National II.C private-controls exam concept
Private land-use controls: deeds, CC&Rs and bylaws
A building permit can allow a garage while a private covenant still limits where it can go. A board can set pool hours under delegated authority without gaining unlimited power over every lot. In both situations, the useful first question is the same: which document gives someone the right to impose or enforce the restriction?
Last reviewed:
The short answer
A deed restriction limits or obligates the affected property through a deed or related instrument. CC&Rs are covenants, conditions and restrictions, commonly collected in a community declaration. Bylaws primarily organize association governance. Rules administer property use within the authority granted by applicable law and governing instruments. Read the actual documents together: a permit does not erase a valid private restriction, and a board rule cannot simply replace the authority or amendment process it needs.
The June 24, 2026 PSI national outline places private controls at II.C: deed conditions and restrictions, subdivision CC&Rs, and condominium or owners' association regulations and bylaws. The entire Land Use Controls domain receives 5% of the 100 scored national broker questions, or 5 questions. There is no separate quota for this comparison. These are original study questions, not secure PSI material or a validated readiness test.
Find the document, authority and required process
- Identify the property and governing regime. An HOA label alone does not establish whether the Condominium Property Act, CICA or a different arrangement applies.
- Obtain the relevant deed, declaration, amendments, plat, bylaws and current rules. Include any applicable master-association documents and confirm they concern this property.
- Identify the proposed activity and the source of the restriction. Property covenants, association governance and day-to-day rules have different jobs.
- Check actual authority and any required vote, notice, hearing, consent, recording and effective date. A newer document or unanimous board vote does not automatically settle every conflict.
- Check mandatory law and exceptions. Public approvals, civil-rights protections and valid private requirements must each be addressed; the stricter provision wins only when it actually applies and is enforceable.
- Separate the alleged violation from the available remedy. Verify who may enforce, the required process and any actual defenses before assuming a fine, lien or removal order follows.
- For a purchase, review finances and known violations as well as use restrictions before the applicable contract deadline. Obtain appropriate legal, title, survey, insurance and association guidance for the actual issue.
| Document | Usual purpose | What to check |
|---|---|---|
| Deed or incorporated restriction | Burden the affected land | Complete language, property, duration and enforcement rights |
| Declaration or CC&Rs | Set community property obligations and powers | Applicable recorded version and amendments |
| Bylaws | Organize meetings, elections and governance | Statute, authority and procedure |
| Board rules | Administer use within delegated authority | Consistency, adoption and enforcement process |
| Architectural guidelines | Apply authorized design standards | Actual scope, approval record and required exceptions |
The distinctions that matter
| Distinction | How it works | What to notice |
|---|---|---|
| Deed restriction and community declaration | A deed can contain a specific restriction or incorporate a recorded instrument. A declaration commonly supplies a wider community covenant system. Names and document combinations vary. | Read the incorporated documents, not only the latest deed page. |
| Declaration and bylaws | The declaration commonly creates property obligations and association authority. Bylaws primarily govern meetings, voting, directors, officers and procedure. Illinois condominium bylaws may be embodied in the declaration or separately appended and recorded with it. | The document's function matters more than a label alone. |
| Bylaws and board rules | Bylaws organize governance; rules administer details within granted authority. A board's resolution records action, but its title or recent date does not supply missing authority. | Find the power to act before judging whether the rule seems sensible. |
| Private restriction and public regulation | A valid private covenant can limit a use that zoning permits. Association approval also does not replace a required government permit. Each applicable, enforceable requirement must be satisfied. | Public permission and private consent answer different questions. |
| A covenant and a title condition | A covenant is an obligation with applicable enforcement remedies. A true defeasible-estate condition can affect continued ownership, depending on the actual language and law. An ordinary rule violation does not automatically return title to a developer. | Do not infer forfeiture from every covenant or the word condition. |
