HOA Documents in Illinois: What You Need When You Sell

The short answer

Illinois law lists the HOA documents a buyer can ask to see when you sell a condo or a home in an HOA. They include the declaration, bylaws and rules, your account statement, planned capital spending, reserves, the latest financial statement and the insurance. A condo board must provide them within 10 business days of a written request, and other HOAs within 30 days.

Condo documents: the nine items in Illinois law

Condo documents for a resale are listed in Section 22.1 of the Illinois Condominium Property Act. The seller gets them from the board of managers and makes them available to the buyer on request ^[1]:

1. The declaration, bylaws, other condominium instruments and any rules
2. A statement of any liens, including your unit's account with any unpaid assessments and other charges
3. Any capital expenditures the association expects in the current fiscal year or the next 2
4. The status and amount of the reserve fund, and any part of it set aside for a named project
5. The association's statement of financial condition for the last fiscal year available
6. The status of any pending suits or judgments the association is a party to
7. The insurance the association provides for all unit owners
8. A statement that changes the prior owner made to the unit, or to the common areas assigned to it, are believed in good faith to follow the condominium instruments
9. The name and mailing address of the officer or agent who receives notices

An assessment is the regular or special charge each owner pays the association. A capital expenditure is a large planned project the association pays for. The declaration is the recorded document that set up the condominium ^[1].

HOA documents: the seven items for other associations

HOA documents for townhomes, villas and subdivisions fall under the Illinois Common Interest Community Association Act. The law says a common interest community may include an attached or detached townhome, a villa or a single-family home ^[2]. In a resale, the board makes these available to the buyer on request ^[2]:

1. The declaration, other community instruments and any rules
2. A statement of any liens, including the unit's account with any unpaid assessments and other charges
3. Any capital expenditures the association expects in the current fiscal year or the next 2
4. The status and amount of any reserve or replacement fund, and any other fund set aside for association projects
5. The association's statement of financial condition for the last fiscal year available
6. The status of any pending suits or judgments the association is a party to
7. The insurance the association provides for owners on the common property

That is the condo list without two items: the statement about the prior owner's changes and the notice officer ^[1][2].

Small HOAs: when the list does not apply

Small HOAs can sit outside the Illinois HOA law. An association organized under the state's not-for-profit corporation law is exempt if it has 10 units or fewer, or annual budgeted assessments of $100,000 or less ^[2]. It is covered only if a majority of its directors or members vote to be ^[2].

If yours is exempt, ask the board what it will provide. Then read your declaration for any resale rules of its own.

Deadlines and fees: condo and HOA side by side

Deadlines and fees differ between the two Illinois laws. Both start the clock with a written request, and both charge the fee to the seller ^[1][2].

The condo fee cap moves up or down each year with the federal Consumer Price Index, so ask the board for its current fee ^[1]. It is one of several seller costs, along with the Illinois transfer tax when you sell.

Collection policy: one more item in 2027

Collection policy copies join both Illinois lists on January 1, 2027. Public Act 104-734 adds a copy of the association's collection policy as a tenth condo item and an eighth HOA item ^[1][2]. That policy is the board's written rule for unpaid assessments. It must say when assessments are due and when one counts as late ^[1][2].

If your sale runs into 2027, expect the packet to include it.

Declaration copies: on file with the county

Declaration copies are kept by the county recorder, because Illinois law sets up a condominium by recording a declaration, and an HOA's declaration is a recorded document too ^[1][2].

• Will County. The Will County Recorder offers searches by name, PIN or address. Its site says the documents on it typically run from 1965 to now ^[3].
• Grundy County. The Grundy County Recorder has free public terminals in its office, plus paid online searches ^[4].

The recorded declaration is only one item. Your account statement, the reserves and the insurance come from the board ^[1][2].

HOA example: a townhome in a 40-unit association

HOA timing is easiest to see in an example. Say you own a townhome in Illinois, in a 40-unit association with a $150,000 yearly budget. That is an example, not a real home.

1. The association has more than 10 units and a budget over $100,000, so the Act covers it ^[2].
2. You send the board a written request the day you decide to list.
3. The board has 30 days to provide the seven items ^[2].
4. You read the account statement for unpaid charges and the capital expenditure statement for projects planned in the next 2 fiscal years ^[2].
5. A buyer asks to see the documents, and they are ready.

A condo in the same spot would have a 10 business day deadline and nine items ^[1].

What it means if you sell in Illinois

If you sell a condo or a home in an HOA in Illinois, these documents are part of getting ready, like the disclosure report. Ask the board in writing when you decide to list, read the packet yourself, and have it ready for the first buyer who asks ^[1][2].

Getting ready to list in an association? The two steps below are where to start.

Complimentary Home ValuationSchedule Your Seller Consultation

Does the buyer get to keep the HOA documents in Illinois?