Illinois has two main laws for shared homes. Condominiums follow the Condominium Property Act (765 ILCS 605). HOAs and townhome associations that are not condos follow the Common Interest Community Association Act, or CICAA (765 ILCS 160), unless they are small enough to be exempt. Eviction, resale deadlines, fees and the forced sale rules all work differently in each, so start by working out which one you're in.
On this page: Does this apply to you? · Behind on assessments · Fines and hearings · Buying or selling · The 2027 collection policy · Board members · Records · Forced sale: the 75% vote · Condo or HOA at a glance · Who to ask · What changes next
Look at your recorded declaration. A "Declaration of Condominium" means the Condominium Property Act. A declaration of covenants for a subdivision or townhome community usually means CICAA, unless your HOA is small enough to be exempt. The county recorder of deeds keeps recorded declarations (in Cook County, the Cook County Clerk's Office).
| Your home | Main law | Worth knowing |
|---|---|---|
| Condo: a unit plus a share of the common elements | Condominium Property Act, 765 ILCS 605 | IDFPR says every Illinois condominium is governed by it. |
| House or townhome in an HOA that is not a condo | CICAA, 765 ILCS 160 | Real estate, other than a condo or co-op, where owners must pay for other real estate in a recorded declaration; not a master association (160/1-5). |
| Small HOA: 10 units or less, or budgeted assessments of $100,000 a year or less | Outside CICAA unless a majority of its directors or members opt in (160/1-75(a)) | Either test is enough, so a 40-home HOA with a $90,000 budget is outside. Its own documents control, plus the General Not For Profit Corporation Act if it is incorporated. |
| Townhome set up as a condo | Condominium Property Act | The paperwork decides, not the building. |
| Housing co-op | No Illinois co-op statute like the Condominium Property Act was found | Most are corporations under 805 ILCS 105; some use the Co-operative Act (805 ILCS 310). CICAA and the condo eviction rules exclude co-ops, so most of this page doesn't apply. Read your proprietary lease and bylaws and ask an Illinois-licensed attorney. |
An Illinois condo board can go to court to take possession of a unit for unpaid assessments. It is an eviction case under Article IX of the Code of Civil Procedure (735 ILCS 5/9-101 and following), not a foreclosure, and it starts with a written demand.
Letters for this: a full ledger, disputing a demand, the collection policy, a partial payment, a payment plan, collection fees, the HOA Eviction Article question, and the six-month amount.
Letters for this: asking for a hearing before a fine, and asking about votes on closed-session matters.
The seller gets these from the board for the buyer: the declaration, bylaws and rules; liens and a statement of account; capital expenditures expected in the current or next 2 fiscal years; the reserve fund's status and amount; the last fiscal year's financial statement; pending lawsuits; the association's insurance; a statement on the prior owner's alterations; the principal officer's name and address; and, from 1 January 2027, the collection policy (765 ILCS 605/22.1(a)).
Seven items much like the first seven condo items above, plus the collection policy from 1 January 2027. Due "within 30 days after receiving a written request". The fee is a reasonable out-of-pocket charge to the seller, with no dollar cap (160/1-35(d)).
Letters for this: the 22.1 information (buyer or seller), a statement of account, special assessments, leasing, the HOA resale information, and the six-month amount.
From 1 January 2027, an Illinois condo or CICAA association "shall not take legal action to collect common expenses unless" it "has adopted, and follows, a written policy" (P.A. 104-0734, in 605/18.4 and 160/1-45(j)). It overrides the declaration, bylaws and rules, and binds anyone who holds or is assigned the association's debt.
Buyers get it too, in both resale packages (605/22.1(a)(10); 160/1-35(d)(8)). The law sets no adoption procedure, no deadline for sending the policy to owners, no limit on late fees and no definition of "legal action". No Illinois statute says how partial payments must be applied, so ask for the policy's method.
Letters for this: an owners' meeting on the proposed policy, sending owners the adopted policy, and an owner asking for the policy and a statement of account.
