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[IL] Can an HOA board create special programs that bypass its own bylaws?
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Good afternoon, I live in Illinois, in a condo with an HOA. The HOA has recently sent out notices of "programs" that will split costs of common elements between the unit owners (first related to plumbing issues with the common water drain pipe, now as it relates to potential repairs of the hallways). In the past 11 months I have received plumbing power rod and test due to "improper or misuse" by the owners. After reading the HOA Policies and Bylaws, it is my understanding that the HOA is responsible for repairs to the common elements. When discussing with our president, he insists the HOA is able to make "programs" that bypass the bylaws, even within the Illinois HOA rules. Is this the case? I am concerned there are improper actions being performed after the previous management company left without notice (March 2025) and the board has been trying to pick up the pieces. Even though I have challenged the policy, I don't know next steps or if I am even 100% in the right here.
I understand how concerning it can be to navigate HOA policies and potential changes. Have you had a chance to review the specific language in your HOA's bylaws regarding the responsibilities for common element repairs?
I have.
Have you documented any communications or decisions made by the HOA board regarding these "programs" and their justification for bypassing the bylaws?
No, they will only give verbal communications, and if less than 4 board members meet to discuss items, they do not need to take minutes or report the meeting.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your HOA concerns.
Not that I can think of.
Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. So I can best help, to be clear, are these "programs" special assessments for the repairs?
Thank you, I have the info I need.
Understood. Just for some information: since you've already checked your HOA's bylaws, which is great, make sure you understand the specific language regarding common element repairs. Illinois law generally requires HOAs to follow their bylaws, so any "programs" that bypass them might not be valid. Under the Illinois Condominium Property Ac (765 ILCS 605/18.4), a board of managers may only exercise the powers, duties, and authority vested in the association by law or by the condominium instruments (the declaration and bylaws), and that section provides that any provision of a condominium instrument contrary to the Act is void as against public policy. In practice, this means a board generally cannot create a new "program" to reassign responsibility for common element repairs if doing so conflicts with what the recorded declaration and bylaws already say.
You can also ask the HOA board for a written explanation of their "programs" and how they believe these comply with the bylaws and Illinois law. This can help clarify their position and provide you with more information to assess your next steps. If I can be of help, please let me know.
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