Legal Memorandum: Boards of condominium associations’ duties and powers

Issue: Under Illinois law, what powers and duties are invested in the board of a condominium association?

Section 18.4(h) of the Illinois Condominium Property Act (Act) governs the powers and duties of the Board:

"The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association. The powers and duties of the board of managers shall include, but shall not be limited to, the following:

(h)        To adopt and amend rules and regulations covering the details of the operation and use of the property, after a meeting of the unit owners called for the specific purpose of discussing the proposed rules and regulations. However, no rule or regulation may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution, nor may any rules or regulations conflict with the provisions of this Act or the condominium instruments." (Emphasis added.) [statref]765 ILCS 605/18.4(h) (West 2004)[/statref].

The appellate court’s decision in Apple II Condominium Ass’n v. Worth Bank & Trust Co., 277 Ill.App.3d 345, 346 (1995), concerned the issue of whether a condominium association, rather than its board, could amend its declaration to prohibit unit owners from leasing their units more than once during ownership. Id. at 346-47. The amendment also authorized the board to grant six-month extensions. Id. at 347. When […]