Keeping theKingdom

By Sir Lancelot, Common Interest Staff Writer

The medieval times gave rise to a stratified class structure in which the nobility were the ruling class, with the highest level of authority being the sovereign king. A king’s realm (the kingdom) often expanded across territory a considerable distance from the seat of governance (the castle). To ensure the king’s control over the far reaches of his kingdom, noblemen (lords) governed smaller, more manageable portions of the kingdom (a fief). The lords would, among other things, enforce the king’s edicts and collect taxes from the inhabitants of the fief on behalf of the king. However, the ultimate say in governance came from the king.

In modern times we have dispensed with the monarchal form of governance for a more democratic one. Yet, as the popularity of Game of Thrones or the longevity of Medieval Times Dinner and Tournament indicates, our fascination with the medieval world persists, even if somewhat fantastic. So, it would not be a surprise if someone were to think of a master association and its underlying associations as a king (the master association board of managers) ruling its kingdom comprised of fiefs (underlying associations) governed by lords (the underlying association board of managers).

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At first glance, it would seem that an analogy can be made. After all, it is called a “master” association. However, let us look a little closer at the relationship between a master association and its underlying associations before we come to any conclusion; lest the wrong conclusion send us to the dungeon… or worse!

We begin this adventure with Section 18.5 of the Illinois Condominium Property Act (the “Act”), which are the statutory provisions applicable to master associations. Section 18.5 of the Act provides, “if a declaration, other condominium instrument, or other duly recorded covenants provide that any of the powers of the unit owners associations are to be exercised by or may be delegated to a nonprofit corporation or unincorporated association that exercises those or other powers on behalf of one or more condominiums, or for the benefit of the unit owners of one or more condominiums, such corporation or association shall be a master association.” In other words, development projects that contain more than one “smaller”1

association

may include areas which are used by the members of the various “smaller” associations, which area may not be part of any particular “smaller” association. Instead, such common area may be subject to the control of a separate

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