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Illinois real estate exam glossary

CC&Rs: covenants, conditions and restrictions

A buyer plans to rent out a home after closing. The listing says “great investment,” but the recorded declaration restricts leasing. That conflict is a reason to read the governing documents before relying on the sales description. CC&Rs can affect both what a property permits and what owning it costs.

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The short answer

CC&Rs means covenants, conditions and restrictions. These are private property controls commonly set out in a recorded declaration or deed restrictions. Valid provisions can bind later owners under the applicable property and notice rules. They differ from government zoning and building codes, and from an association’s bylaws and board rules. Recorded language remains subject to controlling law; neither a board vote nor a buyer’s acceptance makes an unlawful restriction enforceable.

Reviewed October 27, 2026. Private land-use controls appear in national II.C; condominium and owner-association regulations or bylaws are at II.C.3 in the PSI Illinois broker outline. The entire Land Use Controls domain has 5 of 100 scored national questions across several subjects, not five on CC&Rs alone. These questions are original teaching exercises, not recalled PSI items or a validated readiness score.

Read the land obligations and the association’s authority together

  1. Identify the ownership structure. A condominium, a non-condominium common-interest community, a cooperative, a master association and a voluntary neighborhood group do not share one legal regime. A townhouse’s appearance does not decide which statute applies. The Illinois CICA definition excludes condominiums, cooperatives and master associations; coverage and exemptions still need checking. Section 1-75(a) specifies an association organized under the named Illinois nonprofit Act and either no more than 10 units or no more than $100,000 in annual budgeted assessments, with the stated election into coverage. Those are alternative numeric tests, not a rule that every association with 11 homes is covered. Separate partial exemptions also exist.
  2. Find the operative documents. Read the declaration or deed restriction, affected legal description, plat, bylaws, rules, authorized amendments and relevant title exceptions. A restriction’s duration, amendment history, notice and intended beneficiaries can matter. Do not assume every recorded sentence binds every parcel forever or gives every person a right to enforce it.
  3. Map ownership, use and maintenance separately. Condominium owners generally hold their units with attached undivided interests in common elements; an association may own common property in another arrangement. Limited common elements remain common elements allocated for the defined limited use. A balcony’s appearance, exclusive use or location alone does not decide its title, repair responsibility or expense allocation.
  4. Trace each power to its source. The declaration concerns core property rights, obligations and powers. Bylaws organize governance; board rules implement authorized standards. Under condominium Section 4.1(b), declaration priority is subject to the Act and the stated pre-1984-instrument qualification. Do not treat “the declaration wins” as permission to override law, or assume a newer rule can rewrite it.
  5. Compare the buyer’s plans with both private and public limits. Investigate leasing, occupants, pets, parking, business use and proposed alterations. A private restriction can be tighter than zoning when lawful and enforceable. A government permit does not necessarily satisfy private approval, and association consent does not replace required public permits. Do not turn “the stricter rule” into a way to enforce a restriction that law prohibits.
  6. Read the money behind the monthly charge. Review the unit account, regular and special assessments, budget, reserves, planned capital work, insurance, deductibles, litigation and authorized collection exposure. Low reserves beside major work can signal a funding risk; they do not establish that a particular assessment has been approved or is inevitable. Association assessments differ from government taxes and municipal special assessments.
  7. Distinguish enforcement tools. A fine penalizes a violation; an assessment allocates expenses. A repair charge, collection lien and injunction are different again. For covered CICA communities, reasonable fines require notice and an opportunity to be heard under Section 1-30(g). Condominium Section 18.4(l) has its own fine authority. Read the actual law and documents before assuming any charge, entry, suspension or court remedy is authorized.
  8. Use the actual amendment route. Identify the required votes, authorized execution, recordation and effective date, with any statutory special procedure. For CICA Section 1-20, an amendment takes effect on recordation unless a different effective date is set forth. Do not invent one universal owner-vote percentage, or say a board can never use a specific statutory correction procedure. A valid rule implementing existing authority differs from changing that authority.
  9. Check leasing and developer provisions in context. A valid restriction may affect leases and lessees; the CICA use-related incorporation rule is not a general prohibition on renting. Do not presume every existing owner is grandfathered or every new rental rule is valid. Examine reserved development rights, amendment provisions, turnover, duration and the actual current holder rather than assuming an old developer power continues forever.
  10. Order the right resale information. For a condominium resale covered by Section 22.1, the designated officer responds to a written request within 10 business days. The covered non-developer CICA resale provision in Section 1-35(d) uses 30 days after receipt of a written request. Lists, responsible parties and fees differ. Neither period is an automatic buyer cancellation window, and an owner-records request is a separate process.
  11. Apply statutory limits before enforcing a restriction. Unlawful discriminatory covenants cannot be honored merely because they are old or recorded. Apply reasonable-accommodation requirements to covered housing rules. Solar protections also depend on the Homeowners’ Energy Policy Statement Act’s scope and exclusions; the words “condominium” or “HOA” alone do not decide whether a particular roof is covered. The solar Act excludes buildings greater than 60 feet high and the specified association buildings with shared roofs. For a covered building, Section 20 limits a configuration change to no more than a 10% reduction in estimated annual electrical production, along with its other protections. These limits are not a guarantee that every proposed installation qualifies.
  12. Separate current law from enacted future changes. HB 5449 became Public Act 104-0797 on August 7, 2026, effective January 1, 2027. Public Act 104-0734 also has a January 1, 2027 effective date. Do not describe those measures as still pending or apply their later duties to October 2026. Read the version then in force; an online compiled section can display both versions.
Find the document that answers the question
QuestionStart hereThen check
What land rights or burdens apply?Declaration, deed restriction, plat and amendmentsAffected parcel, duration, notice, law and enforceability
How is the association governed?Bylaws and applicable statuteMeetings, votes and authorized decisions
Can the board enforce this daily rule?Rule and the authority behind itConsistency, reasonableness, fair housing and process
What will this buyer pay?Account, budget, reserves and planned workAllocation, adopted assessments, insurance and collection issues
Which resale deadline applies?Community type and correct statuteCondominium: 10 business days; covered CICA: 30 days, under their written-request triggers
Does the rule apply in October 2026?Current effective statutory versionKeep January 2027 changes separate

