Kendall County, IL HOA Rules: Board Governance (2026)

When a Kendall County subdivision developer wants to hand off long-term maintenance of detention basins, storm sewers, or drainage swales to a homeowners association instead of the County or another public entity, Section 16-206 requires that choice to be documented in the stormwater management permit application. Section 16-208 then dictates what the HOA's own governing documents must say. The association has to be duly incorporated, and a recorded copy of its certificate of incorporation and its bylaws, along with any later amendments, must be delivered to the County's Stormwater Administrator.

The bylaws themselves must, at a minimum, acknowledge the HOA's maintenance obligation, create a mechanism for assessing every lot owner enough to fund that maintenance and pay any taxes on the easement areas, name the officer responsible for carrying out the obligations, keep that officer's contact information current with the Administrator, and require the County's consent before the bylaws can be amended in a way that touches these provisions or before the association can be dissolved. The final plat itself must reserve drainage, ingress and egress easements for the County's benefit, reserve the County's right to enter and perform maintenance the HOA neglects and place a lien for the cost, and carry a covenant binding successors in interest.

Section 16-212 backs this up: unless a public entity has accepted maintenance responsibility, the Administrator must also require a backup special service area as a fallback funding source if the HOA later fails to keep up its duties. The whole package gets incorporated by reference into the stormwater management permit under Section 16-211.