Illinois HOA Laws: CICAA vs. the Condo Property Act (2026)

Illinois is one of the few states that regulates condominiums and non-condo homeowners associations under two entirely separate statutes — a split that trips people up when they search “Illinois HOA laws” and land on condo-specific guidance that doesn’t apply to their townhome or single-family community.

General information, not legal advice. Confirm which statute actually governs your community and consult an Illinois community-association attorney for your specific situation.

Two statutes, two kinds of communities

Condominium Property Act (765 ILCS 605) — governs condominiums. This is a long-established, detailed statute covering unit ownership, common elements, assessments, board governance, and more.
Common Interest Community Association Act — CICAA (765 ILCS 160) — governs non-condominium homeowners associations: attached or detached townhomes, villas, and single-family homes under a common declaration. CICAA is newer and was written specifically to give non-condo HOAs a framework comparable to what condo associations already had.

If you’re not sure which structure applies to your property, see our condo association vs. HOA guide for how ownership type generally determines which rules govern.

CICAA’s size threshold — it doesn’t cover every HOA

Unlike most states’ HOA statutes, CICAA isn’t universal. It applies only to a common interest community association that:

Has at least 11 private residences, and
Collects more than $100,000 annually from its members.

Smaller associations fall outside CICAA’s mandatory coverage. A smaller HOA can still choose to opt in if its declaration allows it, but absent that, a small community’s governance defaults to whatever the declaration and general nonprofit-corporation law provide — the same gap that existed statewide before CICAA passed.

Before CICAA: a regulatory gap

It’s worth understanding why CICAA exists. Before it passed, Illinois non-condominium HOAs had no dedicated statute — they operated under whatever general provisions applied through the state’s General Not For Profit Corporation Act, filled in by case law as disputes worked through the courts. That left boards and owners with far less certainty than condo associations had under the well-developed Condominium Property Act, which is the gap CICAA was written to close for larger associations.

What CICAA covers

For associations it applies to, CICAA addresses:

Board authority and elections — who can serve, how boards are elected, and the scope of board power between member votes.
Meetings — notice requirements and how owner meetings must be conducted.
Budgets and assessments — the process for adopting a budget and levying assessments.
Records access — owners’ rights to inspect association records.
Rule enforcement and fining procedures.
Resale disclosures — what a seller and the association must provide to a buyer.
Community association manager requirements.

For a general look at board duties and enforcement questions that apply regardless of which Illinois statute governs your community, see our guides on HOA board member duties and what an HOA can legally do.

When the statute and your declaration conflict

Both statutes generally take the same approach: where a community’s declaration, bylaws, or rules conflict with a mandatory provision of the applicable act, the statute controls and the conflicting document language is unenforceable. That said, plenty of statutory provisions are defaults that a declaration can customize — whether a specific conflict is mandatory-and-void or a permissible customization is exactly the kind of question worth a same-week call to an Illinois community-association attorney rather than guessing.

For other states

See our guides on California, Texas, Florida, and North Carolina HOA law, or Arizona.

Frequently asked questions

What law governs HOAs in Illinois?

It depends on whether your community is a condominium. Condominiums are governed by the Condominium Property Act (765 ILCS 605), a long-standing and detailed statute. Non-condo homeowners associations — attached or detached townhomes, villas, and single-family homes under a common declaration — are governed by the newer Common Interest Community Association Act, or CICAA (765 ILCS 160), if they meet its size threshold.

Does CICAA apply to every Illinois HOA?

No. CICAA applies only to common interest community associations with at least 11 private residences that collect more than $100,000 annually from their members. Smaller associations fall outside CICAA's mandatory coverage, though a smaller HOA can choose to opt in if its declaration allows it.

What did Illinois HOAs use before CICAA existed?

Before CICAA passed, non-condominium homeowners associations had no dedicated statute of their own. They were governed by whatever general provisions applied under the General Not For Profit Corporation Act, plus whatever case law had developed — a much less predictable framework than what condo associations had under the Condominium Property Act.

What does CICAA actually cover?

CICAA addresses board authority and elections, meeting notice and conduct, budgets and assessments, owner access to records, rule enforcement and fining procedures, resale disclosures, and requirements for community association managers. It's meant to give non-condo HOAs a comprehensive framework roughly comparable to what condo associations already had.

Can my Illinois HOA's declaration override CICAA?

Generally no — where a community's governing documents conflict with a mandatory CICAA provision, the statute controls, and the conflicting document language is unenforceable. The same principle runs the other way for condos and the Condominium Property Act. Check with an Illinois community-association attorney if you think your declaration and the statute are in tension on a specific point.

This guide is general information, not legal or financial advice. Your association's governing documents and your state's statute control — confirm specifics with a licensed professional.