The distinctions that matter

CC&Rs: key distinctions
DistinctionHow it worksWhat to notice
CC&Rs vs. zoningCC&Rs are private controls. Zoning is a government land-use control.Private authority versus public authority.
Declaration vs. bylawsThe declaration establishes core property rights and obligations; bylaws organize governance within the applicable authority.Read both, along with law and amendments.
Bylaws vs. board rulesGovernance provisions differ from detailed rules implementing authorized powers.A rule cannot create unlimited power.
Common element vs. limited common elementA limited common element remains common property allocated for the defined use of fewer than all units.Exclusive use does not automatically mean separate ownership.
Ownership vs. repair costTitle, use, maintenance and expense allocation are related but distinct document questions.Do not assign roof or balcony cost by appearance.
Assessment vs. fineAn assessment allocates expenses; a fine sanctions a violation through the required process.Funding and punishment have different authority.
Association charge vs. public special assessmentAn association’s authorized community charge differs from a government local-improvement charge.Identify who imposes it and why.
Private approval vs. public permitEach serves a different authority; one does not automatically satisfy the other.Check both before work begins.
Amendment vs. implementing ruleAn amendment changes the instrument; a rule operates within granted authority.Follow the actual route and statutory exceptions.
Resale package vs. title commitmentResale information reports specified association matters; title work addresses the recorded interests and proposed coverage.Neither replaces the other.
Existing violation vs. proposed permissionNo known notice about an existing condition does not establish permission for future work.Get the actual approval decision.
Enacted vs. effectiveAn approved Act may have a later effective date.October 2026 is earlier than January 1, 2027.