| A fine and an assessment | A fine addresses a violation; an assessment allocates authorized expenses or another permitted obligation. The identified Illinois association fine provisions require reasonable fines after notice and an opportunity to be heard, subject to the applicable regime. | Neither every violation nor every charge automatically establishes a collectible lien. |
| Amending an instrument and adopting a rule | The declaration, bylaws or operating agreement have their applicable amendment requirements. The identified condominium and CICA provisions require amendments to be set forth and duly recorded, with effect upon recordation unless a different date is stated. Authority and other required approvals still matter. | Recording alone does not cure a missing vote or authorize every change. |
| Statutory document priority and a universal ladder | Illinois condominium Section 4.1(b) states a declaration-priority rule subject to the Act and its stated prior-instrument qualification. Other arrangements require their own law and instruments. | A useful document comparison is not one inflexible ranking for every association. |
| A recorded discriminatory clause and a valid covenant | The identified Illinois law voids specified discriminatory real-property restrictions, including racial occupancy restrictions. Recording does not validate them. Other lawful restrictions do not disappear merely because an instrument contains unlawful language. | Existing voidness and the prescribed record-modification process are distinct. |
| Association inactivity and automatic release | An inactive association does not by itself prove every covenant expired or every individual beneficiary lost enforcement rights. Actual language, duration, authority and defenses matter. | Obtain the documents and legal review instead of inferring unrestricted title from inactivity. |
| An exemption from CICA and a release of covenants | Section 1-75(a) combines the specified Illinois nonprofit organization with either no more than 10 units or no more than $100,000 in annual budgeted assessments, unless the association affirmatively elects coverage by a majority of directors or members. Subsection (b) separately exempts specified communities from particular duties. | Keep the organization condition, either threshold and election together. Exemption does not erase instruments or all other law. |
| Voidness and three record-modification steps | For the prescribed association route, the board acts by majority without an owner-approval vote. Receipt of the written owner request starts the board's 90-day investigation and qualifying filing duty. The State's Attorney has 30 days from receipt from the recorder for the stated review. The board's written notice and copy to owners are due within 21 days after receiving the recorded copy. | Match each period to its actor and trigger; none gives permission to honor an already void restriction. |
Work through the facts
Detached garage prohibited
A recorded declaration states that no detached garage may be constructed on any lot in the subdivision.
- The restriction appears in the community's recorded property document.
- It applies to lots rather than merely describing board meeting procedure.
- A building permit would not by itself remove the private restriction.
Answer: This is a CC&R or declaration use restriction.
Election notice dispute
Owners disagree over whether the annual meeting notice was timely and whether a board candidate was properly nominated.
- The dispute concerns association governance and election procedure.
- Applicable statute, declaration, and bylaws must be read together.
- A rule about exterior paint is not the central document.
Answer: Start with the bylaws and governing statutory meeting provisions.
Pool closing time
The declaration authorizes the board to regulate common amenities, and a properly adopted rule closes the pool at 10 p.m.
- The declaration supplies authority over the common amenity.
- The board rule sets an operational detail.
- The rule remains subject to governing law, procedure, reasonableness, and consistent enforcement.
Answer: This is a board rule operating under higher authority.
Zoning allows short-term rental
A municipality issues a short-term rental license, but the recorded declaration prohibits rentals shorter than six months.
- The license addresses public regulation.
- The declaration independently imposes a private duration restriction.
- The owner must comply with both if the private clause is valid and enforceable.
Answer: Government approval does not erase the CC&R restriction.
Old discriminatory covenant
A 1940 deed contains a recorded restriction against occupancy based on race.
- The language appears in a historical instrument but conflicts with current civil-rights law.
- Illinois expressly treats specified discriminatory real-property restrictions as void.
- Current law provides a recording process to modify documents containing unlawful language.
Answer: The discriminatory restriction is not enforceable merely because it remains in the chain of title.
Unapproved patio enclosure
An owner enclosed a patio without architectural approval, and a resale review reveals a pending violation notice.
- The buyer must review the declaration, guidelines, application history, and enforcement record.
- A completed improvement is not automatic evidence of association approval.
