ILCS » Chapter 765 · Act 605
Illinois Compiled Statutes

765 ILCS 605/2 (2026)

Definitions

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(765 ILCS 605/2) (from Ch. 30, par. 302)
    Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:
    (a) "Declaration" means the instrument by which the property is submitted to the provisions of this Act, as hereinafter provided, and such declaration as from time to time amended.
    (b) "Parcel" means the lot or lots, tract or tracts of land, described in the declaration, submitted to the provisions of this Act.
    (c) "Property" means all the land, property and space comprising the parcel, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use, benefit or enjoyment of the unit owners, submitted to the provisions of this Act.
    (d) "Unit" means a part of the property designed and intended for any type of independent use.
    (e) "Common Elements" means all portions of the property except the units, including limited common elements unless otherwise specified.
    (f) "Person" means a natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property.
    (g) "Unit Owner" means the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a unit, or, in the case of a leasehold condominium, the lessee or lessees of a unit whose leasehold ownership of the unit expires simultaneously with the lease described in item (x) of this Section.
    (h) "Majority" or "majority of the unit owners" means the owners of more than 50% in the aggregate in interest of the undivided ownership of the common elements. Any specified percentage of the unit owners means such percentage in the aggregate in interest of such undivided ownership. "Majority" or "majority of the members of the board of managers" means more than 50% of the total number of persons constituting such board pursuant to the bylaws. Any specified percentage of the members of the board of managers means that percentage of the total number of persons constituting such board pursuant to the bylaws.
    (i) "Plat" means a plat or plats of survey of the parcel and of all units in the property submitted to the provisions of this Act, which may consist of a three-dimensional horizontal and vertical delineation of all such units.
    (j) "Record" means to record in the office of the recorder or, whenever required, to file in the office of the Registrar of Titles of the county wherein the property is located.
    (k) "Conversion Condominium" means a property which contains structures, excepting those newly constructed and intended for condominium ownership, which are, or have previously been, wholly or partially occupied before recording of condominium instruments by persons other than those who have contracted for the purchase of condominiums.
    (l) "Condominium Instruments" means all documents and authorized amendments thereto recorded pursuant to the provisions of the Act, including the declaration, bylaws and plat.
    (m) "Common Expenses" means the proposed or actual expenses affecting the property, including reserves, if any, lawfully assessed by the Board of Managers of the Unit Owner's Association.
    (n) "Reserves" means those sums paid by unit owners which are separately maintained by the board of managers for purposes specified by the board of managers or the condominium instruments.
    (o) "Unit Owners' Association" or "Association" means the association of all the unit owners, acting pursuant to bylaws through its duly elected board of managers.
    (p) "Purchaser" means any person or persons other than the Developer who purchase a unit in a bona fide transaction for value.
    (q) "Developer" means any person who submits property legally or equitably owned in fee simple by the developer, or leased to the developer under a lease described in item (x) of this Section, to the provisions of this Act, or any person who offers units legally or equitably owned in fee simple by the developer, or leased to the developer under a lease described in item (x) of this Section, for sale in the ordinary course of such person's business, including any successor or successors to such developers' entire interest in the property other than the purchaser of an individual unit.
    (r) "Add-on Condominium" means a property to which additional property may be added in accordance with condominium instruments and this Act.
    (s) "Limited Common Elements" means a portion of the common elements so designated in the declaration as being reserved for the use of a certain unit or units to the exclusion of other units, including but not limited to balconies, terraces, patios and parking spaces or facilities.
    (t) "Building" means all structures, attached or unattached, containing one or more units.
    (u) "Master Association" means an organization described in Section 18.5 whether or not it is also an association described in Section 18.3.
    (v) "Developer Control" means such control at a time prior to the election of the Board of Managers provided for in Section 18.2(b) of this Act.
    (w) "Meeting of Board of Managers or Board of Master Association" means any gathering of a quorum of the members of the Board of Managers or Board of the Master Association held for the purpose of conducting board business.
    (x) "Leasehold Condominium" means a property submitted to the provisions of this Act which is subject to a lease, the expiration or termination of which would terminate the condominium and the lessor of which is (i) exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, (ii) a limited liability company whose sole member is exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, or (iii) a Public Housing Authority created pursuant to the Housing Authorities Act that is located in a municipality having a population in excess of 1,000,000 inhabitants.
    (y) "Electronic transmission" means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in paper form by the recipient through an automated process.
    (z) "Acceptable technological means" includes, without limitation, electronic transmission over the Internet or other network, whether by direct connection, intranet, telecopier, electronic mail, and any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability.
(Source: P.A. 98-1042, eff. 1-1-15; 99-612, eff. 1-1-17.)

    
Notes of Decisions
Cited in 40 cases (7 in the last 5 years), 1995–2024 · leading case: Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014).
Sort: Relevance Newest Treatment
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). · cites it 5× “Condominium ownership is unique in that a unit owner holds fee simple title to a unit (765 ILCS 605/2(g) (West 2008)), as well as an interest with his or her fellow unit owners in the common elements (765 ILCS 605/4(e) (West 2008)).”
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). · cites it 3× “Section 18(a)(9) of the Act requires that an association's bylaws provide, in relevant part: "[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the…”
River Plaza Homeowner's Ass'n v. Healey, 904 N.E.2d 1102 (Ill. App. Ct. 2009). “765 ILCS 605/2(Z) (West 2006). First, the two-thirds rule is not inconsistent with section 9.”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). · cites it 4× “” 765 ILCS 605/2(m) (West 2008). -6- when a landlord successfully litigates its forcible action, the landlord-tenant relationship ceases and, except for any money judgment for past due rent, the tenant’s rental obligation terminates.”
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). · cites it 2× “” 765 ILCS 605/2(w) (West 2004). Section 18(a)(9) of the Act requires that an association’s bylaws provide, in relevant part: - 13 - “[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an…”
Lake Point Tower Garage Ass'n v. Prop. Tax Appeal Bd., 804 N.E.2d 717 (Ill. App. Ct. 2004). · cites it 2× “” 765 ILCS 605/2(d) (West 1996): “ ‘Common Elements’ means all portions of the property except the units, including limited common elements unless otherwise specified.”
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). · cites it 3× “2d 407 (citing 765 ILCS 605/2(a) (defining the declaration as the “instrument by which the property is submitted to the provisions of [the] Act”)).”
Boucher v. 111 East Chestnut Condo. Ass'n, 2018 IL App (1st) 162233 (Ill. App. Ct. 2019). · cites it 2× “” 765 ILCS 605/2(w) ( West 2012 ). A quorum of board members attended the October 4 hearing, and, because they invoke the business judgment rule to defend the acts taken at and as a consequence of that hearing, the defendants implicitly admit that in the hearing they conducted…”
Hofmeyer v. Willow Shores Condo. Ass'n, 722 N.E.2d 311 (Ill. App. Ct. 1999). · cites it 2× “” 765 ILCS 605/2(s) (West 1998). The Act further provides that the condominium instruments may provide “for the assessment, in connection with expenditures for the limited common elements, of only those units to which the limited common elements are assigned.”
The Henderson Square Condo. Ass'n v. Lab Townhouses, 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). “3d 481, 484 (1995) (citing 765 ILCS 605/2(m) (West 1992) (" 'Common Expenses' means the proposed or actual expenses affecting the property, including reserves, if any, lawfully assessed by the Board of Managers of the Unit Owner's Association")).”
Wing Street of Arlington Heights Condo. Asssociation v. Kiss the Chef Holdings, LLC, 2016 IL App (1st) 142563 (Ill. App. Ct. 2016). “765 ILCS 605/2(m) (West 2012). Under section 9(g)(1), the lien for unpaid assessments is "prior to all other liens and encumbrances, recorded or unrecorded," with exceptions not relevant here.”
Maercker Point Villas Condo. Ass'n v. Szymski, 655 N.E.2d 1192 (Ill. App. Ct. 1995). “” 765 ILCS 605/2(m) (West 1992). The historical and practice notes (Notes) to section 9 indicate that "[t]he legislative history of the Act shows that this language [(the second sentence of subsection 9(a))] either codified or clarified preexisting law, rather than creating a…”
Show all 40 citing cases →
— 765 ILCS 605/2(Z) — 1 case
River Plaza Homeowner's Ass'n v. Healey, 904 N.E.2d 1102 (Ill. App. Ct. 2009). “765 ILCS 605/2(Z) (West 2006). First, the two-thirds rule is not inconsistent with section 9.”