Work through the facts

A board rule exceeds the declaration

An otherwise applicable, lawful declaration expressly permits household pets and grants the board only reasonable registration authority. Assume no other law, instrument provision, valid amendment or relevant exception supplies a broader ban. The board bans every pet.

  1. The declaration grants registration authority while expressly permitting the underlying use.
  2. A subordinate rule cannot simply contradict the declaration.
  3. The association would need a lawful amendment route or other valid authority for a broader restriction.

Answer: On the supplied authority, the blanket ban exceeds the board’s registration power. A real animal-accommodation request is a separate legal question, not resolved by this pet-rule example.

Condominium declaration prevails over a conflicting bylaw

A condominium declaration assigns two votes to the stipulated combined unit, while a bylaw says every owner has one. Assume the declaration allocation complies with the Act, the pre-1984 statutory qualification does not change this exercise, and no valid amendment changes the allocation.

  1. The instruments directly conflict on the voting allocation.
  2. Section 4.1(b) generally gives the declaration priority over conflicting bylaws, subject to the Act and its stated qualification.
  3. The bylaw cannot amend the recorded declaration by contradiction alone.

Answer: Apply the stipulated lawful declaration allocation. The bylaw cannot change it by contradiction alone; this does not validate a private vote allocation without the stated assumptions.

A condo buyer gets the wrong resale package

A broker treats a covered non-developer condominium resale as a CICA resale and assumes a 30-day response. The broker needs the condominium statutory information for a closing planned in two weeks.

  1. A condominium is governed by the Condominium Property Act, not the non-condominium resale subsection.
  2. Section 22.1 identifies condominium items and a 10-business-day response period for the designated officer.
  3. Using the wrong statute can miss material documents and jeopardize the transaction schedule.

Answer: Use the condominium Section 22.1 written-request process and its 10-business-day response period. The exercise does not calculate a private due date or guarantee all title, contract-review or closing tasks will finish in two weeks.

A small-community exemption does not erase CC&Rs

A nine-home association is organized under the specified Illinois nonprofit law, meets the CICA Section 1-75(a) exemption and has not elected into the Act. An owner claims this erased the recorded declaration.

  1. The exemption concerns statutory coverage under the Common Interest Community Association Act.
  2. It does not by itself release recorded covenants or eliminate contract, property, corporate, fair-housing, or other law.
  3. The declaration must still be analyzed on its own terms and under other governing law.

Answer: The stated statutory exemption does not itself release the CC&Rs. Other property, contract, corporate, fair-housing and applicable law remain relevant.

A solar application can be regulated but not prohibited

Assume the building and proposed system are covered by the Homeowners’ Energy Policy Statement Act: the building is no more than 60 feet high, has no excluded shared roof, and the other statutory conditions are met. The association says aesthetics let it ban panels on every roof face.

  1. Section 20 limits covered prohibitions and configuration controls.
  2. It does not let the association prohibit elements on every roof face or require a particular solar technology.
  3. State and local permitting requirements remain; the statutory application process is separate.

Answer: The supplied blanket ban conflicts with the covered statutory protection. This is not a declaration that every condominium roof qualifies or that an owner can skip the application and permit requirements.

A funding concern is not an adopted charge

A roof project is anticipated, reserves appear low, and the seller says no special assessment has been approved. The buyer assumes that means there is no possible future cost.

  1. Ask for the project, reserve, budget and actual assessment decisions.
  2. A lack of an adopted assessment does not erase a funding concern.
  3. Low reserves alone do not prove a particular future charge or amount.

Answer: Investigate the funding plan and review rights. Do not promise either zero additional cost or an inevitable specified assessment.

The permit is only one approval

A city issues a fence permit. The declaration independently requires lawful architectural approval, which the owner has not obtained. Assume no waiver or overriding law supplies permission.

  1. The permit addresses public requirements.
  2. The private approval requirement remains a separate question.
  3. The example does not find an actual private clause valid without its stated assumptions.

Answer: Do not treat the permit as automatic association approval.