- The contract should allocate cure, approval, cost, and closing consequences.
Answer: Treat the violation as a due-diligence and contract issue, not a cosmetic detail.
Read the leasing article as a whole
In Stobe, the declaration already addressed leasing, and the board later adopted a rental cap. The court considered the declaration, bylaws and Act together.
- The declaration's leasing limits and structure supported the right to lease subject to those limits.
- The new cap conflicted with the declaration's intent; a general rulemaking clause did not supply the missing power.
- The court distinguished other circumstances, including a declaration silent on pet ownership.
Answer: Under that declaration, the change required an amendment. Do not infer that every leasing or pet rule needs the identical procedure.
A reasonable goal does not supply authority
A board says a new restriction will make the community easier to manage. The actual instrument reserves the proposed change to a process the board has not followed.
- Identify the stated authority and reserved process.
- Convenience or a sensible goal does not itself satisfy that requirement.
- A lawful route and any applicable exceptions require the actual instruments and law.
Answer: Check authority and process before treating the board's preferred result as binding.
Either threshold, with the organization condition
Assume a noncondominium, noncooperative common-interest association organized under the specified Illinois nonprofit law has 12 units and $90,000 in annual budgeted assessments. It has not affirmatively elected CICA coverage.
- The example expressly supplies the required organization condition.
- Twelve units exceeds the unit threshold, but $90,000 is within the $100,000 budgeted-assessment threshold.
- Section 1-75(a) uses either threshold; instruments and other applicable law need separate review.
Answer: The stated budget threshold supports the subsection (a) exemption. It does not make the property free of covenants.
Keep the modification clocks separate
The association board receives a qualified owner's prescribed written request concerning an unlawful restrictive covenant. The example asks which statutory actors and triggers apply, rather than supplying a completed filing or deciding eligibility.
- Receipt of the written request triggers the board's 90-day investigation and qualifying execution-and-filing duty.
- The State's Attorney's 30-day review runs from receipt from the recorder.
- The board's 21-day written notice-and-copy duty runs from its receipt of the recorded copy.
Answer: Identify each actor, trigger and condition separately. Existing voidness does not depend on finishing the record process.
Mistakes to avoid
- Choosing the newest document automatically Identify the governing statute, actual authority and valid amendment process.
- Treating every leasing rule alike Read the actual declaration; Stobe's holding depends on its instruments and facts.
- Assuming public approval removes private limits Verify both systems and the validity of each applicable requirement.
- Turning a violation notice into automatic loss of title A charge, lien, injunction, forfeiture and completed title transfer are different legal matters.
- Assuming a discriminatory clause is valid until someone edits it Existing voidness is separate from the prescribed recording process.
- Using a practice percentage as a readiness guarantee Explain the reason and try changed facts; these exercises do not predict an official score.
Check your understanding
These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.
1. Which document most commonly contains the recorded covenants and property-use restrictions for an entire planned community?
- Declaration or CC&Rs
- Listing agreement
- Building permit
- Board meeting agenda
Show answer and explanation
Answer: A. Declaration or CC&Rs
The recorded declaration commonly establishes community-wide covenants, owner obligations, assessment duties, and association authority.
2. Which document primarily states how an association conducts meetings, elections, officer duties, and voting?
- Bylaws
- Plat
- Tax bill
- Survey affidavit
Show answer and explanation
Answer: A. Bylaws
Bylaws primarily govern internal association organization and procedure, subject to statute and the declaration.
3. Zoning permits a six-foot fence, but a valid recorded covenant limits fences to four feet. What is the best conclusion?
- The zoning permit automatically voids the covenant
- The owner must consider both public and private controls
- The HOA must grant a variance from zoning
- The covenant becomes a tax lien
Show answer and explanation
Answer: B. The owner must consider both public and private controls
Public permission does not eliminate an independent private restriction. Compliance with both can be required.
4. A board adopts detailed pool hours under authority granted by the declaration. What kind of document is the pool-hours provision most likely to be?
