Document Amendments

A step-by-step guide to amending Illinois HOA and condo governing documents: owner votes, mortgagee approval, and recording. Practical tips for boards.

Amending HOA Declarations in Illinois: What Recent Court Cases Reveal When can a community association amend its declaration? Must it wait for the end of the initial 20-year term before making changes? Does amending an HOA declaration take effect immediately upon recording, or must it meet specific procedural requirements? These were the questions at the center of a long-running dispute…

When was the last time your condominium association reviewed its declaration and bylaws? If your condominium association’s governing documents have not been reviewed or revised recently, the condominium association may have significant legal liability. Oftentimes, condominium associations suffer costly and avoidable consequences because their governing documents were outdated, incomplete, or in conflict with current law. While many condominium associations are…

Under Section 25 of the Illinois Condominium Property Act (the “Act”), developers may reserve the right to add additional land to a condominium after it has been created, so long as the original declaration includes certain language required by the Act.  See 75 ILCS 605/25.  The fact that a developer may expand an already existing condominium may sometimes come as…

As property values rise and unit owners look for ways to customize their living space, combining adjacent condominium units has become increasingly popular in Illinois. Whether creating a more prominent primary residence or expanding investment potential, the Illinois Condominium Property Act provides a pathway for combining units. If you’re a unit owner considering this option or a board member evaluating…