessments, restricting your access to records, or treating you differently than other owners, we can help you understand your rights and take action.
We represent condominium unit owners and HOA members in disputes with boards and associations throughout the Chicago area, including Cook, DuPage, Lake, and Will Counties. Our focus is on enforcing your rights under the governing documents and Illinois law.
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