What Are Condominium Governing Documents?

Jun 25 2020

HOA and Condominium Lawyers A condo’s governing documents control much of the relationship between the association and the individual members. In referring to condo documents, one may be referring to one of four different sets of legal documents.  Here, our Chicago condo lawyers highlight four key types of documents, which govern condos in Illinois.

Condo Governing Documents: Explained

The Illinois Condominium Property Act provides certain rights to individual unit owners. Beyond the law, the relationship between the condo owners and the association is largely controlled by the governing documents. Here are the four primary categories of condo documents.

  1. CC&Rs: The Declaration of Covenants, Conditions and Restrictions (CC&Rs) is the most important condominium governing document.  Among other things, it establishes the authority of the association to collect assessments, defines basic boundaries and describe the basic relationship between the association and condo owners. It is recorded in the recorder’s office in the county where the property is located.
  2. Bylaws: The bylaws contain the operating procedures of the association. For example, the bylaws will explain how to call a meeting, how many people need to vote, how records must be kept and much more.
  3. Articles of Incorporation: A condo association is incorporated by filing Articles of Incorporation. Most often this document is a formality, but occasionally it contains additional provisions of which to be aware.
  4. Rules: Condo associations generally have a document outlining the day-to-day rules within the community. The rules explain what unit owners can and cannot do and often contains consequences for failure to abide by them.

Speak to an Illinois Condo Attorneys Today

At Keough & Moody, P.C., our Chicago condominium lawyers are skilled advocates for clients. If you have questions about governing documents, we can help. Contact us now for a completely confidential case evaluation.

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