A future law is already enacted

On October 27, 2026, an old article calls HB 5449 pending. The official status lists Public Act 104-0797, approved August 7, 2026, effective January 1, 2027.

  1. Enactment and effective date are different events.
  2. The old pending claim is wrong.
  3. The later effective date does not make the new duties operative in October.

Answer: Describe it as enacted and future-effective; apply the law in force for the relevant date.

The production limit has a measurable boundary

Assume the building and system are covered and the original estimated annual electrical production is 10,000 kWh. A proposed association configuration would reduce it to 8,900 kWh. No other fact changes the comparison.

  1. The reduction is 1,100 kWh.
  2. 1,100 ÷ 10,000 × 100 = 11%.
  3. Eleven percent is more than the Section 20 maximum reduction of 10%.

Answer: The proposed configuration exceeds the stated production-reduction limit. A design within that limit would still need to meet the other applicable protections and requirements; this is not a private engineering or approval decision.

A special statutory correction is not an ordinary amendment

Assume an association covenant qualifies for the unlawful-restriction modification process under 55 ILCS 5/3-5048. The board proposes using that statutory process rather than changing a lawful leasing provision.

  1. The statute supplies a specific route for removing qualifying unlawful language.
  2. It is different from an ordinary amendment of otherwise lawful community rules.
  3. The current provision bars the specified filing fee and fees for copies necessary to complete that process.

Answer: Use the authorized correction process and its safeguards. Do not claim every declaration change needs the same owner vote, that filing proves eligibility, or that removing one restriction erases every other lawful covenant.

Mistakes to avoid

  • “Every private restriction creates an HOA.” Read the actual instrument and community structure.
  • “Recorded means forever enforceable.” Coverage, notice, duration, beneficiaries, amendments and controlling law matter.
  • “The newest rule wins.” Trace lawful authority and apply the proper hierarchy.
  • “A low monthly fee proves low total cost.” Review reserves, projects, insurance and authorized additional charges.
  • “A limited common element belongs separately to its user.” Limited use is not automatically separate title.
  • “Any board majority can change any declaration.” Use the authorized amendment or special statutory correction route.
  • “Every fine is valid because the declaration mentions fines.” Check authority, reasonableness and the required procedure.
  • “A small-community exemption removes the covenants.” It changes statutory coverage, not automatically the recorded obligations.
  • “Every rental restriction grandfathers every existing owner.” Check the actual law, instruments, dates and facts.
  • “Solar law protects every shared roof.” Apply the Act’s actual coverage and exclusions.
  • “An old discriminatory clause becomes lawful when owners vote for it.” No vote authorizes prohibited discrimination.
  • “Enacted means effective immediately.” Check the actual effective date and current version.

Check your understanding

These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.

1. What does CC&Rs stand for?

  1. Closing charges and receipts
  2. Commission credits and rebates
  3. County codes and regulations
  4. Covenants, conditions and restrictions
Show answer and explanation

Answer: D. Covenants, conditions and restrictions

The term identifies private property controls, commonly in a declaration or deed restriction.

2. Which is a public land-use control?

  1. A private declaration alone
  2. A zoning ordinance
  3. A lawful private pet rule alone
  4. A private architectural covenant alone
Show answer and explanation

Answer: B. A zoning ordinance

Government enacts zoning. A CC&R is a private control, subject to governing law.

3. Under the stated Section 4.1(b) qualifications, which generally prevails over a conflicting condominium bylaw?

  1. The neighbor’s preference
  2. A listing description
  3. Any newer informal rule
  4. A declaration consistent with the Act
Show answer and explanation

Answer: D. A declaration consistent with the Act

The declaration has qualified statutory priority. The Act and the pre-1984 qualification must still be considered.

4. Which citation supplies the covered CICA reasonable-fine notice and hearing-opportunity rule?

  1. Section 1-20(g) as stated in the old draft
  2. Only a broker’s policy
  3. 765 ILCS 160/1-30(g)
  4. A zoning variance
Show answer and explanation

Answer: C. 765 ILCS 160/1-30(g)

The correct CICA fine provision is Section 1-30(g). Condominium fine authority is separately addressed in Section 18.4(l).

