765 ILCS 605/18.4
Powers and duties of board of managers
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(765 ILCS 605/18.4)
(from Ch. 30, par. 318.4)
Sec. 18.4. Powers and duties of board of managers. 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:
(a) To provide for the operation, care, upkeep, | maintenance, replacement and improvement of the common elements. Nothing in this subsection (a) shall be deemed to invalidate any provision in a condominium instrument placing limits on expenditures for the common elements, provided, that such limits shall not be applicable to expenditures for repair, replacement, or restoration of existing portions of the common elements. The term "repair, replacement or restoration" means expenditures to deteriorated or damaged portions of the property related to the existing decorating, facilities, or structural or mechanical components, interior or exterior surfaces, or energy systems and equipment with the functional equivalent of the original portions of such areas. Replacement of the common elements may result in an improvement over the original quality of such elements or facilities; provided that, unless the improvement is mandated by law or is an emergency as defined in item (iv) of subparagraph (8) of paragraph (a) of Section 18, if the improvement results in a proposed expenditure exceeding 5% of the annual budget, the board of managers, upon written petition by unit owners with 20% of the votes of the association delivered to the board within 21 days of the board action to approve the expenditure, shall call a meeting of the unit owners within 30 days of the date of delivery of the petition to consider the expenditure. Unless a majority of the total votes of the unit owners are cast at the meeting to reject the expenditure, it is ratified. |
(b) To prepare, adopt and distribute the annual | budget for the property. |
(c) To levy and expend assessments.
(d) To collect assessments from unit
owners.
(e) To provide for the employment and dismissal of | the personnel necessary or advisable for the maintenance and operation of the common elements. |
(f) To obtain adequate and appropriate kinds of | insurance. |
(g) To own, convey, encumber, lease, and otherwise | deal with units conveyed to or purchased by it. |
(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. Notice of the meeting shall contain the full text of the proposed rules and regulations, and the meeting shall conform to the requirements of Section 18(b) of this Act, except that no quorum is required at the meeting of the unit owners unless the declaration, bylaws or other condominium instrument expressly provides to the contrary. 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 including, but not limited to, the free exercise of religion, nor may any rules or regulations conflict with the provisions of this Act or the condominium instruments. No rule or regulation shall prohibit any reasonable accommodation for religious practices, including the attachment of religiously mandated objects to the front-door area of a condominium unit. |
(i) To keep detailed, accurate records of the | receipts and expenditures affecting the use and operation of the property. |
(j) To have access to each unit from time to time as | may be necessary for the maintenance, repair or replacement of any common elements or for making emergency repairs necessary to prevent damage to the common elements or to other units. |
(k) To pay real property taxes, special assessments, | and any other special taxes or charges of the State of Illinois or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed and levied upon the real property of the condominium. |
(l) To impose charges for late payment of a unit | owner's proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association. |
(m) By a majority vote of the entire board of | managers, to assign the right of the association to future income from common expenses or other sources, and to mortgage or pledge substantially all of the remaining assets of the association. |
(n) To record the dedication of a portion of the | common elements to a public body for use as, or in connection with, a street or utility where authorized by the unit owners under the provisions of Section 14.2. |
(o) To record the granting of an easement for the | laying of cable television or high speed Internet cable where authorized by the unit owners under the provisions of Section 14.3; to obtain, if available and determined by the board to be in the best interests of the association, cable television or bulk high speed Internet service for all of the units of the condominium on a bulk identical service and equal cost per unit basis; and to assess and recover the expense as a common expense and, if so determined by the board, to assess each and every unit on the same equal cost per unit basis. |
(p) To seek relief on behalf of all unit owners when | authorized pursuant to subsection (c) of Section 10 from or in connection with the assessment or levying of real property taxes, special assessments, and any other special taxes or charges of the State of Illinois or of any political subdivision thereof or of any lawful taxing or assessing body. |
(q) To reasonably accommodate the needs of a unit | owner who is a person with a disability as required by the federal Civil Rights Act of 1968, the Human Rights Act and any applicable local ordinances in the exercise of its powers with respect to the use of common elements or approval of modifications in an individual unit. |
(r) To accept service of a notice of claim for | purposes of the Mechanics Lien Act on behalf of each respective member of the Unit Owners' Association with respect to improvements performed pursuant to any contract entered into by the Board of Managers or any contract entered into prior to the recording of the condominium declaration pursuant to this Act, for a property containing more than 8 units, and to distribute the notice to the unit owners within 7 days of the acceptance of the service by the Board of Managers. The service shall be effective as if each individual unit owner had been served individually with notice. |
(s) To adopt and amend rules and regulations (l) | authorizing electronic delivery of notices and other communications required or contemplated by this Act to each unit owner who provides the association with written authorization for electronic delivery and an electronic address to which such communications are to be electronically transmitted; and (2) authorizing each unit owner to designate an electronic address or a U.S. Postal Service address, or both, as the unit owner's address on any list of members or unit owners which an association is required to provide upon request pursuant to any provision of this Act or any condominium instrument. |
In the performance of their duties, the officers and members of the board,
whether appointed by the developer or elected by the unit owners, shall
exercise the care required of a fiduciary of the unit owners.
The collection of assessments from unit owners by an association, board
of managers or their duly authorized agents shall not be considered acts
constituting a collection agency for purposes of the Collection Agency Act.
The provisions of this Section are
applicable to all condominium instruments recorded under this Act. Any
portion of a condominium instrument which contains provisions contrary to
these provisions shall be void as against public policy and ineffective.
Any such instrument that fails to contain the provisions required by this
Section shall be deemed to incorporate such provisions by operation of law.
(Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17; 100-292, eff. 1-1-18.)
Notes of Decisions
Cited in 69
cases (16 in the last 5 years), 1994–2025 · leading case: River Plaza Homeowner's Ass'n v. Healey
River Plaza Homeowner's Ass'n v. Healey (2009)
“4 of the Act, which sets forth the powers and duties of the board (765 ILCS 605/18.4 (West 2006)). “A fundamental principle of statutory construction is to view all provisions of a statutory enactment as a whole.”
D'Attomo v. Baumbeck (2015)
“3d at 533-34 ; see also 765 ILCS 605/18.4 (West 2012) (“In the performance of their duties, the officers and members of the board *** shall exercise the care required of a fiduciary of the unit owners.”
Spanish Court Two Condominium Ass'n v. Carlson (2012)
“4 of the Condominium Property Act (Condominium Act) (765 ILCS 605/18.4 (West 2010)) prescribes duties for boards of managers that are implied in all condominium governance documents in Illinois.”
Boucher v. 111 East Chestnut Condominium Ass'n (2019)
“” 765 ILCS 605/18.4 ( West 2012 ). “Broadly worded constitutional and statutory provisions necessarily have been given concrete meaning and application by a process of case-by-case judicial decision in the common-law tradition.”
Goldberg v. Astor Plaza Condominium Association (2012)
“As a result, we cannot overturn the trial court’s factual findings as against the manifest weight of the evidence.”
Bloch v. Frischholz (2009)
“In the coming months, the City of Chicago would amend its code to proscribe in condos and rental properties restrictions on affixing religious signs or symbols to doorposts.”
Henderson v. Lofts at Lake Arlington Towne Condominium Association (2018)
“3 ¶ 58 As reversal of summary judgment is warranted on this basis, we need not analyze Henderson's alternative arguments for reversal, including his claim that the Lofts independently owed him a duty to maintain the area in question under section 18.”
Boucher v. 111 East Chestnut Condominium Assoc. (2018)
“Boucher contends that he has presented evidence that could support a finding that the board members breached their fiduciary duties when they refused to show him the evidence against him.”
Shoreline Towers Condominium Association v. Gassman (2010)
“” 765 ILCS 605/ 18.4(h) (West 2008). In March 2007, Shoreline filed a complaint against Gassman, titled: “Verified Complaint for Injunctive Relief, Defamation, Civil Conspiracy, Malicious Prosecution, Intentional Infliction of Emotional Distress, and Civil Rights.”
D'Attomo v. Baumbeck (2015)
“3d at 533-34 ; see also 765 ILCS 605/18.4 (West 2012) (“In the performance of their duties, the officers and members of the board *** shall exercise the care required of a fiduciary of the unit owners.”
Stobe v. 842-848 West Bradley Place Condominium Association (2016)
“) 765 ILCS 605/18.4(h) (West 2004). ¶ 15 We find the Board lacked authority to promulgate a rule restricting leasing because the rule conflicts with the declaration's intent.”
Carney v. Donley (1994)
“(See 765 ILCS 605/18.4 (West 1992).) However, we do not agree that the Board’s authority extends to approving the diminishment of the common elements by granting an individual unit owner exclusive use of some part of the common elements.”
— 765 ILCS 605/18.4(1) — 1 case
— 765 ILCS 605/18.4(a) — 10 cases
Henderson v. Lofts at Lake Arlington Towne Condominium Association (2018)
“3 ¶ 58 As reversal of summary judgment is warranted on this basis, we need not analyze Henderson's alternative arguments for reversal, including his claim that the Lofts independently owed him a duty to maintain the area in question under section 18.”
River Plaza Homeowner's Ass'n v. Healey (2009)
“4 of the Act, which sets forth the powers and duties of the board (765 ILCS 605/18.4 (West 2006)). “A fundamental principle of statutory construction is to view all provisions of a statutory enactment as a whole.”
Spanish Court Two Condominium Ass'n v. Carlson (2012)
“4 of the Condominium Property Act (Condominium Act) (765 ILCS 605/18.4 (West 2010)) prescribes duties for boards of managers that are implied in all condominium governance documents in Illinois.”
— 765 ILCS 605/18.4(c) — 3 cases
Spanish Court Two Condominium Ass'n v. Carlson (2012)
“4 of the Condominium Property Act (Condominium Act) (765 ILCS 605/18.4 (West 2010)) prescribes duties for boards of managers that are implied in all condominium governance documents in Illinois.”
— 765 ILCS 605/18.4(d) — 5 cases
Spanish Court Two Condominium Ass'n v. Carlson (2012)
“4 of the Condominium Property Act (Condominium Act) (765 ILCS 605/18.4 (West 2010)) prescribes duties for boards of managers that are implied in all condominium governance documents in Illinois.”
— 765 ILCS 605/18.4(f) — 2 cases
— 765 ILCS 605/18.4(h) — 16 cases
Bloch v. Frischholz (2009)
“In the coming months, the City of Chicago would amend its code to proscribe in condos and rental properties restrictions on affixing religious signs or symbols to doorposts.”
Shoreline Towers Condominium Association v. Gassman (2010)
“” 765 ILCS 605/ 18.4(h) (West 2008). In March 2007, Shoreline filed a complaint against Gassman, titled: “Verified Complaint for Injunctive Relief, Defamation, Civil Conspiracy, Malicious Prosecution, Intentional Infliction of Emotional Distress, and Civil Rights.”
Stobe v. 842-848 West Bradley Place Condominium Association (2016)
“) 765 ILCS 605/18.4(h) (West 2004). ¶ 15 We find the Board lacked authority to promulgate a rule restricting leasing because the rule conflicts with the declaration's intent.”
Bloch v. Frischholz (2008)
— 765 ILCS 605/18.4(i) — 1 case
— 765 ILCS 605/18.4(j) — 3 cases
Boucher v. 111 East Chestnut Condominium Assoc. (2018)
“Boucher contends that he has presented evidence that could support a finding that the board members breached their fiduciary duties when they refused to show him the evidence against him.”
Barbarotta v. Goldman (2023)
— 765 ILCS 605/18.4(l) — 5 cases
Boucher v. 111 East Chestnut Condominium Ass'n (2019)
“” 765 ILCS 605/18.4 ( West 2012 ). “Broadly worded constitutional and statutory provisions necessarily have been given concrete meaning and application by a process of case-by-case judicial decision in the common-law tradition.”
— 765 ILCS 605/18.4(r) — 1 case
Spanish Court Two Condominium Ass'n v. Carlson (2012)
“4 of the Condominium Property Act (Condominium Act) (765 ILCS 605/18.4 (West 2010)) prescribes duties for boards of managers that are implied in all condominium governance documents in Illinois.”
— 765 ILCS 605/18.4(s) — 1 case
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