Reviewing board authority using actual governing documents
Learn how to assess condominium board power by reviewing Illinois governing documents, declarations, and your responsibilities as a prospective unit owner.
The short answer
Condominium board authority in Illinois is defined by the association's declaration and the Illinois Condominium Property Act. Owners must verify if the board is acting within its recorded powers, such as budget management and common element maintenance. Reviewing these documents ensures you understand your rights, obligations, and the specific limits placed on the elected board’s decision-making process.
Confirming Board Power in Declarations
The declaration is the instrument that formally submits a property to the Illinois Condominium Property Act. You must review the declaration to see how the board is structured and what specific authorities are granted regarding common elements and association rules.
Illustrative Planning Example: If a board plans a major project, check if your declaration grants them the authority to spend reserves without a unit owner vote or if a specific threshold must be met first.
Budgetary and Financial Oversight
The board must prepare an annual budget for all unit owners. This budget should account for capital expenditures and deferred maintenance, as required by Illinois statute. If the board attempts to waive these reserves, they must secure a two-thirds vote from owners.
Worksheet Step: Compare the board's proposed budget against your copy of the declaration to confirm whether reserve funding meets the minimum requirements established at the property’s inception.
Assessing Maintenance Responsibilities
Board authority often centers on the management of common elements, which are portions of the property outside of individual unit boundaries. The board has the legal standing to represent owners in matters affecting these shared spaces.
Professional Question: Ask the board how they differentiate between structural repairs, which are generally their responsibility, and interior unit maintenance, which is usually the responsibility of the owner.
Checklist
- Request the full declaration from the current board or seller.
- Verify the current board's composition against the association bylaws.
- Check the budget for line items covering mandatory capital reserves.
- Confirm if the board has existing liens or pending litigation records.
- Identify which specific areas are designated as limited common elements.
Common questions
Does the board have the authority to change property use rules?
Amendments to the declaration or bylaws must follow specific procedures established in the Illinois Condominium Property Act. The board cannot unilaterally change these governing documents without following the legal process for amendment approval.
Can I challenge a board decision regarding common element repairs?
The board of managers has standing to represent unit owners in matters involving common elements. If you believe a decision violates the governing documents, you should review the bylaws for dispute resolution procedures and consult with a professional regarding your specific legal standing.
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.