Breaking Down Illinois Homeowners Association Documents

 Posted on May 23, 2025 in Condominium & Homeowner Association Law

Illinois homeowners associations (HOAs), which, together with condominium associations, are a type of Common Interest Realty Associations (CIRA), must have governing documents in place to operate in the state. These documents set out the association’s rules, and they help protect them and homeowners from legal exposure to ensure the smooth administration and management of the HOA. An HOA may amend these documents from time to time, and it often does as its needs change. An experienced Cook County, IL homeowners association attorney can draft your association’s governing documents and advise you on best practices. 

What Governing Documents Should Illinois Homeowners Associations Have?

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

The declaration of covenants, conditions, and restrictions (CC&Rs) is the most significant HOA governing document. Think of it as providing the big picture of HOA rules and regulations.  It outlines the rights and responsibilities of the HOA board and the homeowners, and will address any assessments, enforcement rights, and maintenance procedures, as well as how the HOA intends to handle disputes. Board members can take legal action against homeowners who are violating the CC&Rs. In a conflict between an association legal document and the CC&Rs, the information in the CC&Rs wins. 

Articles of Incorporation 

The Articles of Incorporation are the HOA's official founding document. They are filed with the state after the association is formed, in the same way as any business must do when it incorporates in Illinois. The articles include basic legal information about the HOA such as its name and whether it is incorporated as a limited liability company (LLC), corporation, or other corporate entity. 

HOA Bylaws

The bylaws, like the CC&Rs, outline the HOA board’s responsibilities, but they focus on the procedure for conducting meetings, how often these meetings are held, and voting rights information. This document also lays out the number of board members the HOA will have. 

Rules, Regulations, and Resolutions

The rules, regulations, and resolutions determine the nitty gritty of daily HOA operations, such as what kind of landscaping the HOA allows, how residents can use the clubhouse and when, and whether pets are permitted. 

Call an Arlington Heights, IL Condominium or Homeowners Association Attorney 

Whether you are just creating your HOA documents or amending them, well-drafted documents that protect your development and are tailored to the association’s specific needs are important. That is why you should obtain skilled legal counsel from the experienced Arlington Heights, IL condominium and homeowners association lawyers at Dickler, Kahn, Slowikowski & Zavell, Ltd.. To get started, call the law firm at 847-593-5595 for a consultation.