Des Plaines, IL HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice Required
- Yes - before fine
- Hearing Right
- Yes - before board
- Selective Enforcement
- Defense available
- Fines
- Per published schedule
- Court Remedies
- Liens, injunctions
Summary
Des Plaines HOAs and condo associations enforce their declarations and rules through fines, suspension of privileges, liens, and Circuit Court actions. Enforcement must be procedurally fair and consistent or owners can challenge in court.
(765 ILCS 605/9) Sec. 9. Sharing of expenses - Lien for nonpayment. [...] (g) Lien. (1) If any unit owner shall fail or refuse to make any payment of the common expenses or the amount of any unpaid fine when due, the amount thereof together with any interest, late charges, reasonable attorney fees incurred enforcing the covenants of the condominium instruments, rules and regulations of the board of managers, or any applicable statute or ordinance, and costs of collections shall constitute a lien on the interest of the unit owner in the property prior to all other liens and encumbrances, recorded or unrecorded [...] (h) A lien for common expenses shall be in favor of the members of the board of managers and their successors in office and shall be for the benefit of all other unit owners. Notice of the lien may be recorded by the board of managers, or if the developer is the manager or has a majority of seats on the board of managers and the manager or board of managers fails to do so, any unit owner may record notice of the lien. Upon the recording of such notice the lien may be foreclosed by an action brought in the name of the board of managers in the same manner as a mortgage of real property.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
CC&R (Covenants, Conditions, and Restrictions) enforcement in Des Plaines is governed by the recorded declaration plus the Illinois Condominium Property Act or Common Interest Community Association Act. Both acts require boards to provide a violation notice, opportunity to be heard before the board, and a written decision before imposing fines. Fines must be reasonable and follow a published schedule. Selective enforcement (enforcing rules against some owners but not others) is a defense. Common violations include unauthorized exterior modifications, parking, pet rules, leasing restrictions, and architectural noncompliance. Associations may suspend voting rights and amenity access for serious violations. Persistent violations can lead to liens, court injunctions, and in extreme cases forced sale. The Illinois Attorney General's Office of the Condominium and Common Interest Community Ombudsperson previously provided assistance but funding has fluctuated.
Violations & Fines
Association fines per published schedule (commonly $25-$500 per violation, escalating). Unpaid fines become liens. Court-ordered injunctions and removal-of-violation orders are available. Associations may recover attorney fees per declaration.
Frequently Asked Questions
Can my Des Plaines HOA fine me without a hearing?
What if my HOA only enforces rules against me?
Can the HOA force me to sell?
Sources & Official References
Other rules in Des Plaines
Compare Des Plaines to another location·View the Illinois hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
CC&R Enforcement in Nearby Cities
How other cities in Cook County handle cc&r enforcement.