The Illinois Common Interest Community Association Act (CICAA), 765 ILCS 160/1 et seq., is the primary statute governing planned community HOAs in Illinois with 10 or more units. Illinois condominiums are governed separately under the Illinois Condominium Property Act (765 ILCS 605/). The two statutes share similar principles but have distinct requirements.
Does CICAA Apply to Your Illinois HOA?
CICAA applies to all common interest community associations in Illinois with 10 or more units, regardless of whether the CC&Rs reference it. Unlike Georgia's POAA, CICAA is not opt-in — it applies automatically. Associations with fewer than 10 units are exempt from many CICAA provisions but remain subject to their own governing documents and general nonprofit corporate law.
Homeowner Rights Under CICAA
- Right to attend and participate in all open board meetings
- Right to inspect and copy the association's books and records within 30 days of written request
- Right to receive the annual budget before the fiscal year begins
- Right to vote in all elections by written ballot
- Right to notice of any proposed rule change at least 10 days before adoption
Budget and Financial Disclosure
CICAA requires Illinois HOAs to adopt an annual budget and distribute it to owners before the fiscal year begins. The budget must include a reserve line item. Illinois does not mandate a reserve study by statute, but associations with significant common elements are strongly advised to obtain one — especially given FHA/Fannie Mae financing requirements that apply to condominiums.
Enforcement and Fines
CICAA requires that before fining a homeowner, the association must provide written notice of the alleged violation and a reasonable opportunity to cure. The notice must specify the rule or CC&R provision allegedly violated. Illinois does not set a statewide fine cap — fine amounts and escalation schedules are set by the governing documents.
Board Elections in Illinois
CICAA requires that board elections be conducted by written ballot. The association must allow any owner who is current on assessments to run for the board. Illinois does not require an independent inspector of elections — the board or a committee can oversee the count, but results must be documented and available to owners.
Illinois Condominium Property Act: Key Differences
If your community is a condominium (not a planned community), the Illinois Condominium Property Act (765 ILCS 605/) applies instead of CICAA. The condo act has additional requirements including: mandatory reserve disclosures in resale packages, specific rules for amending the condominium declaration, and detailed owner rights for unit modifications.
Disclaimer: Illinois HOA law distinguishes between planned communities (CICAA) and condominiums (765 ILCS 605/). Confirm which statute applies before taking enforcement action. Consult a licensed Illinois attorney for legal advice.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →