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Illinois Compiled Statutes

765 ILCS 605/4 (2026)

Declaration - Contents

✓ current as of May 2026
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(765 ILCS 605/4) (from Ch. 30, par. 304)
    Sec. 4. Declaration - Contents.) The declaration shall set forth the following particulars:
    (a) The legal description of the parcel.
    (b) The legal description of each unit, which may consist of the identifying number or symbol of such unit as shown on the plat.
    (c) The name of the condominium, which name shall include the word "Condominium" or be followed by the words "a Condominium".
    (d) The name of the city and county or counties in which the condominium is located.
    (e) The percentage of ownership interest in the common elements allocated to each unit. Such percentages shall be computed by taking as a basis the value of each unit in relation to the value of the property as a whole, and having once been determined and set forth as herein provided, such percentages shall remain constant unless otherwise provided in this Act or thereafter changed by agreement of all unit owners.
    (f) If applicable, all matters required by this Act in connection with an add-on condominium.
    (g) A description of both the common and limited common elements, if any, indicating the manner of their assignment to a unit or units.
    (h) If applicable, all matters required by this Act in connection with a conversion condominium.
    (h-5) If the condominium is a leasehold condominium, then:
        (1) The date of recording and recording document
    
number for the lease creating a leasehold interest as described in item (x) of Section 2;
        (2) The date on which the lease is scheduled to
    
expire;
        (3) The legal description of the property subject to
    
the lease;
        (4) Any right of the unit owners to redeem the
    
reversion and the manner whereby those rights may be exercised, or a statement that the unit owners do not have such rights;
        (5) Any right of the unit owners to remove any
    
improvements within a reasonable time after the expiration or termination of the lease, or a statement that the unit owners do not have such rights;
        (6) Any rights of the unit owners to renew the lease
    
and the conditions of any renewal, or a statement that the unit owners do not have such rights; and
        (7) A requirement that any sale of the property
    
pursuant to Section 15 of this Act, or any removal of the property pursuant to Section 16 of this Act, must be approved by the lessor under the lease.
    (i) Such other lawful provisions not inconsistent with the provisions of this Act as the owner or owners may deem desirable in order to promote and preserve the cooperative aspect of ownership of the property and to facilitate the proper administration thereof.
(Source: P.A. 89-89, eff. 6-30-95.)

