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Orland Park, IL HOA Rules: Assessment & Dues (2026)

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

Key Facts

Statutory Authority
765 ILCS 605 / 160
Assessment Types
Regular and special
Lien Priority
Strong under IL law
Collection
735 ILCS 5/9 possession action
Notice
Advance budget approval

Summary

Orland Park HOAs may levy regular and special assessments under their declarations and Illinois statute. Unpaid assessments may be liened against the unit and pursued through Cook County's forcible entry and detainer process under 735 ILCS 5/9.

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. To determine the amount of reserves appropriate for an association, the board of managers shall take into consideration the following: (i) the repair and replacement cost, and the estimated useful life, of the property which the association is obligated to maintain, including but not limited to structural and mechanical components, surfaces of the buildings and common elements, and energy systems and equipment; (ii) the current and anticipated return on investment of association funds; (iii) any independent professional reserve study which the association may obtain; (iv) the financial impact on unit owners, and the market value of the condominium units, of any assessment increase needed to fund reserves; and (v) the ability of the association to obtain financing or refinancing.

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

HOA assessment authority derives from the recorded declaration and bylaws, with statutory framework provided by 765 ILCS 605 (condos) or 765 ILCS 160 (CICAA). Boards may establish regular monthly or annual assessments to fund operations and reserves, and special assessments to address capital projects or shortfalls. CICAA and the Condo Act limit annual increases above certain thresholds without owner approval and require advance notice and adopted budgets. Reserve studies are recommended and increasingly required. Unpaid assessments become a lien against the unit upon recording, with priority rules favoring the association in foreclosure proceedings. Associations may sue under 735 ILCS 5/9 (Forcible Entry and Detainer) to obtain possession when assessments are unpaid, even where the unit owner remains in possession of legal title.

Violations & Fines

Owner non-payment: late fees per declaration, lien recording, attorney's fees recovery, possession action in Cook County Circuit Court. Improper board assessments: owner challenge with potential injunction.

Frequently Asked Questions

Can my HOA raise my assessments without owner vote?
Modest increases are typically permitted by board action. Large increases or special assessments above statutory thresholds may require owner approval depending on declaration and statute.
What happens if I don't pay assessments?
Late fees accrue, the HOA records a lien, may sue for possession under 735 ILCS 5/9, and recovers attorney's fees. Liens have strong priority under Illinois law.
Can I dispute an assessment?
Yes. Request itemization, review under the declaration, and consider attorney consultation. Statutory procedures exist for challenging improperly adopted assessments.

Sources & Official References

Other rules in Orland Park

All Orland Park rules

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