Illinois HOA Assessments, Liens & Foreclosure (765 ILCS 160)

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.

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.