Matching maintenance responsibilities to the declaration
Learn how to accurately interpret your condominium declaration to determine maintenance obligations for owners and associations in Illinois.
The short answer
Your condominium declaration is the legal blueprint that assigns responsibility for every square inch of the property. It specifies which items are common elements and which are part of your unit. Maintenance duties are fixed to your ownership percentage, and the board has the authority to represent owners in matters affecting common areas.
Reading the Declaration
The declaration is recorded to submit the property to the Illinois Condominium Property Act. It contains the legal description of the parcel and dictates how common elements are allocated. This is the first place you must look to resolve any conflict regarding maintenance duties.
Worksheet: What items in the declaration's 'Maintenance' or 'Repairs' article are specifically assigned to the 'Board' versus the 'Unit Owner'?
Limited Common Elements
Some areas, such as patios or parking spots, are 'limited common elements.' These are reserved for your exclusive use but remain part of the common elements. The declaration often outlines unique maintenance requirements for these, such as who is responsible for snow removal or surface cleaning.
Example: If your patio is a limited common element, the declaration might require you to shovel snow, but require the association to replace the concrete.
Board's Standing and Duty
The board has the legal power to represent owners in matters involving common elements. If the association fails to maintain a common area, the board is generally the entity that must initiate repairs or address the issue. You cannot unilaterally alter or repair these areas without prior board approval.
Worksheet: Do the board’s meeting minutes contain prior decisions that might set a precedent for how a specific common area is currently maintained?
Financial Obligations
Maintenance costs are shared based on your percentage of ownership in common elements. If you perform a maintenance task that was actually the association's responsibility, you may not be entitled to reimbursement unless the board pre-authorized the work.
Worksheet: How does your ownership percentage, applied to the projected costs for building repairs, determine your share of the total budget?
Checklist
- Locate your original declaration document.
- Find the definition of 'Common Elements'.
- Identify 'Limited Common Elements' associated with your unit.
- Compare the maintenance list against your current unit conditions.
- Ask your property manager how to request a declaration interpretation.
Common questions
Can the board change who is responsible for maintenance?
Changes to the declaration require a formal amendment process as outlined in the Illinois Condominium Property Act and the specific procedures defined in your own bylaws.
Does the plat survey affect my maintenance responsibility?
The recorded plat survey shows the unit boundaries. If a conflict exists regarding what is 'yours,' the plat is the primary evidence of your unit’s legal boundaries.
Sources
- CFPB — Closing Disclosure explainerChecked October 12, 2026
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- SQFT IO — Listing plans and termsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.