— 765 ILCS 605/2(a) — 6 cases
Bd. of Directors of 175 East Delaware Place Homeowners Ass'n v. Hinojosa, 679 N.E.2d 407 (Ill. App. Ct. 1997).
All. Prop. Mgmt., Ltd. v. Forest Villa of Countryside Condo. Ass'n, 2015 IL App (1st) 150169 (Ill. App. Ct. 2016).
All. Prop. Mgmt., Ltd. v. Forest Villa of Countryside Condo. Ass'n, 2015 IL App (1st) 150169 (Ill. App. Ct. 2015).
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). “2d 407 (citing 765 ILCS 605/2(a) (defining the declaration as the “instrument by which the property is submitted to the provisions of [the] Act”)).”
Seth v. Aqua at Lakeshore East, 2012 IL App (1st) 120438 (Ill. App. Ct. 2012).
— 765 ILCS 605/2(c) — 1 case
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). “2d 407 (citing 765 ILCS 605/2(a) (defining the declaration as the “instrument by which the property is submitted to the provisions of [the] Act”)).”
— 765 ILCS 605/2(d) — 4 cases
Lake Point Tower Garage Ass'n v. Prop. Tax Appeal Bd., 804 N.E.2d 717 (Ill. App. Ct. 2004). “” 765 ILCS 605/2(d) (West 1996): “ ‘Common Elements’ means all portions of the property except the units, including limited common elements unless otherwise specified.”
2424 Chicago Condo. Ass'n v. Revite Corp., 2021 IL App (1st) 200906-U (Ill. App. Ct. 2021).
Holtgren v. 260 Jamie Lane Condo. Assoc., 2022 IL App (2d) 210440-U (Ill. App. Ct. 2022).
Sagewood Partners, LLC Series B v. South Bay Partners, LLC, 2021 IL App (1st) 200432-U (Ill. App. Ct. 2021).
— 765 ILCS 605/2(e) — 8 cases
Henderson v. Lofts at Lake Arlington Towne Condo. Ass'n, 2018 IL App (1st) 162744 (Ill. App. Ct. 2018).
Lake Point Tower Garage Ass'n v. Prop. Tax Appeal Bd., 804 N.E.2d 717 (Ill. App. Ct. 2004). “” 765 ILCS 605/2(d) (West 1996): “ ‘Common Elements’ means all portions of the property except the units, including limited common elements unless otherwise specified.”
Henderson v. Lofts at Lake Arlington Towne Condo. Ass'n, 2018 IL App (1st) 162744 (Ill. App. Ct. 2018).
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). “2d 407 (citing 765 ILCS 605/2(a) (defining the declaration as the “instrument by which the property is submitted to the provisions of [the] Act”)).”
2424 Chicago Condo. Ass'n v. Revite Corp., 2021 IL App (1st) 200906-U (Ill. App. Ct. 2021).
— 765 ILCS 605/2(g) — 2 cases
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “Condominium ownership is unique in that a unit owner holds fee simple title to a unit (765 ILCS 605/2(g) (West 2008)), as well as an interest with his or her fellow unit owners in the common elements (765 ILCS 605/4(e) (West 2008)).”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014).
— 765 ILCS 605/2(m) — 10 cases
The Henderson Square Condo. Ass'n v. Lab Townhouses, 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). “3d 481, 484 (1995) (citing 765 ILCS 605/2(m) (West 1992) (" 'Common Expenses' means the proposed or actual expenses affecting the property, including reserves, if any, lawfully assessed by the Board of Managers of the Unit Owner's Association")).”
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “Condominium ownership is unique in that a unit owner holds fee simple title to a unit (765 ILCS 605/2(g) (West 2008)), as well as an interest with his or her fellow unit owners in the common elements (765 ILCS 605/4(e) (West 2008)).”
Wing Street of Arlington Heights Condo. Asssociation v. Kiss the Chef Holdings, LLC, 2016 IL App (1st) 142563 (Ill. App. Ct. 2016). “765 ILCS 605/2(m) (West 2012). Under section 9(g)(1), the lien for unpaid assessments is "prior to all other liens and encumbrances, recorded or unrecorded," with exceptions not relevant here.”
