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Des Plaines, IL HOA Rules: Architectural Review (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Authority Source
Declaration & bylaws
FCC OTARD Limit
Protects small antennas
City Permit
Still required separately
Appeal Path
Board, then Circuit Court

Summary

HOAs and condominium associations in Des Plaines may impose architectural review requirements through their declarations and bylaws. These rules operate independently of city building permits, which remain required regardless of HOA approval.

(765 ILCS 605/4.1) Sec. 4.1. Construction, interpretation, and validity of Condominium Instruments. (a) Except to the extent otherwise provided by the declaration or other condominium instruments: [...] (2) To the extent that perimeter and partition walls, floors or ceilings are designated as the boundaries of the units or of any specified units, all decorating, wall and floor coverings, paneling, molding, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors or ceilings and all portions of perimeter doors and all portions of windows in perimeter walls shall be deemed part of the common elements. [...] (5) Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, perimeter doors, windows in perimeter walls, and any other apparatus designed to serve a single unit shall be deemed a limited common element appertaining to that unit exclusively. (6) All provisions of the declaration, bylaws and other condominium instruments are severable. (b) Except to the extent otherwise provided by the declaration or by other condominium instruments recorded prior to the effective date of this amendatory Act of 1984, in the event of a conflict between the provisions of the declaration and the bylaws or other condominium instruments, the declaration prevails except to the extent the declaration is inconsistent with this Act.

Source: Illinois Condominium Property ActView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Architectural review committees (ARCs) in Des Plaines HOAs derive authority from the recorded declaration of covenants and bylaws, governed by the Illinois Condominium Property Act or Common Interest Community Association Act. ARC approval may be required for exterior modifications: paint colors, fences, decks, patios, satellite dishes, additions, replacement windows, and landscaping. Federal law (FCC OTARD rule) limits HOA restriction of small satellite dishes and antennas, and Illinois has limited solar-access protections. ARC procedures must follow association bylaws including notice, opportunity to be heard, and timely written decisions. ARC approval does not substitute for required City of Des Plaines building permits - both must be obtained separately. Owners denied ARC approval typically have an appeal route through the board and ultimately Circuit Court.

Violations & Fines

Violations of ARC rules: fines per association schedule (commonly $25-$200 per occurrence), liens, and removal-of-violation orders. Bypassing city permits: separate municipal violation $250-$1,000 plus stop-work order.

Frequently Asked Questions

Do I need both HOA approval and a city permit?
Yes. HOA architectural approval is independent of City of Des Plaines building permits. You need both for most exterior modifications.
Can my HOA prohibit satellite dishes?
Federal FCC OTARD rules limit HOA restrictions on small satellite dishes (under 1 meter) and certain antennas, though placement restrictions may be allowed.
How do I appeal an ARC denial?
Follow the appeal procedure in your declaration and bylaws, typically through the full board. After exhausting internal remedies, owners may sue in Cook County Circuit Court.

Sources & Official References

Other rules in Des Plaines

All Des Plaines rules

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