Q: Which law governs my association?
A: Illinois General Not-for-Profit Corporation Act
If your homeowners association is not a condominium, it is a non-condominium common interest community association. In a non-condo common interest community association, each member owns his or her own land and the private residence built on that land. Members living within a defined area or community pay annual or monthly fees or assessments for maintenance of shared community facilities, and must also comply with architectural and other restrictions spelled out in a document typically called a “Declaration of Covenants”. If a non-condo common interest community association includes at least 11 private residences and annually collects more than $100,000 from its members, it is subject to the Illinois Common Interest Community Association Act.
If you are a member of a non-condominium common interest community association that is too small to be subject to the Illinois Common Interest Community Association Act, the Illinois General Not-for-Profit Corporation Act will apply if your association has been incorporated.
