Illinois Condo & HOA Case Law

July 10, 2026

Illinois Appellate Court Upholds a Master Association’s Right to Assess Illinois Condominium Unit Owners

Can condominium unit owners refuse to pay equal assessments for shared community areas because their neighbors’ homes benefit more? In Bogot v. Haverford Homeowners Association, 2026 IL App (1st) 250080, the Illinois Appellate Court said no — and held that an Illinois master association that governs both condominiums and single-family homes may assess all owners equally under the Illinois Condominium…
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March 12, 2026

Court Allows Condo to Levy Emergency Special Assessment

Illinois condominium association boards frequently face difficult decisions when unexpected building repairs arise, especially when those repairs require large special assessments. A recent Illinois appellate decision provides important guidance on when an Illinois condominium board may impose a significant special assessment without first obtaining unit owners’ approval. In Dedic v. Bd. of N. Shore Towers Condo. Ass’n, 2018 IL App…
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March 5, 2026

Illinois Court: Declaration Controls over HOA Rules

Illinois homeowners associations cannot enforce a rule that contradicts their recorded declaration. This was the central issue in Kubik as Tr. of Sarah J. Kubik Declaration of Tr. Dated Feb. 1, 2002 v. Darien Club Owners Ass’n (2025 IL App (3d) 240546-U), a dispute arose as to whether the installation of fencing was permitted as the HOA’s rules and regulations…
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February 10, 2026

Illinois Court Rules Condo Parking Space Not a Limited Common Element

Parking disputes can be an issue for community associations. Unit owners may believe that long-standing practices, informal arrangements, or even representations made at the time of purchase give them certain parking rights. In 334 Barry In Town Homes, Inc. v. Farago, 205 Ill. App. 3d 846, 563 N.E.2d 856 (1st Dist. 1990), the Illinois Appellate Court held that condominium declarations…
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