- Deed of trust
- Zoning map amendment
- Rule or regulation
- Eminent-domain petition
Show answer and explanation
Answer: C. Rule or regulation
Board rules commonly administer day-to-day common-area use under authority granted by statute and governing instruments.
5. A recorded 1930 restriction limits occupancy based on race. Which statement is accurate under current law?
- Only the association president may enforce it
- Recordation makes it enforceable forever
- It becomes zoning after 40 years
- The discriminatory restriction is void
Show answer and explanation
Answer: D. The discriminatory restriction is void
Federal and Illinois fair-housing law override unlawful private discriminatory restrictions. Historical recordation does not validate them.
6. In Stobe, why did the board's rental cap fail?
- A unanimous board vote can never be valid
- Every leasing rule always requires the same amendment
- It conflicted with the intent of the actual declaration read as a whole
- The court abolished every covenant in the community
Show answer and explanation
Answer: C. It conflicted with the intent of the actual declaration read as a whole
The court focused on the declaration's leasing provisions and the board's authority. Its holding is not a universal ban on every board-adopted leasing rule.
7. A board rule is newer than the declaration. What should be checked first?
- Whether the rule uses more detailed wording
- Whether the rule was printed last
- Applicable authority, consistency and required adoption or amendment process
- Whether the board considers the result convenient
Show answer and explanation
Answer: C. Applicable authority, consistency and required adoption or amendment process
A later date or a reasonable goal does not itself authorize a conflicting change.
8. Which statement best handles Illinois condominium document conflicts?
- All HOA types use an identical national document ladder
- The newest instrument always wins
- Apply the Act and actual instruments, including the statutory declaration-priority qualification
- Every board rule always outranks the declaration
Show answer and explanation
Answer: C. Apply the Act and actual instruments, including the statutory declaration-priority qualification
Section 4.1(b) has a specific rule and qualifications. It is not a substitute for reviewing the actual applicable instruments and law.
9. Under the identified applicable Illinois association fine provisions, which procedure matters?
- Only a majority of neighbors must disapprove
- Notice and an opportunity to be heard before a reasonable fine
- Every fine automatically transfers ownership to the association
- A fine is due whenever a complaint is made
Show answer and explanation
Answer: B. Notice and an opportunity to be heard before a reasonable fine
The identified condominium and CICA provisions condition reasonable fines on notice and an opportunity to be heard. Applicable scope and authority still matter.
10. A properly authorized charge funds common-area roof work. Which distinction is most useful?
- It can be an assessment rather than a fine for misconduct
- It necessarily proves an owner violated a rule
- It must be a behavioral fine because money is due
- It automatically becomes a government property tax
Show answer and explanation
Answer: A. It can be an assessment rather than a fine for misconduct
Identify the charge's authority and purpose. Authorized expenses and violation penalties have different functions and procedures.
11. Does recording an amendment alone establish that every adoption requirement was satisfied?
- Yes, any officer can change any right
- No; authority, approvals and other applicable requirements still matter
- Yes, the newest recorded document is always enforceable
- Yes, recording replaces all required votes
Show answer and explanation
Answer: B. No; authority, approvals and other applicable requirements still matter
The identified recording provisions do not cure missing authority or automatically supply a required vote or consent.
12. Is there one owner-vote percentage that decides every declaration, bylaw and rule change?
- Yes, one officer may make every change without review
- No; identify the applicable law, instruments and type of change
- Yes, every board resolution requires unanimity of owners
- Yes, every change requires exactly 75%
Show answer and explanation
Answer: B. No; identify the applicable law, instruments and type of change
Different instruments and statutory routes can have different requirements. A case-specific vote threshold is not a universal exam rule.
13. An association is inactive. What does that fact alone establish?
- Every lot can immediately ignore public permits
- Every recorded restriction has expired
- It does not establish that every covenant or enforcement right disappeared
- No individual can ever enforce a covenant
Show answer and explanation
Answer: C. It does not establish that every covenant or enforcement right disappeared
Review duration, actual beneficiaries, instruments, authority and applicable defenses. Inactivity alone does not establish unrestricted title.
