Assessment & Dues: Chicago vs Des Plaines
How do assessment & dues rules compare between Chicago, IL and Des Plaines, IL?
Chicago and Des Plaines have similar restriction levels.
Chicago, IL
Cook County
Condo and HOA assessment rules in Chicago are governed by the Illinois Condominium Property Act (765 ILCS 605) and the Common Interest Community Association Act (765 ILCS 160). The board may levy regular assessments based on percentage of ownership interest. Special assessments may require a vote of unit owners as specified in the declaration. Assessment liens are a first priority lien on the unit (after real estate taxes) and can lead to foreclosure. The Act requires associations to maintain adequate reserve funds.
View full Chicago rules →Des Plaines, IL
Cook County
HOA and condo assessments in Des Plaines are governed by Illinois state law, which authorizes regular and special assessments, requires reserve funding, and grants associations strong collection tools including liens and forced sale.
View full Des Plaines rules →Key Facts Comparison
| Fact | Chicago | Des Plaines |
|---|---|---|
| Assessment Basis | Percentage of ownership interest | - |
| Lien Priority | First lien after real estate taxes | Strong - automatic |
| Foreclosure | Allowed for unpaid assessments | - |
| Reserves | Required for repair and replacement | - |
| Governing Law | 765 ILCS 605/9 (condos), 765 ILCS 160 (HOAs) | - |
| Budget Notice | - | 25 days typical (condos) |
| Special Assessment | - | Owner-approval threshold applies |
| Eviction Available | - | 735 ILCS 5/9-111 |
| Super-Priority | - | 9 months pre-foreclosure |
Highlighted rows indicate differences between cities.
Chicago FAQ
Can my Chicago condo association foreclose for unpaid assessments?
Yes. Under 765 ILCS 605/9(g), unpaid assessments create a lien on your unit that the association can foreclose upon. Assessment liens have priority over most other liens except real estate taxes and prior recorded first mortgages.
How are assessment amounts determined in a Chicago condo?
Assessments are based on your percentage of ownership in the common elements as stated in your declaration. The board adopts an annual budget and divides costs according to each unit's ownership percentage.
Des Plaines FAQ
Can my Des Plaines condo really evict me for unpaid dues?
Yes. Illinois condo law (735 ILCS 5/9-111) allows associations to pursue forcible-entry actions to take possession and rent the unit until assessments and fees are paid.
Can owners reject a special assessment?
Under condo law, special assessments above approximately 15% of operating budget may be rejected by petition of 20% of unit owners forcing a vote. Check your declaration.
What if I disagree with an assessment?
Pay under protest while challenging - failure to pay risks lien and eviction. Disputes can proceed through mediation or Cook County Circuit Court.
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