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Living in a homeowners association or condominium community means balancing your right to your own property with rules that apply to the community as a whole. In Illinois, many homeowners’ associations are governed by the Common Interest Community Association Act and condominium associations are generally governed by the Illinois Condominium Property Act. Declarations, bylaws, rules and other governing documents can also be very important in determining the rights and responsibilities of owners and association boards.
Disputes may occur over assessments, fines, maintenance responsibilities, architectural changes, use restrictions, association records, board decisions and enforcement of community rules. Illinois law gives enforcement powers to associations but there are requirements to those powers. For example, both common interest community and condominium association boards generally must give notice and an opportunity to be heard before imposing reasonable fines for violations. O’Flaherty Law can review the governing documents and facts of a dispute to help determine what options may be available.
Disagreements between HOAs and COAs can become more expensive and disruptive when parties are unsure what the governing documents actually require. O’Flaherty Law works with property owners, condo owners and community associations in Bloomington to identify legal issues, assess alternatives, and pursue an effective path forward. Whether enforcing bylaws, contesting a board action, dealing with unpaid assessments, reviewing documents or resolving a brewing dispute, we aim to provide clear guidance focused on protecting our clients’ interests.
Please contact our friendly lawyers to Schedule a Consultation.
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
207 W. Jefferson St STE 313
Bloomington, IL 61701
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Illinois law gives association members certain rights to inspect association records, although the records available, procedures for requesting them, and permitted restrictions can depend on the type of association and the record involved. If an association refuses a records request, an attorney can review the request, governing documents, and applicable statute to determine what information the owner may be entitled to receive.
Responsibility often depends on whether the damaged area is part of an individual unit, a common element, or a limited common element, as well as what the condominium declaration says. Illinois law recognizes limited common elements such as certain balconies, patios, terraces, and parking areas, but the governing documents should be reviewed before determining who is financially responsible for a particular repair.
Association rules are not necessarily frozen when you purchase your home or condominium. Boards may have authority under Illinois law and the association's governing documents to adopt or amend certain rules. However, the board must act within the authority provided by the applicable statutes and governing documents. If a new rule appears unreasonable, improperly adopted, or inconsistent with the declaration or bylaws, an attorney can review whether it may be challenged.