14. Does an unlawful racial occupancy restriction become void only after a record modification is filed?
- Yes, recording validates it until then
- Yes, a board can enforce it until an owner pays a fee
- No; existing voidness and the record-modification process are separate
- Only its age determines whether it is valid
Show answer and explanation
Answer: C. No; existing voidness and the record-modification process are separate
The identified Illinois prohibition addresses the restriction itself. The prescribed record process does not create the original voidness.
15. What does the 2026 recorder-fee provision prohibit for the prescribed unlawful-covenant modification?
- Only fees when an owner wins a lawsuit
- The filing fee and charges for copies necessary for that filing
- All recording charges for every transaction
- All association document-copy charges in every context
Show answer and explanation
Answer: B. The filing fee and charges for copies necessary for that filing
The statutory prohibition is specific to the defined modification process and necessary records. It is not a general ban on every recorder or association fee.
16. An association approves an enclosure. What should still be checked?
- Only whether the association used a written letter
- Whether private consent automatically overrides zoning
- Whether every construction defect is now insured
- Any required government approvals and the actual private approval scope
Show answer and explanation
Answer: D. Any required government approvals and the actual private approval scope
Private approval and government authorization are distinct. Neither proves all other conditions, contract issues or physical risks are resolved.
17. Does an exemption from specified CICA duties automatically erase the recorded declaration?
- Yes, condominium rules disappear too
- Yes, every exempt association has unrestricted land
- Only a meeting vote determines whether public law applies
- No; scope and exemptions must be separated from surviving instruments and other law
Show answer and explanation
Answer: D. No; scope and exemptions must be separated from surviving instruments and other law
The applicable statutory regime and exact exemption matter. A statutory exemption is not a blanket release of covenants.
18. A disability-related request may require an exception to a community rule. What is the sound response?
- Assess the applicable reasonable-accommodation requirements and actual facts
- Deny it automatically because the rule is recorded
- Treat all community rules as repealed
- Approve every request without considering legal conditions
Show answer and explanation
Answer: A. Assess the applicable reasonable-accommodation requirements and actual facts
A private document does not itself displace applicable civil-rights duties. Coverage, disability-related need and the other legal conditions require proper assessment; the example does not determine a private request.
19. A qualifying Illinois nonprofit common-interest association has 12 units and $90,000 in annual budgeted assessments, with no affirmative coverage election. How does Section 1-75(a)'s stated test apply?
- Only actual spending, rather than budgeted assessments, matters
- Every condominium is exempt on those facts
- It can meet the budget threshold despite having more than 10 units
- It fails because both thresholds must be met
Show answer and explanation
Answer: C. It can meet the budget threshold despite having more than 10 units
The organization condition and either unit-count or budgeted-assessment threshold must be kept together. This stipulated example meets the budget threshold; it does not cancel instruments or determine all other law.
20. An otherwise properly adopted amendment is recorded but expressly states a later effective date. Under the identified amendment provisions, which fact matters?
- The board may ignore the instrument's date
- The stated different effective date, subject to applicable requirements
- The date a buyer first reads the document always controls
- Recording always overrides every stated date
Show answer and explanation
Answer: B. The stated different effective date, subject to applicable requirements
The identified provisions use effect upon recordation unless the amendment sets forth a different effective date. Valid adoption and applicable law still matter.
21. In the prescribed unlawful-covenant association process, what starts the board's 21-day owner-notice period?
- The first day an owner considers buying
- The date any person pays an assessment
- The date the original discriminatory deed was signed
- The board's receipt of the recorded modification copy
Show answer and explanation
Answer: D. The board's receipt of the recorded modification copy
The rule requires written notice and a copy to owners or members within 21 days after receiving the recorded copy. The owner-request and State's Attorney review periods have different actors and triggers.
