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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Naperville, IL
Naperville does not have a local aircraft noise ordinance. Aircraft noise is regulated exclusively at the federal level by the FAA. Naperville is approximate...
Naperville, IL
Naperville requires an $80 fence permit for all fences over 3 feet in height. Applications require a Plat of Survey showing fence placement. Call JULIE at 1-...
Naperville, IL
Naperville limits residential fences to 6 feet in height under Title 6, Section 6-2-15. Fences along major arterial roadways may be up to 9 feet. Front yard ...
Naperville, IL
Naperville requires all dogs to be on a leash no longer than 6 feet when off the owner's property under Title 10, Chapter 4. Dogs running at large on any str...
Naperville, IL
Naperville allows backyard chickens with a permit for any coop or enclosure. Livestock keeping is regulated by zoning under Title 6. A permit is required for...
Naperville, IL
Naperville allows beekeeping in most zoning districts but restricts it in R2 through R5 residential zones. All bee colonies must be registered with the State...
See how Naperville's assessment & dues rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.