- Official section
- National II.C.2: Subdivision CC&Rs and private land-use controls
- Broker weight
- Part of 5% of the national broker portion
- Expected scored items
- The current PSI outline assigns Land Use Controls about 5 of the 100 scored national broker items
Real estate glossary and exam guide
CC&Rs: the recorded operating rules attached to a community
A buyer is not just purchasing a house or unit. In an association community, the buyer may also be accepting assessment duties, architectural limits, shared-maintenance obligations, leasing rules, voting rights, and enforcement procedures. The glossy amenities page will not show the whole bargain. A serious review starts with the recorded declaration and plat, moves through amendments and bylaws, then checks rules, finances, violations, insurance, litigation, and the buyer's actual plans.
Last updated: August 1, 2026
What does this exam area cover?
Short answer: CC&Rs are covenants, conditions, and restrictions, usually contained in a recorded declaration that creates private land burdens and reciprocal community rights. They can regulate property use, improvements, maintenance, common areas, assessments, leasing, association powers, and enforcement. Statutes and public policy control over conflicting provisions. The declaration, bylaws, plat, rules, amendments, and current association records must be read together.
This guide follows the PSI Illinois Candidate Information Booklet effective June 24, 2026, the Common Interest Community Association Act, Condominium Property Act, Illinois Human Rights Act, Homeowners' Energy Policy Statement Act, and Public Act 104-0377 checked through August 1, 2026. The Condominium and Common Interest Community Ombudsperson provisions remain extended to January 1, 2029. HB 5449 had passed both houses and was sent to the Governor on June 26, 2026, but had not become a public act by the August 1 cutoff, so its proposed website and financial-disclosure changes are not treated here as current law. Condominium, non-condominium common-interest, master-association, cooperative, and exempt-small-community rules are not interchangeable.
What is on the official outline?
- Topic
- CC&R meaning
- What to know
- Covenant, condition, restriction, declaration, reciprocal promise, land burden, land benefit, common plan, subdivision, condominium, common interest community, association, owner, and successor
- Best exam move
- Classify CC&Rs as private controls that can attach to land, not as a government ordinance.
- Topic
- Declaration
- What to know
- Recorded instrument, creation of community, property description, units or lots, common areas, easements, percentage interest, assessment duty, use restriction, association authority, developer rights, amendment, and successor
- Best exam move
- Start with the declaration because it ordinarily creates the core property obligations and powers.
- Topic
- Plat and legal boundaries
- What to know
- Survey, parcel, unit boundary, common element, limited common element, common area, easement, phase, annexation, outlot, parking space, storage, maintenance responsibility, and percentage allocation
- Best exam move
- Use the recorded plat and definitions to decide what the owner owns and what the association maintains.
- Topic
- Bylaws and operating agreement
- What to know
- Board, director, officer, election, meeting, notice, quorum, voting, term, removal, committee, manager, records, budget, administration, maintenance process, and association procedure
- Best exam move
- Treat bylaws as governance rules operating under statute and the declaration, not as a free-standing source of unlimited power.
- Topic
- Rules and regulations
- What to know
- Board adoption, granted authority, reasonable implementation, parking, pool, clubhouse, pets, move-in, noise, trash, common-area hours, procedure, notice, publication, enforcement, and conflict
- Best exam move
- A rule must stay within statutory and document authority and cannot contradict the declaration.
- Topic
- Document hierarchy
- What to know
- Federal law, Illinois statute, public policy, declaration, condominium instruments, bylaws, operating agreement, rules, resolutions, architectural guidelines, policy, conflict, severability, and void term
- Best exam move
- Move from controlling law to the recorded declaration and then to subordinate documents. Do not enforce a lower-level rule that exceeds its source.
- Topic
- Use restrictions
- What to know
- Residential use, business activity, rental, short-term rental, occupancy, age-qualified housing, pets, smoking, noise, signs, vehicles, parking, storage, nuisance, and illegal activity
- Best exam move
- Read defined terms, exceptions, effective dates, grandfather provisions, and fair-housing limits before applying a restriction.
- Topic
- Architectural restrictions
- What to know
- Exterior alteration, addition, fence, roof, siding, windows, deck, patio, landscaping, solar system, satellite dish, application, plans, standards, committee, decision deadline, appeal, and approval record
- Best exam move
- Confirm private approval and government permits separately before work begins.
- Topic
- Common-area rights
- What to know
- Use, access, easement, guest, pool, road, clubhouse, lake, trail, parking, rule, suspension, safety, maintenance, insurance, damage, exclusive use, and limited common element
- Best exam move
- Separate ownership of a unit or lot from shared rights and limited rights in common property.
- Topic
- Maintenance allocation
- What to know
- Owner responsibility, association responsibility, common area, common element, limited common element, roof, window, balcony, driveway, lawn, utility line, casualty, negligence, betterment, insurance, and deductible
- Best exam move
- Find the boundary and maintenance clause before assigning repair cost from appearance or access alone.