Maercker Point Villas Condo. Ass'n v. Szymski, 655 N.E.2d 1192 (Ill. App. Ct. 1995). “” 765 ILCS 605/2(m) (West 1992). The historical and practice notes (Notes) to section 9 indicate that "[t]he legislative history of the Act shows that this language [(the second sentence of subsection 9(a))] either codified or clarified preexisting law, rather than creating a…”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “” 765 ILCS 605/2(m) (West 2008). -6- when a landlord successfully litigates its forcible action, the landlord-tenant relationship ceases and, except for any money judgment for past due rent, the tenant’s rental obligation terminates.”
— 765 ILCS 605/2(n) — 1 case
Truck Ins. Exch. v. Ulman, 2023 IL App (1st) 220804 (Ill. App. Ct. 2023).
— 765 ILCS 605/2(o) — 4 cases
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “Condominium ownership is unique in that a unit owner holds fee simple title to a unit (765 ILCS 605/2(g) (West 2008)), as well as an interest with his or her fellow unit owners in the common elements (765 ILCS 605/4(e) (West 2008)).”
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “” 765 ILCS 605/2(m) (West 2008). -6- when a landlord successfully litigates its forcible action, the landlord-tenant relationship ceases and, except for any money judgment for past due rent, the tenant’s rental obligation terminates.”
Hickory Heights Condo. Unit No.1 v. Okoye, 2023 IL App (1st) 221023-U (Ill. App. Ct. 2023).
Spanish Court Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014).
— 765 ILCS 605/2(q) — 2 cases
Bd. of Managers of Medinah on Lake Homeowners Ass'n v. Bank of Ravenswood, 692 N.E.2d 402 (Ill. App. Ct. 1998).
Bd. of Managers v. Bank of Ravenswood (Ill. App. Ct. 1998).
— 765 ILCS 605/2(s) — 8 cases
Hofmeyer v. Willow Shores Condo. Ass'n, 722 N.E.2d 311 (Ill. App. Ct. 1999). “” 765 ILCS 605/2(s) (West 1998). The Act further provides that the condominium instruments may provide “for the assessment, in connection with expenditures for the limited common elements, of only those units to which the limited common elements are assigned.”
Lake Hinsdale Vill. Condo. Ass'n v. Dep't of Pub. Aid, 698 N.E.2d 214 (Ill. App. Ct. 1998).
Ridenour v. Carl Sandburg Vill. No. 7 Condo. Ass'n, 931 N.E.2d 692 (Ill. App. Ct. 2010).
2424 Chicago Condo. Ass'n v. Revite Corp., 2021 IL App (1st) 200906-U (Ill. App. Ct. 2021).
Sagewood Partners, LLC Series B v. South Bay Partners, LLC, 2021 IL App (1st) 200432-U (Ill. App. Ct. 2021).
— 765 ILCS 605/2(t) — 1 case
Spiegel v. 1618 Sheridan Road Condo. Ass'n, Inc., 2022 IL App (1st) 201142-U (Ill. App. Ct. 2022).
— 765 ILCS 605/2(w) — 5 cases
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). “Section 18(a)(9) of the Act requires that an association's bylaws provide, in relevant part: "[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the…”
Boucher v. 111 East Chestnut Condo. Ass'n, 2018 IL App (1st) 162233 (Ill. App. Ct. 2019). “” 765 ILCS 605/2(w) ( West 2012 ). A quorum of board members attended the October 4 hearing, and, because they invoke the business judgment rule to defend the acts taken at and as a consequence of that hearing, the defendants implicitly admit that in the hearing they conducted…”
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). “” 765 ILCS 605/2(w) (West 2004). Section 18(a)(9) of the Act requires that an association’s bylaws provide, in relevant part: - 13 - “[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an…”
Boucher v. 111 East Chestnut Condo. Assoc., 2018 IL App (1st) 162233 (Ill. App. Ct. 2018).
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014).
— 765 ILCS 605/2(x) — 3 cases
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). “Section 18(a)(9) of the Act requires that an association's bylaws provide, in relevant part: "[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the…”
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014). “” 765 ILCS 605/2(w) (West 2004). Section 18(a)(9) of the Act requires that an association’s bylaws provide, in relevant part: - 13 - “[M]eetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an…”
Palm v. 2800 Lake Shore Drive Condo. Ass'n, 2014 IL App (1st) 111290 (Ill. App. Ct. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.