Homeowner Association Rule Revisions in These Turbulent Times

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

Across the nation, about 22-25 percent of all homes are part of a Homeowners Association (HOA). In the state of Illinois, about 1.5 million of the state’s five million homes (29.7 percent) are in an HOA. Illinois ranks sixth in the number of HOAs across the nation, with an average monthly HOA fee of $387.

Florida has the highest number of HOAs (45 percent), followed by Colorado, California, Washington State, Arizona, and Illinois. Missouri has the highest average HOA monthly fees at $469. Many residents in HOA communities have a love-hate relationship with their HOA. 

Some HOAs can cross the line between what is good for the community and allowing homeowners at least some autonomy. The owners, the board of directors, or a similar governing body manage and regulate development in an HOA. Those who purchase property in an HOA-governed community must become members of the association and abide by its rules and regulations. 

In certain instances, HOA membership is voluntary, but it usually still comes with some rules and regulations included in the property deed or local ordinances. Each HOA maintains governing documents that set forth the operation and management of the community, along with the obligations and responsibilities of homeowners and the HOA.

Certain provisions may become outdated over time or need to be changed to reflect changes in state laws. Depending on the change, HOA boards that want to change some of the rules may face steep opposition from homeowners. If your HOA board is considering changes to the HOA rules and regulations, it is always a good idea to seek input from an experienced Arlington Heights, IL homeowner association attorney.

Who Decides When Changes Are Necessary for an HOA?

Depending on how the HOA is structured, either the board of directors, the owners of the homes, or another approved governing body will decide that changes are necessary, then follow a specific amendment process outlined in the community’s governing documents and Illinois state law. 

Usually, a specific percentage of the voting members must approve rule changes. When an amendment passes, the association must distribute information to every homeowner while ensuring the rules are applied legally and for every homeowner.

What Is the Process in Illinois for Changing HOA Rules?

There is an HOA "hierarchy" as far as documents are concerned. At the very top of the triangle are federal and state laws, which must be adhered to by every HOA. Next in line is the recorded plat, which is a survey that shows features and property dimensions before development. 

The Declaration of Covenants, Conditions, and Restrictions is next in line, governing the use and development of the property on which the HOA homes are built. The goal of CC&Rs is to maintain property values and ensure the property is being used as the developer envisioned.

The Articles of Incorporation include the directors of the first board and all the information pertaining to the HOA, including the law under which it received HOA designation. The Bylaws are next, detailing how the HOA is to be run as far as the board of directors is concerned. 

Homeowner rules are also included in the Bylaws; every homeowner must be made aware of them and agree to them before moving into the community. Board Resolutions ensure the decisions made by the board are legal and binding. They have the lowest level of authority in the HOA and are superseded by other legal documents. 

In some HOAs, the bylaws or covenants need enough association votes for a change to go into effect. In others, changes in rules may not require association owner approval and can just be approved by the board. It is rarely ever a good idea to change HOA rules and regulations without having an experienced attorney involved in the process.   

Contact a Cook County, IL Homeowner Association Attorney

If your HOA is considering changes, do not wait until it faces lawsuits from every direction. Speak to an Arlington Heights, IL homeowner association attorney from Dickler, Kahn, Slowikowski & Zavell, Ltd. before problems arise. Our attorneys have more than 150 years of combined experience and are ready to ensure your proposed HOA changes are implemented smoothly. Call 847-593-5595 to schedule your initial attorney meeting.