Illinois Statewide Rule
Illinois HOA Assessments, Liens & Foreclosure (765 ILCS 160)
Key Facts
- Governing law
- 765 ILCS 160/1-45 (Common Interest Community Association Act)
- Budget/assessment notice
- 30-60 days before board adoption
- Owner veto
- Assessment over 115% of prior year; 20% of owners may petition
- Statutory lien
- None in the Act; must be granted by declaration/bylaws
- 9-111 eviction remedy
- Condominiums only, not HOAs
Summary
The Common Interest Community Association Act (765 ILCS 160) governs Illinois HOA budgets and assessments but, unlike the Condominium Property Act, it creates no statutory assessment lien or foreclosure power. An HOA may record and foreclose a lien only if its recorded declaration or bylaws grant that right.
(a) Each member shall receive through a prescribed delivery method, at least 30 days but not more than 60 days prior to the adoption thereof by the board, a copy of the proposed annual budget together with an indication of which portions are intended for reserves, capital expenditures or repairs or payment of real estate taxes.
Full Breakdown
Under 765 ILCS 160/1-45 ('Finances') the board adopts an annual budget and gives members notice of a proposed budget or assessment at least 30 but not more than 60 days before adoption; if a regular assessment would exceed 115% of the prior year, owners holding 20% of the votes may petition for a meeting to reject it. Critically, the Act itself does not authorize liens or foreclosure for unpaid HOA assessments. The eviction-style remedy in 735 ILCS 5/9-111 applies only 'to property subject to the provisions of the Condominium Property Act,' not to common interest community associations. So an HOA's power to record a lien, foreclose, or sue must come from its own declaration or bylaws.
Violations & Penalties
No criminal penalty. A delinquent owner owes the past-due assessments plus any late charges, interest, and collection costs allowed by the declaration. Foreclosure or a lien is possible only where the recorded declaration or bylaws grant it; otherwise the HOA's remedy is an ordinary breach-of-contract money judgment.
Frequently Asked Questions
Can an Illinois HOA foreclose on my home for unpaid assessments?
How much notice must an Illinois HOA give before raising assessments?
Sources
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