Community association boards often have questions regarding whether an item is a common or limited common element, how ownership percentages affect assessment responsibility, and how unit owners may use their property. The declaration contains the answers to these queries.
Additionally, the declaration is recorded in the land records in the county where the association is located. This ensures that prospective purchasers, owners, and lenders are on notice that the property is subject to the declaration’s restrictions. Accordingly, the declaration binds each subsequent owner, and purchasers who purchase property within a community association must adhere to the restrictions outlined in the declaration.
Importantly, Illinois courts have held that the restrictions contained in the declaration are given a strong presumption of
validity.As discussed below, any restrictions on an owner’s use of the property, such as rental restrictions, smoking prohibitions, or animal prohibitions, should be expressly contained in the declaration so they can be enforced in court if necessary.
Generally, amending the declaration can be a challenging task for many Illinois community associations. Barring certain exceptions under the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act, amending the declaration requires obtaining a certain percentage of unit owner approval, which generally ranges from 51- 75%. This can be quite burdensome for larger community associations or those with scarce participation.
Additionally, once approved by the unit owners, most declarations require the amendment to be sent to any mortgagees or lienholders of record. A community association should consult its legal counsel to understand the intricacies of the amendment process if the association intends to amend its governing documents. Finally, amendments to the declaration become effective upon recording in the county land records.
THE BYLAWS
The next document that governs a community association is the bylaws. The bylaws govern the association’s administrative and procedural matters. The bylaws will include information on elections and election logistics, the number of board members to be elected, notice requirements for owner and board meetings, the powers and duties of board members, the association’s recordkeeping obligations, and other administrative matters.
Generally, the bylaws are attached to the declaration as an exhibit. However, the bylaws can also be a separate document. Regardless, the bylaws must also be recorded in the county land records. In the event there is a conflict between the bylaws and the declaration, the declaration will prevail.
Similar to the declaration, amending the bylaws can be challenging and generally requires an owner vote, with certain exceptions. Most bylaw amendments must be sent to each mortgagee or lienholder of record before recordation. Like amendments to the declaration, bylaw amendments must also be recorded in the county land records where the association is located and become effective upon recordation.
RULES AND REGULATIONS
In Illinois, most community association boards have the authority to enact rules and regulations, subject to certain restrictions.1
Unlike the declaration and bylaws, the rules are not recorded in the county land records. This allows the rules to remain more flexible and subject to consistent change, unlike the declaration and bylaws.
Generally, a community association’s declaration or bylaws will grant the board rule-making authority. Some common rules that Illinois community association boards may adopt include moving rules, noise and nuisance rules, trash and recycling rules, and common element use rules. Additionally, Illinois community associations are required by state law to adopt certain policies, such as a written energy policy statement.2 Statement Act) or an accessible parking policy3
(as required by the Illinois Homeowners’ Energy Policy (as required by the Illinois Condominium Property Act). Upon adoption, these policies would be incorporated into the association’s rules.
In contrast to the declaration and bylaws, a community association board may generally adopt and amend the rules without owner approval. However, because unit owners typically do not participate in the rule-making process, restrictions in the rules are not afforded a strong presumption of validity, unlike restrictions found in the declaration, and may be carefully scrutinized by a court to determine the “reasonableness” of the rule.
For example, in Hinojosa, the association’s board adopted a no-dog rule even though the declaration did not prohibit dogs. The court reviewed the rule and held that it was within the board’s authority and reasonable, given a recent dog attack within the association. Importantly, rules may not conflict with the declaration or bylaws. In the event of a conflict between the rules and the declaration, the declaration will control. Similarly, the bylaws will prevail in the event of a conflict between the rules and the bylaws. Community associations adopting rules should consult legal counsel to confirm that the rule will not conflict with the declaration and bylaws and is reasonable.
42 | COMMON INTEREST® • Summer 2026 • A Publication of CAI-Illinois Chapter
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