Separating developer statements from recorded condominium documents
Distinguish between marketing claims and legal facts by prioritizing recorded Illinois condominium documents over developer statements for your purchase.
The short answer
In Illinois, the legal status of a condominium is established by the declaration and plat recorded with the county, not by developer marketing materials. Buyers must verify all claims against these official documents to ensure they understand their ownership percentage, common element responsibilities, and the financial obligations that attach to a specific unit upon conveyance.
Identifying Official Legal Instruments
A condominium exists only when a declaration and a plat certified by an Illinois Land Surveyor are officially recorded. Marketing brochures and verbal promises from developers do not override these documents. Always request the recorded instruments rather than relying on sales presentations.
Illustrative Planning Example: If a developer promises a rooftop deck is private, check the plat to see if that area is legally designated as a limited common element assigned to your unit.
Verifying Common Element Percentages
The declaration must specify the exact percentage of ownership in common elements allocated to each unit. This percentage determines your share of common expenses. Developers may provide estimates, but the recorded declaration is the final authority on these financial obligations.
Worksheet Step: Locate the 'percentage of ownership' table in the declaration and multiply it by the total anticipated budget to calculate your actual monthly share.
Confirming Developer Responsibilities
Under Illinois law, the developer is responsible for common expenses until the first unit conveyance. Do not accept claims that these expenses have been prepaid or waived unless there is written documentation regarding the developer's assignment of interest.
Professional Question: Ask for evidence of the developer's recorded assignment of interest to ensure you are not inheriting unpaid financial obligations from a previous entity.
Understanding Unit Boundaries
Recorded plats clarify where a unit ends and common elements begin. Generally, boundaries include finished surfaces like paint and flooring, while structural portions are common. Relying on developer descriptions can lead to confusion regarding maintenance liability for walls or plumbing.
Worksheet Step: Compare the visual diagram in the plat against the developer’s floor plan to confirm the exact boundaries of your legal interest.
Checklist
- Obtain a copy of the recorded declaration from the county.
- Ensure the plat is certified by an Illinois Land Surveyor.
- Compare ownership percentages in the declaration to developer flyers.
- Confirm the date of the first unit conveyance for the project.
- Request written documentation of any developer-promised maintenance plans.
Common questions
What if the developer’s brochure lists different unit features than the recorded plat?
The recorded plat and declaration take precedence. If there is a material conflict, you should consult with a professional to verify what is legally included as part of the unit versus what is a common element or mere marketing suggestion.
Are developer verbal guarantees enforceable regarding future building phases?
Verbal guarantees are generally not enforceable. The Illinois Condominium Property Act requires specific formal documentation for the submission of property to the Act. Any claims regarding future development must be supported by the official recorded declaration or an authorized written amendment.
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.