2026 IL App (1^st) 250080

The Illinois Appellate Court affirmed dismissal of claims brought by condominium owners challenging the assessment structure of the homeowner’s association, alleging the assessments were unlawful, unconscionable, and constituted a breach of fiduciary duty. The plaintiffs also argued that the HOA’s mixed condominium/single-family home structure violated Illinois law after enactment of the Common Interest Community Association Act (CICAA). The court rejected all claims and upheld the HOA’s governance and assessment practices. The decision reinforced judicial deference to recorded declarations and established assessment formulas, while clarifying that mixed-use community associations can remain intact under Illinois’ statutory framework.

Takeaways:

• The court held that assessments for maintaining common areas “run with the land” because they support the use, value, and enjoyment of the property. The fact that condo owners believed they received less practical benefit from certain landscaped areas did not invalidate the assessment structure.
• Condo owners argued they paid a disproportionate share of maintenance costs compared to the benefits received. The court found the declaration clearly required equal assessments among all units and that all owners had equal rights to use the common areas. A potentially better or more common allocation method (e.g., by square footage) did not make the existing arrangement unconscionable.
• Potential buyers of property that are part of a homeowner’s association should review fees and assessment structures prior to purchasing the same.