Naperville, IL HOA Rules: CC&R Enforcement (2026)
Key Facts
- Primary enforcer
- HOA, not the City
- Backstop trigger
- 90 days after written notice
- Fine amount
- $50,000 plus enforcement costs
- Scope
- Age-restricted developments only
Summary
In Naperville age-restricted subdivisions, the homeowners association bears primary duty to enforce age covenants; the City or school district steps in, and fines the HOA $50,000, only if the HOA fails to act within 90 days of notice.
It shall be the right, obligation and duty of the homeowners association ("HOA") to enforce the restrictions contained in this Section in a proactive and diligent manner. The HOA Board shall adopt, implement and enforce rules, regulations and procedures to ensure that at all times the restrictions contained herein are followed. At all times, the HOA shall have an obligation to cooperate with the school district and City in enforcement efforts pursuant to this Section. Within ninety (90) days of written notification to the HOA by the school district or the City of Naperville that a violation of the restrictions set forth in this Section may have occurred, the HOA shall commence an enforcement proceeding against the student generator, and shall diligently pursue the proceeding. If the HOA fails to commence such a proceeding within said time period and either the City and/or school district commences such a proceeding, or if the HOA commences a proceeding, but fails to diligently pursue the same, then the HOA shall pay a fine of fifty thousand dollars ($50,000.00) to either the school district or the City and also be responsible to reimburse either the City or the school district for the costs and expenses of said their bringing such litigation including attorney's fees.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 101).
Full Breakdown
Naperville subdivision code requires HOAs formed for age-restricted developments to proactively enforce age-restriction covenants tied to school and park land-cash waivers. The HOA Board must adopt, implement, and enforce rules ensuring compliance, and the HOA must cooperate with the City and the applicable school district on enforcement. If the City or school district gives written notice of a suspected violation, the HOA has 90 days to open and diligently pursue an enforcement proceeding against the violating resident. Only if the HOA misses that window, or starts but abandons the case, does the City or school district step in directly, and the HOA then owes a $50,000 fine plus the enforcing body's litigation costs and attorney's fees.
Violations & Fines
Missing the 90-day enforcement deadline, or abandoning a filed case, triggers a $50,000 fine payable to the City or school district, plus reimbursement of their litigation costs and attorney's fees.
Frequently Asked Questions
Can the City fine our HOA for not enforcing age restrictions?
Does this apply to every Naperville HOA?
Sources & Official References
Other rules in Naperville
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