By purchasing property in a Chicago condo association, unit owners agree to abide by the association’s rules and regulations. If they don’t, they may face consequences. Here are some things to know about violations and enforcement as set forth by the Illinois Department of Financial and Professional Regulation.
What Do Your Governing Documents Say?
Your association’s Declaration, Bylaws and Rules and Regulations will stipulate the association’s stance on violations, and it will include provisions for how those violations will be enforced. While each association’s declaration can vary, all associations in Illinois must abide by the Illinois Condominium Property Act (ICPA).
ICPA allows associations to file a court complaint against an owner if they violate association rules and regulations. The Act also allows associations to impose a fine. When levying a fine, the board must give notice (also known as “procedural due process”) and include the following information:
● The substance of the violation;
● The right to be heard before the board if the owner contests the violation;
● The opportunity to cross-examine the witness who brought the violation to the attention of the board or the person who saw the violation occur; and
● The right to be represented by an attorney at the hearing.
After hearing testimony, the board is allowed to levy and collect a reasonable fine from the owner for violating either the declaration, by-laws, or the rules and regulations of the association.
How are Fines for Violations Collected?
If an owner is levied a fine for violating the rules and regulations of the association, the board would collect the fine payment in the same way they receive all assessments and fees. To learn more about how delinquent assessments are enforced and the implications of not paying them, read more here.
Many Chicago condo associations find it helpful to work with an association management company who issues late notices to delinquent owners and collaborates with the association’s attorney on collection cases. Our team at First Community Management can step in to help. Contact us today to learn more about all the ways we partner with Chicago condo associations and their boards.