Letters for this: a 115% petition, closed-session votes, electronic delivery and the website, a records request, and the manager's license and accounts.
Letters for this: a records request, condo or HOA.
An Illinois condominium can be sold as a whole, including units whose owners voted no, if enough owners vote for it at a meeting called for the purpose (765 ILCS 605/15, from P.A. 100-292). This is a condo rule.
An owner who didn't vote for the sale and files a written objection with the manager or board "within 20 days after the date of the meeting" receives the greater of the fair appraised value of their interest, or the balance of a bona fide loan taken out to buy or refinance the unit, either way less unpaid assessments. They also get reasonable relocation costs under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (605/15(a)). If the value is disputed, each side picks an expert, those two pick a third, and at least 2 of the 3 set the value (605/15(b)). Chicago's ordinance repeats these protections.
Letters for this: documents about the sale, how the vote is counted, a written objection, naming your expert, relocation costs, your unit's share, board members' interests, and a complaint.
| Rule | Condo (765 ILCS 605) | HOA under CICAA (765 ILCS 160) |
|---|---|---|
| Who is covered | Every Illinois condominium (IDFPR) | Not HOAs with 10 units or less, or a $100,000 budget or less, unless they opt in (1-75(a)) |
| Eviction for unpaid assessments | Yes, after a demand giving at least 30 days (9-102(a)(7)) | Only if three conditions are met (9-102(b)) |
| Resale disclosure due | 10 business days (22.1(b)) | 30 days (1-35(d)) |
| Resale disclosure fee | Charged to the seller; started at $375, adjusted yearly for inflation; $100 rush (22.1(c)) | Charged to the seller; no dollar cap (1-35(d)) |
| Proposed budget sent | At least 25 days before adoption (18(a)(6)) | 30 to 60 days before (1-45(a)) |
| Petition window on a budget above 115% | 21 days (18(a)(8)(ii)) | 14 days (1-45(c)) |
| Additions not in the budget | Two-thirds of total votes (18(a)(8)) | Majority of total members (1-45(f)) |
| Records due | 10 business days (19) | 30 days (1-30(i)) |
| Board terms | Up to 2 years (18(a)(11)) | Up to 4 years (1-25) |
| Owner comments at board meetings | No general statutory right (IDFPR) | Time set aside at each meeting (1-40) |
These bills stalled in the 104th General Assembly (2025 to 2026), and one older bill failed. None is law as of October 2026:
The letters from The Illinois Condo & HOA Handbook. Fill in the square brackets, keep a copy, and send them in a way that gives you proof of delivery.
[Date]
Board of Managers, [association name]
Re: [unit number and address], account [number]
Under 765 ILCS 605/18(i), I request a statement of unpaid assessments and other charges on my unit. Please tell me the fee, which I will pay.
Please also send me a full ledger for my account from [date] to today, showing every charge and every payment with the date each was posted, and for each charge its type (regular assessment, special assessment, late charge, interest, fine, attorney's fees or other). For any charge other than an assessment, please identify the provision of the declaration, bylaws or rules that allows it, and tell me whether any notice of lien has been recorded against my unit.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: Demand dated [date], [unit number and address]
I received your demand under 735 ILCS 5/9-104.1 claiming $[amount]. I do not agree that all of it is owed.
I accept that $[amount] in assessments for [periods] is unpaid. I dispute the following items, for the reasons given: [item, amount, one-line reason for each].
Section 9-104.1 requires the demand to state the periods when amounts were originally due. Please send me a breakdown of the disputed items by period, and the document or section the association relies on for each.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: [unit number and address]
Under P.A. 104-0734, from 1 January 2027 an association may not take legal action to collect common expenses unless it has adopted, and follows, a written collection policy.
Please send me: (1) a copy of the association's current written collection policy; (2) the date it was adopted and a copy of the minutes recording its adoption; and (3) the method the policy sets for applying payments on a delinquent account, and confirmation that my payments since [date] were applied by that method.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: Demand dated [date], [unit number and address]
Your demand claims $[amount]. I can pay $[amount] by [date] and the balance of $[amount] by [date].
