Illinois homeowners are covered by two parallel statutes depending on the kind of community. Non-condominium HOAs run on the Common Interest Community Association Act (CICAA), 765 ILCS 160 — a 2010 governance law modeled on the older Condominium Property Act. Condominiums fall under the Illinois Condominium Property Act, 765 ILCS 605, which is older and contains a statutory lien that CICAA notably lacks. Your recorded declaration, bylaws, and rules, the General Not For Profit Corporation Act of 1986, and federal law all apply alongside. For your specific situation, a licensed Illinois attorney is the right resource. This is general information, not legal advice.
The full Illinois stack typically includes:
- The Common Interest Community Association Act (CICAA), 765 ILCS 160 — the main statute for non-condominium HOAs (single-family-home, townhome, master-planned communities). It covers board powers, records, and fines (§ 1-30), meetings (§ 1-40), and finances and budgets (§ 1-45).
- The Condominium Property Act, 765 ILCS 605 — governs condominiums, with parallel records and meeting rules and a statutory lien (§ 9) with a six-month priority slice at foreclosure.
- The recorded governing documents — the declaration, bylaws, and rules. CICAA sets the governance floor, but for HOAs the declaration controls assessment-lien rights because CICAA does not create a statutory lien (see below).
- The General Not For Profit Corporation Act of 1986, 805 ILCS 105 — entity law for the typical incorporated association; CICAA expressly cross-references its records-inspection provisions.
- Federal law — the Fair Housing Act, the ADA, the Servicemembers Civil Relief Act, the FCC's OTARD rule, and the Freedom to Display the American Flag Act.
CICAA's key structural feature: no statutory HOA lien
Unlike most states' modern community-association statutes, CICAA does not create a statutory lien for unpaid assessments. The Condominium Property Act does — § 9 of 765 ILCS 605 gives condos an automatic lien — but for CICAA-governed HOAs, the association's right to record a lien and to foreclose on it has to come from the recorded declaration, not the statute. CICAA likewise has no equivalent to the Condominium Act's "6 months" priority over a foreclosing first mortgagee. That makes the declaration the document to read first in any Illinois HOA collection dispute. See Can an Illinois HOA Foreclose Over Dues?.
Open board meetings with 48-hour notice
Under § 1-40 of CICAA, board meetings must be open to all members, with notice "at least 48 hours prior to the meeting" delivered by a prescribed method or posted in common-area entranceways. For board meetings concerning the proposed annual budget, regular assessments, or a separate or special assessment, the notice window expands to 10 to 60 days before the meeting. The board "shall reserve a portion of the meeting of the board for comments by members," though the duration of that comment period is within the board's discretion. A board may close part of a noticed meeting for narrow reasons — litigation, third-party contracts or employee matters, rule violations, or unpaid common expenses. See Attending HOA Meetings in Illinois.
Fines only after notice and a hearing
Section 1-30(g) gives the board the power "after notice and an opportunity to be heard, to levy and collect reasonable fines from members or unit owners for violations of the declaration, bylaws, operating agreement, and rules and regulations of the common interest community association." The notice-and-hearing requirement and the word "reasonable" are statutory limits, not courtesies. See Challenging an HOA Fine in Illinois.
Records — and a 30-day deemed denial
Section 1-30 — the board-duties-and-records provision — gives members a right to inspect association records, and it puts the board on a clock: where a written request is made, "failure to provide the requested record or to respond within 30 days shall be deemed a denial by the board." For records other than the financial ones the statute lists explicitly, the member must include a "written statement of a proper purpose," and the cross-referenced General Not For Profit Corporation Act (§ 107.75) supplies the broader inspection framework. (CICAA's separate finances section, § 1-45, governs budgets and the member-petition right when assessments rise sharply.) See Getting Your Illinois HOA's Records.
When a rule may not hold up
A CICAA association's rules have to fit within the authority the declaration and statute grant, any fine still has to clear the § 1-30(g) notice-and-hearing process, and selective enforcement is a recognized defense. See When Is an Illinois HOA Rule Unenforceable?.
Frequently asked questions
Does CICAA apply to my Illinois community?
CICAA (765 ILCS 160) generally applies to non-condominium common interest communities in Illinois, with some exemptions for very small associations and master associations. Condominiums are covered by the Condominium Property Act (765 ILCS 605) instead. Whether — and how fully — CICAA applies to your community is a legal question for a licensed Illinois attorney.
Can my Illinois HOA put a lien on my home for unpaid dues?
CICAA does not create a statutory lien for HOAs. For non-condominium HOAs in Illinois, lien rights have to be expressly granted by the recorded declaration. Condominiums under 765 ILCS 605 do have a statutory lien under § 9 with a six-month priority over a foreclosing mortgagee.
Can an Illinois HOA fine me without a hearing?
Under § 1-30(g) of CICAA, the board may levy reasonable fines only "after notice and an opportunity to be heard." Whether a particular fine satisfied that requirement is a question for a licensed Illinois attorney.