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Des Plaines, IL HOA Rules: Assessment & Dues (2026)

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

Key Facts

Budget Notice
25 days typical (condos)
Special Assessment
Owner-approval threshold applies
Lien Priority
Strong - automatic
Eviction Available
735 ILCS 5/9-111
Super-Priority
9 months pre-foreclosure

Summary

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.

(765 ILCS 605/9) Sec. 9. Sharing of expenses - Lien for nonpayment. (a) All common expenses incurred or accrued prior to the first conveyance of a unit shall be paid by the developer, and during this period no common expense assessment shall be payable to the association. It shall be the duty of each unit owner including the developer to pay his proportionate share of the common expenses commencing with the first conveyance. The proportionate share shall be in the same ratio as his percentage of ownership in the common elements set forth in the declaration. (b) The condominium instruments may provide that common expenses for insurance premiums be assessed on a basis reflecting increased charges for coverage on certain units. (c) Budget and reserves. (1) The board of managers shall prepare and distribute to all unit owners a detailed proposed annual budget, setting forth with particularity all anticipated common expenses by category as well as all anticipated assessments and other income. The initial budget and common expense assessment based thereon shall be adopted prior to the conveyance of any unit. The budget shall also set forth each unit owner’s proposed common expense assessment. (2) All budgets adopted by a board of managers on or after July 1, 1990 shall provide for reasonable reserves for capital expenditures and deferred maintenance for repair or replacement of the common elements.

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

Illinois law (765 ILCS 605 for condos and 765 ILCS 160 for common interest communities) governs assessments in Des Plaines associations. Boards must adopt an annual budget with proper notice (typically 25 days for condos), separating operating expenses from required reserve funding. Special assessments above a threshold (often 15% of operating budget) may trigger unit-owner approval rights or rejection petitions. Unpaid assessments become liens on the unit by operation of law, prior to most other liens. Associations may file forcible-entry-and-detainer (eviction) actions for non-payment under 735 ILCS 5/9-111 - an unusually powerful remedy in Illinois. Late fees, interest, and attorney fees are typically recoverable. Cook County mortgage foreclosures interact with associations through 9 months of pre-foreclosure assessments protected as super-priority.

Violations & Fines

Unpaid assessments accrue late fees, interest, attorney fees, and become liens. Associations may pursue forcible-entry actions for possession plus collection lawsuits. Unit owners may face foreclosure for prolonged non-payment.

Frequently Asked Questions

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.

Sources & Official References

Other rules in Des Plaines

All Des Plaines rules

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