Under 735 ILCS 5/9-104.1(b), where a demand prominently says that only full payment will invalidate it, a partial payment does not, unless the board agrees in writing to accept it. I ask the board to agree in writing to accept these payments, and to confirm that it will not file an eviction action while they are made on time.
I will continue to pay my regular assessment of $[amount] each month when due.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: [unit number and address], account [number]
I accept that I owe $[amount] in assessments and I want to bring my account up to date. I cannot pay it all at once.
I propose to pay my regular assessment of $[amount] each month when due, plus $[amount] a month toward the arrears, starting [date], until the arrears are cleared on [date]. [I also ask the board to consider waiving late charges of $[amount] if every installment is paid on time.] Please state how each payment will be applied.
[From 1 January 2027: I ask the board to apply the payment plan terms in its collection policy under P.A. 104-0734, and to send me a copy.]
If the board agrees, please confirm the terms in writing.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: Fine of $[amount] dated [date], [unit number and address]
Under [765 ILCS 605/18.4(l) / 765 ILCS 160/1-30], the board may levy a fine only after notice and an opportunity to be heard. I have no record of receiving notice of a hearing before this fine was levied.
Please send me any notice the association says it gave me, with the date and method of delivery, and the rule I am said to have broken. I ask for an opportunity to be heard before any fine is confirmed, and for a copy of the minutes recording the board's decision.
[Name, mailing address, telephone, email]
[Date]
Board of Managers, [association name]
Re: [unit number and address], account [number]
My account shows $[amount] in [description, for example "management company collection letter fees"].
Under 765 ILCS 605/9.2(c), collection fees other than attorney's fees may be added to an owner's account only if they relate to collecting common expenses, are provided for in the management contract, and the declaration or bylaws specifically state that they may be added.
Please identify the provision of the management contract and the provision of the declaration or bylaws that the association relies on. If there is none, please remove these fees and confirm the corrected balance in writing.
[Name, mailing address, telephone, email]
[Date]
Board of Directors, [association name]
Re: [lot or unit number and address]
Your letter of [date] refers to eviction. Under 735 ILCS 5/9-102(a)(8) and (b), a common interest community may use the eviction route only if it is a not-for-profit corporation or an LLC, owners may attend board meetings as condominium owners may, and either the board voted to apply the Eviction Article and delivered or mailed notice to owners, or the declaration was recorded after the 1985 amendment took effect.
Please tell me which of these the association relies on, and send me copies of any board resolution and notice to owners, and the recording information for the declaration.
[Name, mailing address, telephone, email]
[Date]
To: [Seller], through [seller's agent or attorney]
Re: [Unit address], [association name]
Under 765 ILCS 605/22.1, I demand that you make available to me the information the seller must obtain from the board on a resale, including the declaration, bylaws and rules; liens and the statement of account; anticipated capital expenditures for the current and next 2 fiscal years; the status and amount of the reserve for replacement fund and any earmarked portion; the last available statement of financial condition; pending suits or judgments; insurance coverage; the alterations statement; the principal officer's name and address; and, from 1 January 2027, the collection policy.
Please tell me the date you requested it from the board in writing.
[Name, address, telephone, email]
[Date]
To: [Principal officer], [association name], c/o [manager]
Re: Unit [number], [address]
I am the owner of the above unit and intend to sell it. Under 765 ILCS 605/22.1(b), I request in writing the information listed in 605/22.1(a), which the board must furnish within 10 business days of this request.
Please tell me the fee under 605/22.1(c), the inflation-adjusted figure the association is using this year and how it was calculated, and whether rush service within 72 hours is available. [I request rush service.]
Please send the information to me and to [attorney name and email].
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager]
Re: Unit [number], [address]
I am the owner of the above unit. Under 765 ILCS 605/18(i), please provide a statement of unpaid assessments and charges for the unit. Please tell me the fee and I will pay it.
