Top Reasons Homeowners Associations Need an Attorney 

 Posted on October 12, 2026 in Condominium & Homeowner Association Law

Managing a homeowners or condominium association in Illinois comes with many responsibilities. Board members must make decisions that affect the entire community. They also have to follow state laws and the association's governing documents. Legal guidance can help boards avoid costly mistakes and protect the interests of property owners.

If your association needs legal assistance in 2026, Dickler, Kahn, Slowikowski & Zavell, Ltd. can help. Our Cook County, IL HOA lawyer can help your board understand its responsibilities and handle legal concerns.

How Does an Attorney Help an HOA Collect Unpaid Assessments?

Unpaid assessments are the most common reason boards call a lawyer. Under 765 ILCS 605/9, unpaid assessments create a lien against the owner's condo unit. The association can also go to court to seek possession of the unit if the owner does not pay. Certain homeowners associations have similar rights under separate laws.

After obtaining and enforcing a court order, a condominium association can take possession of a unit. The association can then rent it out to recover what is owed, even though it does not own the property.

Associations should follow the same collection process for every owner. This includes giving proper notice and keeping records of payment demands. An attorney can also protect the association's rights by keeping clear records of payment agreements.

Why Do HOAs and Condominium Associations Need Legal Help Enforcing Rules?

Rule enforcement can create legal risks for boards. Problems can arise from the rule itself or from how the board enforces it.

Selective enforcement is a recurring problem. For example, a board might fine one owner for leaving trash on a balcony while ignoring other owners with similar violations. This could make it harder to enforce the rule consistently. Owners raise this defense constantly, and it sometimes works.

Fair housing issues arise too. Requests for assistance animals, accessibility changes, and religious displays must follow federal and state laws, not just association rules. Failing to follow these laws could lead to a discrimination complaint.

Illinois also requires specific procedures before a board can fine an owner. This includes notice and an opportunity for a hearing. Skipping those steps makes a fine unenforceable even when the violation plainly occurred.

What Legal Issues Come Up in HOA and Condo Association Construction Projects?

Major construction projects can create legal problems for Illinois homeowners and condominium associations. Some issues may not become apparent until years after the work is completed.

An attorney can help associations address several concerns, including:

• Construction contracts: Reviewing warranties, insurance, payment terms, and how problems will be handled
• Construction defects: Addressing faulty work and filing legal claims on time
• Developer transitions: Reviewing construction, finances, and records when owners take control of the association
• Special assessments and loans: Making sure the board follows the rules when borrowing money or charging owners for major projects

Addressing these issues early can help associations avoid costly disputes. It also protects owners from unexpected expenses.

What Should a Homeowners or Condo Association Do When an Owner Sues or Demands Records?

Illinois law gives owners the right to review certain association records. An attorney will help the board respond within the required deadlines and determine which documents must be shared. This can help the association avoid legal expenses, including the owner's attorney fees.

If an owner files a lawsuit, an attorney will defend the association and help the board address insurance coverage. Promptly notifying the insurance company is important because delays could put coverage at risk.

An attorney can also advise board members about their personal liability. Members have some legal protection when acting in good faith. Still, they may face liability for certain actions, such as using their position for personal gain.

Contact Our Arlington Heights Condominium and Homeowners Association Attorney

Our firm brings over 150 years of combined legal experience to community association work. Boards are run by volunteers with jobs and families. The goal is not to involve a lawyer in every decision but to get legal guidance when a decision could put the association at risk.

Contact Dickler, Kahn, Slowikowski & Zavell, Ltd. at 847-593-5595 to talk to our Cook County, IL condominium and homeowners association lawyer today.