Illinois • Special assessment notice
Special assessment on your Illinois condo — and did you have a right to vote on it?
Illinois actually gives condo owners a vote on big assessments — but only above a threshold, and not for 'emergencies.' Whether your assessment was valid often comes down to which bucket the board put it in.
The short answer
In Illinois, a non-emergency capital special assessment over 5% of the budget requires a 2/3 owner vote (765 ILCS 605/18); emergencies don't. HOAs face a 115% budget rule with an owner-petition referendum. CondoSignal checks whether your assessment cleared the right threshold. Free.Illinois at a glance
Capital assessment > 5%
2/3 owner vote
Non-emergency only (765 ILCS 605/18).
Emergency assessment
Board alone
No vote required.
HOA budget check
115% / 20% petition
Triggers a referendum (765 ILCS 160/1-45).
Resale fee cap
≈ $375
Section 22.1 certificate.
The 5% rule and the 2/3 vote
Under the Condominium Property Act (765 ILCS 605/18), the board can levy emergency assessments on its own, but a non-emergency capital improvement that exceeds 5% of the annual budget requires approval by a 2/3 vote of owners. If your assessment was large, non-emergency, and never put to a vote, that's a problem worth raising.
HOAs: the 115% rule
For HOAs under the Common Interest Community Association Act, a budget that raises total assessments more than 15% over the prior year can be challenged: a petition by 20% of owners forces a referendum (765 ILCS 160/1-45). It's a real check on runaway increases — but only if owners use it within the window.
Reserves and disclosure
Post-1990 condos must budget 'reasonable reserves,' though owners can waive them by a 2/3 vote (which must be prominently disclosed). The Section 22.1 resale certificate discloses a capital-expenditure schedule for the current and next two years — the place a forming assessment usually shows up.
Your rights in Illinois
Illinois condo owners have the right to vote on a non-emergency capital assessment exceeding 5% of the budget (2/3 approval), and HOA owners can petition for a referendum on a budget raising assessments over 15%. The Section 22.1 certificate discloses planned capital expenditures. None of this is legal advice — confirm against the current 765 ILCS and Illinois counsel.
What to check
- Determine whether the assessment exceeds 5% of the annual budget.
- Confirm whether it was labeled 'emergency' — and whether that's accurate.
- If non-emergency and over 5%, look for the 2/3 owner vote.
- For an HOA, check the 115% budget rule and petition window.
- Pull the Section 22.1 capital-expenditure schedule.
- Confirm whether reserves were waived by a 2/3 vote.
Sources
- Illinois Condominium Property Act — 765 ILCS 605 (incl. § 18, § 22.1)(High)
- Common Interest Community Association Act — 765 ILCS 160(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Illinois-licensed professional.
Related guide
Illinois special assessments — the full guide →This page answers what to do right now. For how special assessments works in Illinois — the law, the process, and what to check before you buy or sell — read the full state guide.
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“The board approved a $15,000-per-unit special assessment for façade repairs, payable over 12 months.”
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