Please show separately: regular assessments and the date paid through; any special or separate assessment, with installment dates still to come; late fees, interest and returned-check charges; fines; attorney's fees and collection costs, with the clause authorizing any management collection fee under 605/9.2(c); and any lien recorded against the unit.
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager]
Re: Unit [number], [address]
I am the owner of the above unit. Under 765 ILCS 605/19, I request to inspect and copy the following records:
1. Minutes of all board and owner meetings from [date two years ago] to date.
2. Any reserve study.
3. The current budget and any proposed budget for next year.
4. Current insurance policies.
I understand the association has 10 business days to make these available and may charge the actual cost of retrieving and copying them. Electronic copies are welcome.
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager], through [seller]
Re: Unit [number], [address]
In connection with the sale of the above unit, please answer in writing:
1. Has the board adopted any special or separate assessment that is not fully paid? If so, the amount, purpose and installment dates.
2. Has the board discussed any special assessment or loan in the last 24 months?
3. Has the board obtained bids, estimates or inspection reports for any project not fully covered by the reserve?
4. Have the owners ever voted to waive reserves under 605/9(c)(3)?
These questions supplement items 2 to 4 of 765 ILCS 605/22.1.
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager], through [seller]
Re: Unit [number], [address]
A prospective buyer of the above unit asks the board to answer in writing:
1. Does the declaration or any rule limit leasing, by a cap, a waiting list, a waiting period or a minimum term? Please identify each provision.
2. How many units are leased now, and is there a waiting list?
3. Does any right to lease pass to a buyer?
4. Is any amendment to the leasing provisions proposed?
5. If the unit is leased, has the board received a copy of the lease as 765 ILCS 605/18(n) requires?
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager]
Re: [Home address]
I am the owner of the above home and intend to sell it. Under 765 ILCS 160/1-35(d), I request in writing the resale information listed there, including the instruments and rules, liens and the statement of account, anticipated capital expenditures, reserve fund status, the last financial statement, pending suits, insurance and, from 1 January 2027, the collection policy. The statute requires it within 30 days after receiving this request.
Please tell me the fee and what it covers. Please also confirm whether the association is covered by CICAA or treats itself as exempt under 160/1-75.
[Name, address, telephone, email]
[Date]
To: [Association name], c/o [manager], through [selling lender or its agent]
Re: Unit [number], [address]
I am under contract to buy the above unit from [lender], which acquired it through foreclosure. Please state in writing any amount the association claims a purchaser must pay under 765 ILCS 605/9(g)(4), showing:
1. The months and monthly amounts included, and the date the association started its action to collect.
2. Any attorney fees and costs claimed.
3. Any other charges the association says are owed on the unit, and the basis for each.
Please send the answer to me and to [attorney name and email].
[Name, address, telephone, email]
[Date]
To all owners of [association name]
Re: Owners' meeting on the proposed collection policy, P.A. 104-0734
From 1 January 2027, Illinois law requires the association to adopt and follow a written policy on collecting unpaid assessments before it can take legal action to collect (P.A. 104-0734). The board has prepared a draft, which is enclosed.
The board will hold an owners' meeting to discuss the draft on [date] at [time] at [place], [condo associations: as provided for rules in 765 ILCS 605/18.4(h)]. Owners may comment at the meeting or in writing to [name and address] by [date].
The board expects to consider adopting the policy at its open meeting on [date].
[Name], on behalf of the Board
[Date]
To all owners of [association name]
Re: Collection policy adopted under P.A. 104-0734
At its open meeting on [date], the board adopted the enclosed written collection policy, as Illinois law requires from 1 January 2027 (P.A. 104-0734).
The policy states when assessments are due and when they become delinquent, late fees and interest, returned-payment charges, [whether payment plans are available and on what terms], when an account is referred to the association's attorney, how payments are applied, and the remedies the association may use.
If you are having difficulty paying, please contact [manager name and contact details] before your account becomes delinquent.
