What Type of Authority Do HOA’s Have?

May 06 2020

Homeowners AssociationA homeowners’ association is a type of private association community. Along with several other tasks, it is the HOA’s job to enforce its own recorded and unrecorded governing documents.  This occasionally involves determining what individual property owners (members) can and cannot do. This raises an important question: How much power does an HOA have?

The Authority Arises from the Governing Documents

The specific legal authority an HOA has depends, in large part, on its bylaws and articles. In general, HOA agreements allow the association to:

  • Collect monthly or special assessments;
  • Put restrictions on property use;
  • Limit renovations and property additions; and
  • Enforce a wide range of other community standards.

In Illinois some HOAs are quite restrictive — the bylaws give the association considerable authority. In other cases, the HOA governing documents are much more permissive — the community association may have relatively limited authority.

State and Local Laws May Limit Authority

It should be noted the governing documents are not the only thing that matters in determining an HOA/condo association’s authority. The Illinois Common Interest Community Association Act and local regulations may also limit or regulate authorities. If you have any specific questions or concerns about HOA authority, an experienced Illinois HOA lawyer can offer help.

Speak to Our Illinois Homeowners’ Association Attorneys Today

At Keough & Moody, P.C., our Chicago HOA lawyers are experienced and solutions-oriented advocates for clients. To set up a confidential case evaluation, please contact us today. With offices in Chicago, Naperville and Tinley Park, we serve communities throughout Northern Illinois.

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