Schaumburg, IL HOA Rules: Assessment & Dues (2026)
Key Facts
- Declarant duty
- Must pay assessments on units it owns
- Reserve authority
- Board of managers sets the funding formula
- Adopted
- Ord. 1837 (1980), amended Ord. 22-072 (2022)
- Conflict rule
- State Condominium Property Act controls, § 98.49
- Enforcement
- Injunction (§98.77) or civil suit (§98.98)
Summary
Schaumburg's Condominium Ordinance makes clear that a developer who still owns units pays the same assessments as everyone else. Section 98.61 requires the declarant to pay all Condominium Property Act assessments on any unit it owns, and § 98.63 leaves it to the elected board of managers, not the developer, to set the formula that funds the building's repair and replacement reserve.
§ 98.61 - PAYMENT OF ASSESSMENTS REQUIRED BY DECLARANT. The declarant shall be required to pay all assessments on condominium units which they own pursuant to the Condominium Property Act. ... § 98.63 - REPAIR AND REPLACEMENT RESERVE. The board of managers shall determine the formula for the funding of any reserve they choose to establish for repair and replacement, initially and subsequent to any expenditures.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56 Update 1 | Policy Manual: Supplement 20).
Full Breakdown
Two sections of the Schaumburg Residential Condominium Ordinance, both adopted in 1980 under Ordinance 1837 and amended by Ordinance 22-072 in 2022, frame how assessments work once a project is up and running. 61 requires the declarant, meaning the original developer, to pay all assessments the Condominium Property Act imposes on any unit it still owns, closing off the practice of a developer skipping dues on unsold or model units while collecting them from owner-occupants. 63 hands reserve funding to the board of managers once it is seated: the board decides the formula for funding any repair and replacement reserve it chooses to establish, both at the outset and after any later expenditure draws the reserve down.
60's transfer-of-control timeline, these sections mean the declarant carries its full assessment share up until control passes, and the incoming owner-elected board, not the developer, controls how future reserve contributions are calculated. 49 makes the State Condominium Property Act control wherever it conflicts with the village ordinance, associations should treat these sections as village-level obligations layered onto the Act's own assessment and reserve requirements rather than a replacement for them.
Violations & Fines
A declarant that skips assessments on units it owns, or a board that mismanages reserve funding, exposes itself to the same remedies as any other violation of the chapter: the village manager can investigate and seek conciliation or an assurance of discontinuance under § 98.75, the village attorney can seek an injunction under § 98.77, and a unit owner or tenant can sue for compensatory and punitive damages, capped at $1,500, plus attorney fees, under § 98.98.
Frequently Asked Questions
Does a Schaumburg condo developer have to pay HOA assessments?
Who decides how much goes into the reserve fund?
What happens if the declarant refuses to pay assessments it owes?
Sources & Official References
Other rules in Schaumburg
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