A copy is also available on request from [name], and will be included in every resale package.
[Name], on behalf of the Board
[Date]
Board of [association name], c/o [manager or secretary]
Re: Collection policy and statement of account, Unit [number]
I am the owner of the above unit. Please send me a copy of the association's written collection policy adopted under P.A. 104-0734, with the date it was adopted.
[Condo owners: Please also provide a statement of the unpaid assessments and other charges on my account under 765 ILCS 605/18(i). Please tell me the fee, if any.]
If the association has not yet adopted a collection policy, please tell me when the board expects to do so.
[Name, unit address, telephone, email]
[Date]
Board of [association name], c/o [manager or secretary]
Re: Request for records under [765 ILCS 605/19 (condo) / 765 ILCS 160/1-30(i) (HOA)]
I am the owner of Unit [number]. Under [605/19 / 160/1-30(i)] I request the following records:
[for example: the approved minutes of board meetings from (date) to (date); the general ledger and operating and reserve bank statements for fiscal year (year); the most recent reserve study; the current management contract].
I am happy to inspect them or to receive copies at the actual cost of retrieving and copying. Please tell me the cost before copying.
I understand the association has [10 business days (condo) / 30 days (HOA)] to respond.
[Name, unit address, telephone, email]
[Date]
Board of [association name]
Re: Petition under [765 ILCS 605/18(a)(8) (condo) / 765 ILCS 160/1-45(c) (HOA)]
On [date] the board adopted [the budget for (year) / a separate assessment of $(amount)]. As a result, the total regular and separate assessments for the year exceed 115% of the previous year's total.
We, the undersigned owners, hold at least 20% of the votes in the association. Within [21 days (condo) / 14 days (HOA)] of the board action, we petition for a meeting of the owners to consider rejecting [the budget / the separate assessment]. Please call the meeting within 30 days, as the statute requires.
Contact for this petition: [name, unit, telephone, email].
[For each signer: printed name, unit, signature, date]
[Date]
Board of [association name]
Re: Closed session on [date], [765 ILCS 605/18(a)(9) / 765 ILCS 160/1-40]
At the board meeting on [date], the board went into closed session to discuss [topic as announced]. Since then, [describe the decision that appears to have been made].
The statute limits closed sessions to six topics and requires any vote on those matters to be taken in an open meeting. Please send me the minutes of the open meeting at which the board voted on this decision. If no open vote has been taken, please tell me when the board will take one.
[Name, unit address, telephone, email]
[Date]
To all owners of [association name]
Re: Electronic delivery of the annual accounting, P.A. 104-0797
From 1 January 2027, the association must send the annual itemized accounting of common expenses by electronic transmission to owners who have provided their contact details and agreed to electronic delivery ([765 ILCS 605/18(a)(7) / 765 ILCS 160/1-45(b)]).
If you would like to receive it by email, please return this letter with your name, unit and email address, and your signature confirming you agree to electronic delivery. Owners who do not agree will continue to receive it [by mail].
The same law requires the association to provide a website with meeting information and approved board minutes by 1 January 2028. The board expects to launch it by [date].
[Name], on behalf of the Board
[Date]
[Manager name and company]
Re: Annual confirmations for [association name]
As part of the board's annual review, please confirm in writing:
1. the IDFPR community association manager license number of the company and of the individual manager, or the exemption relied on (225 ILCS 427/15 and 427/20);
2. the fidelity insurance covering the association's funds, with a copy of the current policy (427/55);
3. that the association's funds are held in accounts in the association's name, separate from any other association's funds (427/55);
4. any collection fees you charge to delinquent owners, and [condo associations: the provision of our declaration or bylaws that specifically states they may be added (765 ILCS 605/9.2(c))].
Please reply by [date].
