Rules and regulations for HOAs

There are many types and classifications of Homeowners’ Associations (HOAs) that are now under the umbrella and defined within the Illinois Common Interest Community Association Act. Some of these communities are also referred to as the “over 55” communities, multi-generational communities and lake or second home communities. These communities have unique governance issues based upon either their diverse populations or limited age populations. When adopting and enforcing rules and regulations, the following are a few key areas to consider.

First, never adopt a rule or attempt to restrict behavior or the use of the common facilities unless there is the ability to enforce or monitor the activities that are to be prohibited. A failure to enforce one or more rules will lessen the credibility of the Association and the Governing Board.

Secondly, make sure that all your rules and regulations are drafted in such a way as to be reasonable and non-discriminatory towards any class of members. If a rule or regulation is contested, a judge has the right to determine reasonability. This may be difficult when there are diversified types of housing—e.g., townhomes and single family or different generational families living together and using the common areas such as the clubhouse and swimming pool.

Lastly, only adopt rules which create harmony in the community and are clearly worded and not subject to multiple interpretations. It is also recommended that the Board delegates the enforcement of the rules to their professional management team rather than to an individual Board Member assigned to enforce the rules. Many times a Board Member may have a relationship with an offender of the rules and be subject to criticism of having a conflict of interest.

Contact a Condominium and Common Interest Community Association attorney for more information regarding the unique governance issues for “over 55” communities.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Client alert authored by: Steven P. Bloomberg, Principal

This alert originally appeared in the Condominium & Community Association Focus newsletter.