Serving on a condominium or homeowners association board in Illinois comes with significant responsibility. Board members must act as fiduciaries and ensure their decisions comply with both their association’s governing documents and applicable state laws. In the Winter 2025 edition of Common Interest Magazine, Keith R. Jones explains why keeping governing documents up to date is one of the most important steps boards can take to meet that responsibility.
Why Updates Matter
Illinois associations primarily operate under two statutes: the Illinois Condominium Property Act (Condo Act), enacted in 1963, and the Illinois Common Interest Community Association Act (CICAA), created in 2010. Both laws have been amended multiple times over the years.
Many governing documents, however, were drafted by developers decades ago. Even if those documents complied with the law at the time, statutory amendments may have created inconsistencies. This can affect key operational areas such as board elections, open meeting requirements, financial reporting, owner access to records, assessment procedures, and use of technology.
Outdated documents can create confusion, increase legal risk, and complicate board decision-making.
A Practical Path Forward
Fortunately, Illinois law provides a streamlined mechanism to correct inconsistencies. Section 27 of the Condo Act and Section 1-60 of CICAA allow boards, by a two-thirds vote, to amend governing documents without requiring an owner vote when necessary to conform to current law .
Jones recommends that boards review their governing documents annually to determine whether updates are needed. The age of the association and the timing of prior amendments are important factors to consider. Consulting legal counsel each year to identify statutory changes is a prudent way to stay compliant.
Updating governing documents should not be viewed as a one-time project. Instead, it’s an ongoing governance best practice that supports transparency, compliance, and strong fiduciary oversight.
Read the whole article in our Spring 2025 edition of the Common Interest Magazine and find more editions of the Common Interest Magazine by clicking on the link below.
Common Interest – Winter 2025 :: 22
CAI - Illinois Chapter
The Illinois Chapter of Community Associations Institute serves the educational, business, and networking needs of community associations in the Chicagoland Area. Members include condominium, cooperative, and homeowner...
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Randy Levine 