5. What is the Section 22.1 condominium officer’s response period under the stated written-request process?

  1. 10 business days
  2. 90 days
  3. One year
  4. 30 days for every community
Show answer and explanation

Answer: A. 10 business days

Apply the condominium provision and actual written request. This is not a buyer cancellation period or a computed private closing deadline.

6. What is the covered non-developer CICA resale information response period?

  1. 10 business days in every case
  2. 30 days after receipt of a written request
  3. A universal three-day cancellation window
  4. Only after the deed records
Show answer and explanation

Answer: B. 30 days after receipt of a written request

Section 1-35(d) differs from condominium Section 22.1. Classification and the written-request trigger matter.

7. An association qualifies for the Section 1-75(a) exemption and has not elected in. What follows about recorded CC&Rs?

  1. The exemption does not by itself release them
  2. They automatically disappear
  3. Every owner owes no charges under any law
  4. They become zoning
Show answer and explanation

Answer: A. The exemption does not by itself release them

The exemption affects CICA coverage. Actual property, contract, corporate and other law still matter.

8. What does limited common element ordinarily describe?

  1. An item necessarily owned separately by its user
  2. A government road in every case
  3. A private mortgage
  4. Common property allocated for the defined use of fewer than all units
Show answer and explanation

Answer: D. Common property allocated for the defined use of fewer than all units

The instruments and applicable law determine the allocation. Exclusive use does not by itself establish separate ownership or repair cost.

9. A city issues a permit for work that also requires lawful private approval. What follows?

  1. The private approval remains a separate requirement on the stated facts
  2. Every CC&R is canceled
  3. Every future alteration is approved
  4. The city automatically approved the association application
Show answer and explanation

Answer: A. The private approval remains a separate requirement on the stated facts

Public and private approval address different authority. The scenario excludes waiver or an overriding permission.

10. Low reserves and anticipated major work establish which conclusion alone?

  1. Automatic association insolvency
  2. Guaranteed zero future cost
  3. A guaranteed specified assessment
  4. A funding risk to investigate, not a proven adopted charge
Show answer and explanation

Answer: D. A funding risk to investigate, not a proven adopted charge

Review actual budgets, projects, decisions and funding plans. The supplied facts do not establish an amount or inevitable assessment.

11. A rule contradicts an expressly lawful declaration and no broader authority or valid amendment applies. What is the issue?

  1. The rule exceeds the supplied authority
  2. The declaration is automatically erased
  3. The rule always wins because newer
  4. The broker can rewrite the documents
Show answer and explanation

Answer: A. The rule exceeds the supplied authority

The example expressly supplies the relevant limits. A real dispute still needs the actual instruments and governing law.

12. What should a buyer review along with the recorded restrictions?

  1. Only the amenities brochure
  2. Only visible pets
  3. The financial and resale information, title matters and intended use
  4. Only the monthly assessment
Show answer and explanation

Answer: C. The financial and resale information, title matters and intended use

Legal, physical and financial obligations work together. A title commitment and a resale package answer different questions.

13. For a system and building expressly covered by the solar Act, can aesthetics justify banning panels on every roof face?

  1. No; the covered statutory limits still apply
  2. No permits or applications can ever be required
  3. Yes, every time
  4. Only if one neighbor objects
Show answer and explanation

Answer: A. No; the covered statutory limits still apply

Section 20 limits covered prohibitions and configuration authority. Coverage and the separate application and permit rules remain relevant.

14. Does the solar Act automatically cover an association building with an excluded shared roof?

  1. Yes, every condominium qualifies
  2. No; apply Section 45 and the actual roof facts
  3. Yes, if described as a townhouse alone
  4. The listing agent decides coverage
Show answer and explanation

Answer: B. No; apply Section 45 and the actual roof facts

The current Act excludes the specified shared-roof buildings and buildings greater than 60 feet. Appearance or marketing labels do not settle coverage.

