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Schaumburg, IL HOA Rules: Board Procedures (2026)

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

Key Facts

Transfer deadline
30 days after 60% of units conveyed
Board eligibility
All elected managers must be unit owners
Resident majority
Required when residents are willing to serve
Governing ordinance
Ord. 1837, passed March 25, 1980
Civil remedy
Punitive damages up to 3x, capped at $1,500

Summary

Schaumburg's Condominium Ordinance sets the mechanics for handing a project from its developer to homeowners. Control must pass from the declarant to an elected board of managers within thirty days after sixty percent of the units are sold, and every board member elected at that transfer must be a unit owner, with a resident majority required whenever enough owner-residents are willing to serve.

(A)Control of the condominium project shall be transferred from the declarant to the board of managers within thirty (30) days after sixty percent (60%) of the units have been conveyed.(B)Not later than the termination of any period of declarant control the unit owners shall elect a board of managers, all of whom must be unit owners. A majority of the board must also be residents in the condominium if in fact such a majority resides in the condominium and is willing to serve on the board.

View official code

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

60 of the Village Code, part of the Schaumburg Residential Condominium Ordinance adopted by Ordinance 1837 in 1980, governs when and how a condominium association takes over from its developer. Control of the project must transfer from the declarant to the board of managers within thirty days after sixty percent of the units have been conveyed to purchasers. Not later than that transfer date, unit owners must elect a board of managers, and the ordinance requires every elected member to be a unit owner; it further requires a majority of the board to be residents of the condominium whenever a resident majority exists and is willing to serve.

63 puts the board, once seated, in charge of setting its own formula for funding repair and replacement reserves. 49 provides that state law controls if the two conflict, boards should read the local transfer-of-control mechanics as village-specific process layered on top of the state Act's substantive rights.

Violations & Fines

Section 98.77 lets the village attorney go to court to enjoin a violation the village manager finds after an inspection, and § 98.98 gives any unit owner or tenant a private right to sue a declarant, with courts able to award compensatory damages plus punitive damages up to three times that amount, capped at $1,500, and to award attorney fees to whichever side prevails.

Frequently Asked Questions

When must a Schaumburg condo developer hand control to owners?
Within thirty days after sixty percent of the units in the project have been conveyed to purchasers, under § 98.60 of the Village Code. At that point the unit owners must elect a board of managers made up entirely of unit owners, with a majority required to be residents whenever enough owner-residents are willing to serve on the board.
Can a board cancel contracts the developer signed before it took office?
Yes. Section 98.62 requires every management, employment, service, or recreational-lease contract the declarant entered into before the elected board took office to include a clause letting the new association end it without penalty, on at least ninety days' notice, at any time after the board takes office.
What can a unit owner do if the board or declarant violates the ordinance?
File suit under § 98.98. A court can award compensatory damages plus punitive damages up to three times that amount, capped at $1,500, and must award attorney fees to the prevailing party. The village attorney can separately seek an injunction under § 98.77 after a village manager inspection documents a violation.

Sources & Official References

Other rules in Schaumburg

All Schaumburg rules

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