Evanston, IL HOA Rules: HOA Disputes (2026)
Key Facts
- Who can sue
- Any unit owner or tenant
- Punitive damages cap
- $1,500 (3x compensatory)
- Fee-shifting
- Losing side pays attorney's fees
- Citation
- Evanston City Code § 5-4-6-3
Summary
Unit owners and tenants can sue a declarant directly in court for violations of Evanston's Residential Condominium Ordinance, with triple punitive damages and attorney's fees available.
Any unit owner or tenant may file a suit in any court of competent jurisdiction for injuries sustained by him/her as a result of a violation by declarant of any provisions of this Chapter. In the event that such violation is found to occur, the court may assess compensatory damages, and in addition punitive damages equal to three (3) times the amount of compensatory damages, but not more than one thousand five hundred dollars ($1,500.00). The court shall also award the unit owner's or tenant's attorney reasonable fees for his/her services in the event that such a violation has occurred. If the court finds that no violation has occurred, the court shall assess reasonable attorneys' fees against the unit owner and tenant. Contractual promises shall not be held to have merged with the deed and shall survive conveyance of the unit. This Section shall not constitute a limitation on any other private right of action.
(Ord. No. 12-0-79; Ord. No. 8-O-12, (48-O-11(exh. B, § 5-4-6-3)), 1-23-2012)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 21).
Full Breakdown
Evanston City Code § 5-4-6-3 gives unit owners and tenants a private right of action against a declarant who violates the Residential Condominium Ordinance. A court can award compensatory damages plus punitive damages equal to three times that amount, capped at $1,500, and must award the winning party's attorney's fees. If the court finds no violation occurred, it must instead award attorney's fees against the unit owner or tenant who sued, a real risk that pushes most disputes toward the City's investigation and conciliation process first.
Violations & Fines
Punitive damages are capped at three times compensatory damages, up to $1,500, plus attorney's fees for the prevailing side, including against the plaintiff if no violation is found.
Frequently Asked Questions
Can an Evanston condo owner sue over an ordinance violation?
What if the lawsuit loses?
Sources & Official References
Other rules in Evanston
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