15. Which statement correctly describes HB 5449 in October 2026?

  1. Enacted as Public Act 104-0797, effective January 1, 2027
  2. Still awaiting approval in every case
  3. Effective since its introduction
  4. A repeal of all CC&Rs
Show answer and explanation

Answer: A. Enacted as Public Act 104-0797, effective January 1, 2027

The official history records August 7, 2026 approval. Do not apply future duties early or repeat the old pending claim.

16. A recorded covenant unlawfully excludes purchasers by race. What should a broker assume?

  1. Recordation makes it enforceable
  2. A board vote can cure the discrimination
  3. A buyer’s signature authorizes enforcement
  4. Its recorded status does not authorize prohibited discrimination
Show answer and explanation

Answer: D. Its recorded status does not authorize prohibited discrimination

Controlling fair-housing and Illinois law govern. Do not honor a void discriminatory restriction.

17. Does every buyer need to sign a new personal copy before a valid land-running covenant can affect the parcel?

  1. Yes, in every case
  2. Recording always proves every requirement forever
  3. No; applicable property and notice rules can bind successors
  4. Only the broker’s signature matters
Show answer and explanation

Answer: C. No; applicable property and notice rules can bind successors

Read the instrument, affected property, notice, duration and enforceability rather than using a new signature as the sole test.

18. A condominium unit includes an attached undivided common-element interest. Which distinction matters?

  1. Every repair cost follows physical access alone
  2. The owner owns no common property under any circumstances
  3. Common ownership, exclusive use, maintenance and expense allocation are different questions
  4. Every balcony is separate land
Show answer and explanation

Answer: C. Common ownership, exclusive use, maintenance and expense allocation are different questions

The actual estate and instruments matter. Do not apply a generic HOA ownership description to every condominium.

19. What should determine whether an existing owner is protected from a new rental restriction?

  1. A universal automatic grandfather rule
  2. Actual law, instruments, amendment terms, dates and facts
  3. A listing slogan
  4. Only whether the owner has a mortgage
Show answer and explanation

Answer: B. Actual law, instruments, amendment terms, dates and facts

Neither automatic grandfathering nor universal validity follows from the label rental rule.

20. Does a reasonable-fine power authorize any amount or process?

  1. Yes, if the board is annoyed
  2. Yes, because an assessment exists
  3. No; the actual authority, reasonableness and required procedure remain
  4. Yes, if the owner bought recently
Show answer and explanation

Answer: C. No; the actual authority, reasonableness and required procedure remain

Notice and an opportunity to be heard are required under the cited covered CICA and condominium fine provisions.

21. A covered solar configuration reduces estimated annual production from 10,000 to 8,900 kWh. What is the reduction?

  1. 10%, automatically permitted
  2. 9%, automatically permitted
  3. 11%, above the stated 10% limit
  4. 21%, with no applicable limit
Show answer and explanation

Answer: C. 11%, above the stated 10% limit

The difference is 1,100 kWh; divided by the original 10,000, it is 11%. Meeting the numeric limit alone would not establish compliance with every other requirement.

22. An association meets the specified nonprofit condition, has 11 units and exactly $100,000 in annual budgeted assessments, and has not elected in. Which Section 1-75(a) point matters?

  1. More than 10 units always ends the exemption
  2. The no-more-than-$100,000 budgeted-assessment alternative can satisfy the numeric test
  3. Every condominium is exempt
  4. Only actual expenses count
Show answer and explanation

Answer: B. The no-more-than-$100,000 budgeted-assessment alternative can satisfy the numeric test

The size and annual budgeted-assessment tests are alternatives under the stated conditions. This does not erase the declaration or decide a different community’s coverage.

23. What is accurate about the qualifying unlawful-covenant modification process under current Section 3-5048?

  1. Every owner automatically receives damages
  2. The broker should file without checking eligibility
  3. Its specified filing and necessary-copy fees are prohibited
  4. Every lawful rental restriction can be erased without authority
Show answer and explanation

Answer: C. Its specified filing and necessary-copy fees are prohibited

The specific statutory process and eligibility conditions matter. Its fee rule is not proof that every recording service or unrelated association request is free.

