What a Condo Association Should Know About Rule Changes

 Posted on August 09, 2023 in Condominium & Homeowner Association Law

A condo association must occasionally change rules that are no longer working or introduce new rules to manage a new situation. It is normal and natural that the rules and procedures condo owners are subjected to may need to be updated from time to time. However, initiating those changes may be a process. A condo association cannot simply create new rules during a board meeting and have them take effect immediately. While it would likely be easier for condo associations to respond to changes and problems in the community if this were the case, requiring that certain steps be taken before a new rule is introduced can protect condo owners in the community from having restrictive rules placed arbitrarily. If you have identified a need for change in your condo association’s bylaws, it is best to speak with an attorney before attempting to initiate changes. Failing to follow the proper procedure may delay enforcement of a new rule significantly. 

Steps a Condo Association Must Take Before Changing the Bylaws

There is a legal procedure relating to rule changes made by condo associations. Steps a condo association should take to bring rule changes into effect include: 

• Call a meeting - You must arrange a meeting open to condo owners in the community in order to discuss the planned rule changes. Notice regarding this meeting must be provided to members of the association at least ten days in advance to maximize the amount of people who are able to participate. 

• Publicize the planned changes - When you distribute notice of the planned meeting, a copy of the rule changes should be attached. This gives each resident a better opportunity to understand what the rule changes will do and how they will be affected. 

• Check the legality - There are limits as to what rules a condo association may impose on residents. For example, a condo association cannot establishes a rule that would limit the residents’ exercise of religion and free speech. New rules also cannot conflict with any legislation found in the Illinois Condominium Property Act. 

While these rules may make it more challenging to address the need for new community guidelines as quickly as the condo association would like, they also protect the rights of people who live in condos. 

Contact an Arlington Heights Condo Association Attorney

Dickler, Kahn, Slowikowski & Zavell, Ltd. is skilled in helping condo associations develop the rules they need to keep order and ensure a peaceful living atmosphere. Our skilled Arlington Heights condo association lawyers will strive to help you pass your proposed rule changes as easily as possible. Contact us at 847-593-5595 to schedule your initial consultation. 

Source:

https://idfpr.illinois.gov/content/dam/soi/en/web/idfpr/ccico/faq/ccic-ombudsperson-faq-2-adopting-rules-and-regulations-12-20-2016.pdf