Reading a condominium declaration before relying on a listing description
Learn why the Illinois Condominium Property Act requires you to look beyond listing descriptions to the recorded declaration for accurate unit ownership…
The short answer
A listing description is marketing material, not a binding legal document. Under Illinois law, the condominium declaration is the authoritative instrument that submits property to the Condominium Property Act. Before relying on a listing for details like unit configuration or percentage ownership, you must verify these facts against the official declaration recorded with the county.
Understanding the Role of the Declaration
The declaration is the foundational document that establishes the condominium regime in Illinois. It defines the legal parameters of the parcel and the units within it. While marketing materials highlight aesthetic features, the declaration confirms the formal existence and legal structure of the association.
Verifying Legal Descriptions and Unit Counts
The declaration must contain the legal description of the parcel and all individual units. If a listing claims a unit includes a specific storage space or auxiliary area, cross-reference that with the declaration's legal description. If a discrepancy exists, contact the association's board or a real estate attorney to clarify the unit's actual footprint.
Confirming Common Element Allocations
Every unit is assigned a percentage of ownership in common elements, which dictates your share of common expenses. Listing descriptions often omit this figure, yet it is mandatory to specify this percentage in the declaration. Ensure the percentage listed in documentation matches what the association records, as this impacts your monthly financial obligation.
Planning Your Document Review
Create a worksheet to compare listing claims against the declaration. Columns should include: Feature, Listing Claim, Declaration Fact, and Discrepancy Note. For example, if the listing describes a 'private rooftop deck,' document whether the declaration lists that area as a common element or a limited common element associated with your unit.
Checklist
- Request the full recorded declaration from the seller or property manager.
- Compare the unit's legal description in the declaration to the listing.
- Identify the specified percentage of common element ownership.
- Check for any amendments to the declaration that alter original terms.
- Clarify any inconsistent descriptions with the association board.
Common questions
Does the listing description override the declaration?
No. The declaration is a recorded legal instrument that takes precedence over marketing materials, brochures, or online listing descriptions regarding the property's legal structure.
What if the seller tells me the declaration is outdated?
Amendments to the declaration must follow specific procedures established in the Illinois Condominium Property Act. You should ask to see any recorded amendments or verify the status with the association management company.
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.