24. For a covered solar application submitted before the association has adopted its written energy policy, which distinction matters?

  1. An association can always delay indefinitely
  2. The statutory 120-day processing rule and applicable notice-and-cure safeguards must be considered
  3. Silence gives immediate permission without any other step
  4. Only a universal 30-day rule exists
Show answer and explanation

Answer: B. The statutory 120-day processing rule and applicable notice-and-cure safeguards must be considered

Section 30(b) distinguishes the pre-policy submission; Section 30(c) requires written notice of the alleged failure and 10 business days to cure before the stated proceed remedy. Scope, public permits and actual facts remain.

Common questions

What are CC&Rs in real estate?

Covenants, conditions and restrictions are private property controls commonly found in a recorded declaration or deed restriction. They can govern use, alterations, shared-property obligations and assessments. A valid provision can affect a later owner, but the actual parcel, notice, duration, enforcement rights and governing law still matter. Not every restriction creates an association.

Are CC&Rs the same as bylaws or HOA rules?

No. The declaration establishes core property rights and obligations. Bylaws organize governance, while rules implement powers lawfully granted by law and the governing documents. Documents can be combined, so a filename alone is not decisive. Read the substance, amendments and authority rather than relying only on the rulebook.

Do CC&Rs override zoning?

Private restrictions and public zoning can both apply. Government permission does not automatically remove a lawful private restriction, and private consent does not waive a required permit. A restriction that violates controlling law is not enforceable simply because it is stricter. Check the actual sources and property instead of treating either approval as the whole answer.

Can CC&Rs bind a buyer who never signed them?

A valid covenant intended to affect the land can bind successors under applicable property and notice rules. Read the recorded instrument, affected legal description, title matters, amendments and duration. Do not assume a new personal signature is always required, or that recordation alone proves every provision is valid and perpetual.

Which condominium document controls a conflict?

Section 4.1(b) generally gives the declaration priority over conflicting bylaws or other condominium instruments, except to the extent it is inconsistent with the Act and subject to the stated pre-1984-instrument qualification. This is a qualified rule, not permission for a declaration to override law or a complete interpretation of a private document.

Can an Illinois association fine an owner?

For a covered common-interest community, Section 1-30(g) authorizes reasonable fines after notice and an opportunity to be heard for the stated violations. Condominium Section 18.4(l) separately addresses reasonable fines and that process. Check the applicable law and instruments. A fine is not interchangeable with an assessment, repair charge, collection lien or injunction.

Can CC&Rs restrict rentals?

A lawful, applicable restriction can affect leasing. Its validity and reach depend on the governing law, declaration, authorized amendments, dates and facts. CICA Section 1-35(a) applies specified use-related provisions to lessees and incorporates them into qualifying leases. It is not a universal ban on renting or a guarantee every earlier owner is grandfathered.

Who owns and maintains a limited common element?

A limited common element remains common property allocated for the defined limited use. A condominium owner generally has an attached undivided common-element interest, rather than separate title to every exclusively used balcony or parking space. Boundaries, maintenance and expense allocation require the actual instruments and applicable law; appearance alone does not decide them.

What should a resale buyer request?

Identify the community type, then use the correct statutory and contractual information process. Review the instruments, amendments, account and liens, planned capital expenditures, reserves, available financial statement, litigation and insurance information. Condominium Section 22.1 also includes specified improvement-compliance and notice-contact information. The lists differ; neither statutory package replaces title work, a physical review or the buyer’s intended-use check. The condominium statement about prior improvements is a stated good-faith belief in compliance, not a professional inspection or guarantee that every condition or violation has been discovered.

What are the Illinois association resale response deadlines?