    
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1997–2022 · leading case: Huskey v. Bd. of Managers of Condos. of Edelweiss, Inc., 696 N.E.2d 753 (Ill. App. Ct. 1998).
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Huskey v. Bd. of Managers of Condos. of Edelweiss, Inc., 696 N.E.2d 753 (Ill. App. Ct. 1998). · cites it 9× “Plaintiffs brought suit alleging that the Board had no authority under the Illinois Condominium Property Act (Act) (765 ILCS 605/4 (West 1994)) to alter the percentage of common element ownership without the agreement of all unit owners.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, LLC, 2017 IL App (1st) 151846 (Ill. App. Ct. 2017). · cites it 2× “” 765 ILCS 605/4(c) (West 2000). - 19 - restrictions.”
Picerno v. 1400 Museum Park Condo. Ass'n, 2011 IL App (1st) 103505 (Ill. App. Ct. 2011). · cites it 6× “765 ILCS 605/4(e), 31 (West 1998). The Picernos respond that section 4(e) is a general statute regarding ownership in the common elements, but section 31 specifically addresses unit combinations and their permissible impact on the use of common elements, and that the court…”
Boucher v. 111 East Chestnut Condo. Ass'n, 2018 IL App (1st) 162233 (Ill. App. Ct. 2019). “” 765 ILCS 605/4(i) ( West 2012 ). If courts interpret the exculpatory clause in the declaration so broadly that it excuses decisions to withhold material information from unit owners, the clause conflicts with the Act’s provision that board members owe fiduciary duties to unit…”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, LLC, 2017 IL App (1st) 151846 (Ill. App. Ct. 2017). · cites it 2× “” 765 ILCS 605/4(c) (West 2000). 35 No. 1-15-1846 ¶ 72 C.”
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)). See also 1 Gary A.”
Spanish Court 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)). See also 1 Gary A.”
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). “Defendant Wabash LLC created the Condominium by preparing, among other things, a condominium declaration (the “Condominium Declaration”), pursuant to the Illinois Condo Act, 765 ILCS 605/4(g); and a condominium property report (the “Property Report”), pursuant to the Chicago…”
Picerno v. 1400 Museum Park Condo., 959 N.E.2d 1268 (Ill. App. Ct. 2011). · cites it 7× “On appeal, the condominium association contends the court misconstrued sections 4(e) and 31 of the Illinois Condominium Property Act (765 ILCS 605/4(e), 31 (West 1998)) (Act) and the pertinent language of the condominium declaration.”
Boucher v. 111 East Chestnut Condo. Assoc., 2018 IL App (1st) 162233 (Ill. App. Ct. 2018). “defendants also rely on the condominium declaration, which provides: "The Individual Directors, Board, [and] officers of the Association * * * shall not be liable to the Unit Owners for any mistake in judgment or for any other acts or omissions of any nature whatsoever as such…”
Huskey v. Bd. of Managers of Edelweiss, Inc. (Ill. App. Ct. 1998). · cites it 4× “Plaintiffs brought suit alleging that the Board had no authority under the Illinois Condominium Property Act (Act) (765 ILCS 605/4 (West 1994)) to alter the percentage of common element ownership without the agreement of all unit owners.”
Holtgren v. 260 Jamie Lane Condo. Assoc., 2022 IL App (2d) 210440-U (Ill. App. Ct. 2022). “In fact, section 4(e) of the Act provides that the percentage of ownership interest in the common elements allocated to each unit in the declaration “shall remain constant unless otherwise provided in this Act or thereafter changed by agreement of all unit owners.”
Show all 14 citing cases →
— 765 ILCS 605/4(c) — 2 cases
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, LLC, 2017 IL App (1st) 151846 (Ill. App. Ct. 2017). “” 765 ILCS 605/4(c) (West 2000). - 19 - restrictions.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, LLC, 2017 IL App (1st) 151846 (Ill. App. Ct. 2017). “” 765 ILCS 605/4(c) (West 2000). 35 No. 1-15-1846 ¶ 72 C.”
— 765 ILCS 605/4(e) — 10 cases
Huskey v. Bd. of Managers of Condos. of Edelweiss, Inc., 696 N.E.2d 753 (Ill. App. Ct. 1998). “Plaintiffs brought suit alleging that the Board had no authority under the Illinois Condominium Property Act (Act) (765 ILCS 605/4 (West 1994)) to alter the percentage of common element ownership without the agreement of all unit owners.”
Picerno v. 1400 Museum Park Condo. Ass'n, 2011 IL App (1st) 103505 (Ill. App. Ct. 2011). “765 ILCS 605/4(e), 31 (West 1998). The Picernos respond that section 4(e) is a general statute regarding ownership in the common elements, but section 31 specifically addresses unit combinations and their permissible impact on the use of common elements, and that the court…”
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)). See also 1 Gary A.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, LLC, 2017 IL App (1st) 151846 (Ill. App. Ct. 2017). “” 765 ILCS 605/4(c) (West 2000). - 19 - restrictions.”
Spanish Court 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)). See also 1 Gary A.”
— 765 ILCS 605/4(g) — 1 case
Goldberg v. 401 North Wabash Venture LLC, 904 F. Supp. 2d 820 (N.D. Ill. 2012). “Defendant Wabash LLC created the Condominium by preparing, among other things, a condominium declaration (the “Condominium Declaration”), pursuant to the Illinois Condo Act, 765 ILCS 605/4(g); and a condominium property report (the “Property Report”), pursuant to the Chicago…”
— 765 ILCS 605/4(i) — 3 cases
Boucher v. 111 East Chestnut Condo. Ass'n, 2018 IL App (1st) 162233 (Ill. App. Ct. 2019). “” 765 ILCS 605/4(i) ( West 2012 ). If courts interpret the exculpatory clause in the declaration so broadly that it excuses decisions to withhold material information from unit owners, the clause conflicts with the Act’s provision that board members owe fiduciary duties to unit…”
Boucher v. 111 East Chestnut Condo. Assoc., 2018 IL App (1st) 162233 (Ill. App. Ct. 2018). “defendants also rely on the condominium declaration, which provides: "The Individual Directors, Board, [and] officers of the Association * * * shall not be liable to the Unit Owners for any mistake in judgment or for any other acts or omissions of any nature whatsoever as such…”
Bd. of Directors of 175 E. Delaware v. Hinojosa (Ill. App. Ct. 1997).
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