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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Common Interest Community Association Act)
Illinois homeowner and townhome associations are generally governed by the Common Interest Community Association Act (765 ILCS 160/). The Act itself does not fix a single percentage to amend the declaration; instead, your recorded declaration and bylaws control (765 ILCS 160/1-20). Because many Illinois associations are organized as not-for-profit corporations, a default of roughly two-thirds of the votes cast at a properly noticed meeting is common in practice. Smaller associations (generally ten or fewer units, or a modest annual budget) may be partly exempt unless they opt in, so the documents and the Act together drive the number.
Condominiums (Condominium Property Act)
Illinois condominiums are governed by the Illinois Condominium Property Act (765 ILCS 605/). To amend the declaration or bylaws, the Act generally calls for the affirmative vote of two-thirds of those voting, or the percentage your condominium instruments specify, but the instruments may not require more than three-fourths of all unit owners (765 ILCS 605/27). A passed amendment generally must be recorded with the county recorder before it takes effect.
How the vote can run
Illinois generally allows associations to collect owner approval by written, association-issued ballots or by "acceptable technological means" such as secure online voting and email (765 ILCS 605/18.8; 765 ILCS 160/). For board elections in particular, a condominium board usually must adopt a rule authorizing ballots or electronic voting at least 120 days ahead, with ballots or voting instructions generally sent 10 to 30 days before the meeting (765 ILCS 605/18(b)(9)). Owner meetings typically require written notice 10 to 30 days in advance stating the time, place, and purpose.
Before we quote
Illinois details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Illinois vote has to answer.
The recorded declaration and bylaws control the exact approval percentage and can sit anywhere within the statutory range, so we ask you to confirm what your own documents say.
For condominiums, the Act's default is two-thirds of those voting, while the instruments may set a different figure but not more than three-fourths of all unit owners (765 ILCS 605/27).
For non-condominium associations, the Common Interest Community Association Act does not fix a percentage, so the recorded declaration governs (765 ILCS 160/1-20); because these associations are usually not-for-profit corporations, a roughly two-thirds default is common in practice.
Amendments generally are not effective until executed and recorded with the county recorder of deeds, usually taking effect on recording unless the amendment states a later date.
Owner approval may generally be gathered by association-issued written ballots, by mail, or by acceptable technological means such as secure online voting (765 ILCS 605/18.8; 765 ILCS 160/).
Meeting notice generally must reach owners 10 to 30 days in advance and state the time, place, and purpose, and election ballots or instructions also generally go out 10 to 30 days ahead (765 ILCS 605/18).
A few condominium actions, such as merger, disposing of substantially all association property, or buying or selling land or units for all owners, generally need two-thirds approval regardless of what the instruments say (765 ILCS 605/18(b)(13)).
Lender (mortgagee) consent is generally required only when the instruments call for it; when it is, notice usually goes by certified mail and silence for 60 days is typically treated as consent (765 ILCS 605/27).
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