The designated condominium officer responds under Section 22.1 within 10 business days of the written request. The covered CICA Section 1-35(d) process uses 30 days after receipt of a written request. Confirm the actual trigger, community, responsible party and contractual dates. These are information-response periods, not automatic buyer cancellation windows or a guarantee a particular closing can proceed. Fees also differ. Do not treat the condominium statute’s $375 base as an unchanging October 2026 cap; the statute includes an annual CPI adjustment and a separate qualified rush charge. This guide does not calculate the current adjusted amount or approve a particular invoice.

Do thin reserves guarantee a special assessment?

No. Low reserves compared with anticipated work signal a funding issue to investigate, not proof that a particular charge is adopted or inevitable. Review the project scope, reserve information, budget, decisions and lawful funding options. A low monthly assessment and the absence of a current special assessment do not by themselves establish low total ownership cost.

Can a small association ignore its declaration?

Not merely because it qualifies for a CICA exemption. Section 1-75 has specific organizational, size or budget conditions and an election mechanism, plus separate provision-specific exemptions. A qualifying statutory exemption does not automatically release recorded obligations or eliminate other applicable law. Do not import that exemption into a condominium because its building is small.

Is HB 5449 still pending in October 2026?

No. It became Public Act 104-0797 on August 7, 2026, with a January 1, 2027 effective date. Public Act 104-0734 also has a January 1, 2027 effective date. Keep the effective date separate from approval and read the correct statutory version. This guide does not apply the future measures’ duties early.

Are these official exam questions or association advice?

These questions are original educational scenarios, not recalled PSI items, a validated readiness measure or legal advice. Actual enforcement, amendment, construction and resale disputes need the complete instruments, relevant facts and qualified Illinois counsel or other appropriate professionals. A broker should preserve documents and dates rather than promise a legal outcome.

Can Illinois CC&Rs prohibit solar panels?

For a covered system and building, Section 20 prohibits restrictions that prohibit or effectively prohibit installation and limits configuration controls. It does not permit banning system elements on any roof face or requiring a specific technology. A configuration may not reduce estimated annual electrical production by more than 10%; operation, warranties and the other statutory protections also matter. Section 45 excludes buildings greater than 60 feet high and the specified association buildings with shared roofs. A shared roof includes one serving more than one unit or forming part of the common elements or area. Do not assume every condominium roof is covered.

The Act separately requires a written energy policy within 90 days of the specified request or application. Section 30 generally uses 30 days to process an application, but 120 days applies when it was submitted before policy adoption. Its proceed remedy requires the specified written notice of failure and 10 business days to cure; silence is not immediate unrestricted permission. State and local permitting standards still apply. These summaries do not compute a private deadline or authorize construction.

What can be done about an unlawful discriminatory covenant?

Its presence in the record does not authorize prohibited enforcement. Illinois Section 3-5048 supplies a qualified modification process, including a specific association-board route. The current provision prohibits the specified filing fee and fees for copies necessary to complete that process. Follow the actual eligibility, petition, review, recording and notice safeguards; the process is not a way to erase unrelated lawful restrictions, and this page does not complete or submit a filing.

Is an owner-records request the same as a resale package?

No. Condominium Section 19 and the applicable CICA records provisions govern owner access, with their own categories, purposes, protections and procedures. Section 22.1 and CICA Section 1-35(d) address specified resale information. Do not use the deadline or access scope from one process as a universal rule for every association request. A prospective buyer also needs the actual contract and seller’s obligations reviewed.

Did Illinois association ombudsperson provisions expire in January 2026?

Public Act 104-0377 extended the stated compliance sections and the Ombudsperson Act’s repeal date to January 1, 2029, effective August 15, 2025. That is not a claim that the entire Condominium Property Act or Common Interest Community Association Act expires on that date. The particular community’s coverage still matters; this guide does not initiate a complaint or contact the office.

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Official sources and scope

Reviewed through October 27, 2026. Community type, coverage, statutory versions and effective dates matter. The resale provisions used here are those before Public Act 104-0734 takes effect. Public Act 104-0797 is enacted but also future-effective. Sources identify the law and stated examples; this page does not approve a private restriction, charge, installation or deadline.

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.

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