Homeowners’ associations, also known as HOAs, are common in Illinois and around the country. An HOA is in place to protect a planned community by creating and enforcing rules based on desired standards. When one moves to a community with an HOA, one should be aware of the rights of that association. HOA rules vary greatly from one location to another so homeowners as well as board members should always stay up to date on regulations.
The rights of an Illinois HOA
In Illinois, HOAs are regulated by the Common Interest Community Association Act and are also subject to certain state and federal laws. HOA members or those living in an HOA community may access an individual community’s governing documents by request. The HOA is allowed to make rules about common areas, exterior paint colors on homes in the community, lawn care and parking restrictions.
An Illinois HOA may also levy fines and foreclose on homes for unpaid liens. Before imposing a fine, the HOA is required to provide notice to the homeowner who is in violation. HOAs may also hold the power to evict due to overdue payments to the association. Some HOAs are mandatory while others are voluntary.
HOAs are subject to lawsuits
Many homeowners’ associations face lawsuits from unhappy community members. Homeowners may sue because they feel the rules are not being enforced fairly or they don’t agree with fines assessed against them. When an HOA is sued, it’s important for leading members to seek legal counsel on behalf of the association. An attorney with knowledge of Illinois real estate laws can provide guidance on how best to protect the interests of the association.