The Common Interest Community Association Act (765 ILCS 160) governs Illinois HOA budgets and assessments but, unlike the Condominium Property Act, it creates no statutory assessment lien or foreclosure power. An HOA may record and foreclose a lien only if its recorded declaration or bylaws grant that right.
Under 765 ILCS 160/1-45 ('Finances') the board adopts an annual budget and gives members notice of a proposed budget or assessment at least 30 but not more than 60 days before adoption; if a regular assessment would exceed 115% of the prior year, owners holding 20% of the votes may petition for a meeting to reject it. Critically, the Act itself does not authorize liens or foreclosure for unpaid HOA assessments. The eviction-style remedy in 735 ILCS 5/9-111 applies only 'to property subject to the provisions of the Condominium Property Act,' not to common interest community associations. So an HOA's power to record a lien, foreclose, or sue must come from its own declaration or bylaws.
No criminal penalty. A delinquent owner owes the past-due assessments plus any late charges, interest, and collection costs allowed by the declaration. Foreclosure or a lien is possible only where the recorded declaration or bylaws grant it; otherwise the HOA's remedy is an ordinary breach-of-contract money judgment.
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