Evanston, IL HOA Rules: HOA Disputes (2026)

Evanston regulates new and converted condominiums through Chapter 4 of Title 5, the Evanston Residential Condominium Ordinance (§ 5-4-1-1). Section 5-4-6-3 is the private lawsuit provision of that chapter. It lets any unit owner or tenant file suit in any court of competent jurisdiction for injuries sustained as a result of a violation by the declarant of any provision of the chapter. Under § 5-4-1-7 the declarant is any person who plans to execute or has executed the declaration, or on whose behalf the declaration is executed. The defendant is therefore the developer or converter, not the board of managers and not a neighboring owner.

If the court finds a violation, it can assess compensatory damages, and in addition punitive damages equal to three times the compensatory damages, but not more than $1,500. The court shall also award the unit owner's or tenant's attorney reasonable fees when a violation has occurred. The fee rule cuts both ways: if the court finds that no violation has occurred, it shall assess reasonable attorneys' fees against the unit owner and tenant. Contractual promises do not merge with the deed and survive conveyance of the unit, so a promise made in the sales contract stays enforceable after closing. The section also states that it is not a limitation on any other private right of action.

The violations a suit can rest on come from the rest of the chapter. Section 5-4-3-4 requires every first-time sales contract to carry express declarant warranties: four years from title transfer of the first unit, or two years from the transfer that brings sold units to 60% of the total, whichever occurs first, for the roof, foundation, structural elements and building systems, and one year from title transfer for mechanical equipment inside an individual unit. Section 5-4-5-1 requires control to pass from the declarant to the board of managers within 30 days after 60% of the units have been conveyed. Section 5-4-5-3 requires declarant-era management, service and lease contracts to let the association terminate without penalty on not less than 90 days' notice once the elected board takes office.

Section 5-4-1-5 names § 5-4-6-3 among the few provisions that also reach resales by individual unit owners, even for units created before the ordinance was adopted. The City Manager or a designee administers the chapter under § 5-4-1-6, and a $150 per unit application fee applies to new or conversion condominiums.