[Name], on behalf of the Board
[Date]
To the Board of [Association name], c/o [management company]
Re: Records request under 765 ILCS 605/19, proposed sale of the property
I own unit [number]. Under section 19 of the Condominium Property Act, I request copies of: (1) minutes of every board meeting since [date] at which a sale of the property was discussed; (2) every contract or engagement letter with a broker, appraiser or attorney for the sale; (3) any letter of intent, offer or proposed contract from any buyer; (4) any appraisal or valuation of the property obtained by the association.
I understand the records are due within 10 business days. Electronic copies are fine.
[Name, unit, email, telephone]
[Date]
To the Board of [Association name]
Re: Vote on sale of the property, 765 ILCS 605/15 and 605/18(p)
Before the meeting on [date], please tell me in writing: (1) the vote threshold the association will apply and its source, whether section 15, Chicago Municipal Code 13-72-085 or the declaration; (2) whether the threshold is measured against all votes in the condominium or only votes cast; (3) whether votes will be weighted by percentage interest or counted by units under 605/18(p), and why; (4) whether any units owned by the buyer or a related company will be counted.
[Name, unit, email, telephone]
[Date]
To the Manager, [management company], and the Board of [Association name]
Re: Written objection under 765 ILCS 605/15(a)
I own unit [number]. I did not vote for the sale of the property approved at the meeting held on [date of meeting].
Under section 15(a) of the Condominium Property Act, I file this written objection to the sale, within 20 days after the date of the meeting.
Please acknowledge receipt in writing and confirm the date you received this objection.
[Name, unit, mailing address, email, telephone, signature]
[Date]
To the Board of [Association name], for forwarding to [buyer's name]
Re: Fair appraised value of unit [number], 765 ILCS 605/15(b)
I filed a written objection on [date]. I do not agree with the value of [amount] given for my unit.
Under section 15(b), I name [expert's name, firm and contact details] as my expert. Please ask the buyer to name its expert, so the two can choose a third.
Please also tell me how the association and the buyer expect the panel's costs and timetable to be handled.
[Name, unit, email, telephone]
[Date]
To the Board of [Association name]
Re: Relocation costs, 765 ILCS 605/15(a)
I filed a written objection on [date]. Section 15(a) provides for reasonable relocation costs worked out under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Please tell me in writing: (1) who will calculate my relocation costs; (2) the federal rules being applied; (3) the items included and the amount of each; (4) when payment will be made, and whether any part is paid before I move.
[Name, unit, email, telephone]
[Date]
To the Board of [Association name]
Re: My share of the proposed sale price, 765 ILCS 605/15
Please give me, in writing: (1) the total price; (2) every deduction from it before it is divided, item by item, including any payments to objecting owners; (3) the method for dividing the rest and its source; (4) the dollar amount my unit [number] would receive; (5) how the reserve fund and operating account will be treated.
[Name, unit, email, telephone]
[Date]
To the Board of [Association name]
Re: Disclosure of interests, proposed sale of the property
Board members exercise the care required of a fiduciary of the unit owners (765 ILCS 605/18.4), and that duty continues in a section 15 sale.
Please tell me in writing whether any board member, the manager, or any owner has been offered or will receive anything from the buyer not offered to all owners on the same terms, or has any relationship with the buyer, its broker or its attorney. If so, please describe it and say how the board has dealt with it.
[Name, unit, email, telephone]
[Date]
To the Board of [Association name]
Re: Complaint under the association's written complaint policy, 765 ILCS 605/35
Section 35 of the Condominium Property Act requires the association to have a written policy for resolving complaints made by unit owners. Please send me a copy of the policy.
I make this complaint under it: [describe the issue, with dates]. I ask the board to [describe what you are asking for].
Please confirm receipt and tell me the next step under the policy and when I can expect a response.
[Name, unit, email, telephone]
The four books in the series are coming to Amazon over the next few weeks. Everything else on this page is free now.
Behind on your Illinois condo or HOA assessments, or on the board that has to collect them? Start here.
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From 1 January 2027, an Illinois association with no written collection policy cannot sue to collect.
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In Illinois, owners holding 75% of the votes can sell a whole condo building, yours included, and you get just 20 days after the vote to object in writing.
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