22. As of October 2026, how should Public Act 104-0797's January 1, 2027 effective date be treated?
- As a new requirement already effective for every association in October
- As an enacted future change, without applying its new duties early
- As an automatic repeal of all current owner-record rights
- As proof it is still only an unpassed proposal
Show answer and explanation
Answer: B. As an enacted future change, without applying its new duties early
Enactment and effective date are separate. The current official status supports the future date; it does not justify moving the requirements into October or assuming every current duty disappeared.
Common questions
What is a deed restriction?
It is a private limitation or obligation affecting land through a deed or another relevant instrument. A deed may also incorporate a broader recorded declaration. Determine which property, activity, time period and successors the actual language covers; the latest deed page may not contain every term.
What does CC&Rs mean?
It means covenants, conditions and restrictions. The term commonly describes community property obligations collected in a declaration, including use restrictions, assessments and association powers. Document names and combinations vary, so obtain the actual declaration and amendments.
How do CC&Rs differ from bylaws?
CC&Rs commonly address the property and community obligations. Bylaws primarily organize governance, such as meetings, elections, officers and voting. They can be combined in an instrument; Illinois condominium Section 17 allows bylaws in the declaration or a separate instrument appended and recorded with it.
Can an HOA board make any rule it considers reasonable?
No. First identify the board's authority, the actual governing instruments and mandatory law. Proper adoption and enforcement procedures also matter. A sensible goal does not cure a conflict or supply a power reserved to another process. The reasonableness question does not replace the authority question.
Which document controls when the declaration and a rule disagree?
Read the applicable law and instruments together. Illinois condominium Section 4.1(b) states a declaration-priority rule subject to the Act and its stated prior-instrument qualification. Other association arrangements need their own analysis. Do not select the newest document automatically or use one national hierarchy for every property.
Can a private restriction be stricter than zoning?
A valid, applicable private covenant can prevent a use that zoning allows. A public permit does not erase that covenant, and private permission does not replace a required government approval. The shorthand that the stricter rule wins assumes the rule actually applies and is enforceable; it does not validate an unlawful restriction.
Does every leasing restriction require a declaration amendment?
No universal answer follows from the label leasing rule. In Stobe, the court read the particular declaration, bylaws and Act together and found that the board's cap conflicted with the declaration's intended leasing rights. It distinguished other circumstances. Read the actual authority and amendment requirements rather than treating that result as every association's rule.
Are fines and assessments the same?
No. A fine addresses a violation; an assessment allocates authorized expenses or another permitted obligation. The identified Illinois association provisions require reasonable fines after notice and an opportunity to be heard, within the applicable regime. A violation notice or charge alone does not establish every collection right, lien or court remedy.
Does recording an amendment make it valid?
Recording is one required step under the identified condominium and CICA provisions, but it does not replace valid authority, required approval or other conditions. Those provisions generally make the amendment effective upon recordation unless it states a different effective date. The applicable process and any statutory exceptions still matter.
Can a rule violation automatically make an owner lose the property?
Do not infer that result. A covenant, fine, assessment, lien, injunction, defeasible-estate condition and completed title transfer are different matters. A true title condition needs its actual language and applicable law. An ordinary association violation is not automatic reversion to a developer.
Is an old racial covenant enforceable because it is recorded?
No. Section 3-105 voids the specified real-property restrictions based on race, color, religion or national origin, and prohibits inserting or honoring a provision void under that section. Its stated religious-use exception concerns qualifying property held by a religious institution or related organization and used for religious or charitable purposes; it is not general permission for religious discrimination. Other housing protections can also apply. Existing voidness does not erase unrelated lawful restrictions.
Is there a recorder fee to modify an unlawful restrictive covenant?
Under the prescribed Illinois process, the recorder may not charge a filing fee or charge for copies of records necessary for that filing. That rule took effect January 1, 2026 under Public Act 104-187. Eligibility, required documents and review still apply. It does not make every recording service or every association copy free.
What should a buyer review before buying in an association?
