and regulations. Fine schedules should allow for boards to impose fines which are commensurate with the nature and frequency of the particular violations. Associations should consider having their rules affirmatively state that the board has the flexibility to refrain from imposing a fine in cases where one-time infractions have been promptly corrected by a homeowner. While granting homeowners outright variances or waivers under rules can expose an association to liability or compromise future rule enforcement action, a board can still exercise discretion in deciding how to handle the disposition of any given violation. For instance, a board can focus primarily upon securing agreed homeowner compliance with rules and reserve adversarial action for those situations where an association has exhausted its options for pursuing an amicable outcome.
When an owner or occupant commits an “illegal motion” in violation of the association’s rules, it is time for the board to blow its proverbial whistle and take enforcement action.
1
Relative to Illinois condominium associations, under Section 18.4(h) of the Illinois Condominium Property Act (“Condominium Act”), the purpose of rules and regulations is to cover “the details of the operation and use of the property.” Illinois common interest community associations must refer to their governing documents to identify the scope of a board’s rulemaking authority, including whether the board can only adopt rules regulating the use of common areas or whether the board also has the authority to adopt rules regulating the use and occupancy of individually owned homes.
2
Illinois condominium associations must use the rulemaking procedures described in Section 18.4(h) of the Condominium Act. Non- condominium common interest community associations and master associations must follow the rulemaking procedures prescribed by their governing documents.
3
With respect to Illinois condominium associations, Section 18.4(h) of the Condominium Act expressly requires that associations call a meeting of unit owners for the specific purpose of discussing proposed rules and regulations prior to board approval of the rules. Notice of the unit owners’ meeting must contain the full text of the proposed rules and be given to the unit owners not less than 10 and not more than 30 days prior to the meeting date. Unless the condominium instruments provide otherwise, no quorum of unit owners is required at the unit owners’ meeting. At a board meeting held sometime after the meeting of unit owners, the board votes on whether to adopt the rules.
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