Obtain the applicable declaration, amendments, bylaws, rules, architectural records, financial information and known violation records. Check assessments, reserves, insurance, projects and litigation as relevant, including any master association. Statutory access and resale-disclosure rights differ; a practical checklist does not make every item available on the same terms or extend a contract deadline.
How should I review these exam questions?
Identify the document, source of authority, affected property and required process. Then change one fact and explain whether the result changes. These original questions teach distinctions; they are not secure PSI material, a substitute for approved education or a validated prediction of an official result.
Does CICA apply to every small HOA?
No. First identify the actual regime; the CICA definition excludes condominiums and cooperatives. Section 1-75(a) covers an association organized under the specified Illinois nonprofit law and having either 10 units or fewer or annual budgeted assessments of $100,000 or less, unless it affirmatively elects coverage by a majority of directors or members. Subsection (b) has separate, narrower exemptions. An exemption does not automatically erase covenants or other applicable law.
Can every buyer demand all association records free of charge?
Do not assume that. Owner-record rights under condominium Section 19 differ from the seller's duty to furnish the specified information upon demand in a nondeveloper resale under Section 22.1. CICA has its own access rules and scope. The eligible requester, records, purpose, timing and authorized fees matter. The special no-recorder-fee rule for an unlawful-covenant modification is a different provision.
Who removes unlawful covenant language from association records?
The prescribed association route uses the board, acting by majority without an owner-approval vote. After receiving the specified written owner request, it must investigate within 90 days and execute and file the modification if the covenant qualifies. The recorder refers the documents to the State's Attorney for the stated 30-day review. The board must send written notice and a copy to owners within 21 days after receiving the recorded copy. Follow the required documents and review; this process does not authorize striking unrelated lawful terms or honoring the restriction while waiting.
Are the new 2027 association requirements already October 2026 rules?
Public Act 104-0797 is enacted, with an effective date of January 1, 2027. Treat it as a future change when studying October 2026 rules. Do not call it merely pending, apply its new requirements early or assume that its future date suspends existing document-access duties. Confirm the actual applicable requirements when the relevant date arrives.
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Put land use into practice
Identify the public power or private restriction before choosing the result.
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Official sources and scope
Reviewed October 28, 2026 using the identified statutes, selected earlier primary readings and the published Stobe opinion. Stobe concerns its particular declaration and leasing rule; it does not decide every association's powers. Current law, the actual instruments and the property's circumstances control a real dispute. Original example limits and times are teaching facts, rather than statewide rules.
- PSI June24,2026: private association controls at II.C.3
- CICA: definitions and applicability
- CICA Section 1-75: full and provision-specific exemptions
- CICA Section 1-20: amendment and recording
- Condominium Section 2.1: controlling statutory provisions
- Condominium Section 4.1: declaration and bylaws
- Mahrenholz v. County Board of School Trustees, 93 Ill. App. 3d 366 (1981)
- Standlee v. Bostedt, 2019 IL App (2d) 180325: instruments, enforcement and a promised variance process
- 765 ILCS605/18.4(l),(q): reasonable fines and statutory authority
- 765 ILCS160/1-30(g): reasonable fines after notice and hearing opportunity
- 775 ILCS5/3-105: void discriminatory restrictions and the limited religious-use exception
- HB5449 official status: Public Act104-0797
- 42 USC 3604: covered housing discrimination, accommodations, modifications and design
- 775 ILCS 5/3-102.1, Illinois disability accommodation requirements
- 765 ILCS605/19: member access differs from purchaser resale disclosure
- 765 ILCS605/22.1: current resale package and future amendment
- 765 ILCS 605/17: declaration and bylaw amendments
- 55 ILCS 5/3-5048: unlawful-covenant modification and recorder fees
- Stobe v. 842-848 West Bradley Place Condominium Association, 2016 IL App (1st) 141427
This is exam preparation, not advice for a specific transaction. State law and the applicable facts control. Our editorial and corrections process explains how to report an issue.