- Topic
- Assessments
- What to know
- Common expense, regular assessment, special assessment, budget, reserve, allocation formula, percentage interest, due date, late fee, collection cost, lien, payment plan, owner obligation, and resale account
- Best exam move
- Assessments are private association charges authorized by law and documents, not government property taxes or municipal special assessments.
- Topic
- Reserves and capital projects
- What to know
- Replacement reserve, reserve study, roof, pavement, mechanical system, elevator, facade, useful life, contribution, anticipated expenditure, special assessment risk, financing, deferred maintenance, and disclosure
- Best exam move
- Compare reserve resources with expected work instead of treating the current monthly assessment as the full ownership cost.
- Topic
- Violation enforcement
- What to know
- Complaint, inspection, notice, opportunity to be heard, hearing, evidence, written decision, reasonable fine, continuing violation, cure, chargeback, suspension, injunction, collection, attorney fees, and appeal
- Best exam move
- Follow the required process and distinguish a fine from an assessment, repair charge, or court remedy.
- Topic
- Amendment
- What to know
- Owner vote, percentage, board authority, developer consent, mortgagee approval, written amendment, execution, acknowledgment, recording, effective date, rental restriction, statutory protection, and notice
- Best exam move
- Use the governing amendment route. Board adoption alone cannot change a declaration when owner approval and recording are required.
- Topic
- Developer and turnover rights
- What to know
- Declarant, development period, reserved right, annexation, phase, sales office, model, easement, exemption, developer control, owner election, turnover records, warranties, and successor developer
- Best exam move
- Identify whether a reserved developer right is still active and who legally holds it.
- Topic
- Condominium treatment
- What to know
- 765 ILCS 605, declaration, bylaws, plat, unit, common elements, limited common elements, percentage ownership, board of managers, association, common expenses, section 4.1 priority, section 22.1 resale, and section 19 records
- Best exam move
- Use the Condominium Property Act for a condominium rather than importing non-condominium common-interest rules.
- Topic
- Common-interest treatment
- What to know
- 765 ILCS 160, non-condominium community, mandatory common-area expenses, declaration, community instruments, board, member, section 1-20 amendment and fines, section 1-35 resale, and section 1-75 exemption
- Best exam move
- First decide whether the association falls within the Act or a small-community exemption.
- Topic
- Tenant application
- What to know
- Lease, owner landlord, tenant, incorporated use rules, signed lease delivery, occupancy, violations, owner liability, eviction remedy, fair housing, accommodation, and association notice
- Best exam move
- A tenant can be subject to use restrictions even though the owner remains responsible to the association.
- Topic
- Statutory and civil-rights limits
- What to know
- Illinois Human Rights Act, federal Fair Housing Act, discriminatory covenant, reasonable accommodation, age-qualified housing, solar energy, flags, political signs, religion, FHA financing, public policy, and void provision
- Best exam move
- No declaration or owner vote can authorize a restriction or enforcement practice that controlling law prohibits.
- Topic
- Resale due diligence
- What to know
- Section 22.1, section 1-35, declaration, bylaws, rules, account statement, unpaid charges, reserves, capital expenditures, financial condition, litigation, insurance, alteration compliance, violations, minutes, budget, and deadline
- Best exam move
- Order the correct statutory package early and compare it with the title record and physical property before closing.
Which distinctions produce the most mistakes?
- Terms
- CC&Rs vs. zoning
- Difference
- CC&Rs are private property controls created by recorded instruments. Zoning is a public control enacted and enforced by government.
- Question cue
- Private declaration versus public ordinance.
- Terms
- Declaration vs. bylaws
- Difference
- The declaration creates core land burdens, community rights, and association powers. Bylaws govern the association's internal administration under that authority.
- Question cue
- Property constitution versus governance procedure.
- Terms
- Bylaws vs. rules
- Difference
- Bylaws organize board and member governance. Rules provide more detailed day-to-day standards under authority granted by statutes and governing instruments.
- Question cue
- How decisions are made versus how conduct is managed.
- Terms
- Common area vs. limited common element
- Difference
- A common area or element serves the ownership collectively. A limited common element is part of the common property reserved for one or fewer than all units as defined by the instruments and law.
- Question cue
- Shared by all versus allocated shared property.
- Terms
- Assessment vs. fine
- Difference
- An assessment funds common expenses according to the governing allocation. A fine is a violation sanction imposed after the required process.
- Question cue
- Community cost share versus rule penalty.
- Terms
- Regular assessment vs. special assessment
- Difference
- A regular assessment funds the adopted recurring budget. A special assessment addresses an additional project, deficit, emergency, or expense under the governing approval rules.
- Question cue
- Routine budget versus extra charge.
- Terms
- Association lien vs. mortgage
- Difference
- An association lien secures unpaid authorized charges under statutes and governing documents. A mortgage secures repayment of a loan through a consensual real-property interest.
- Question cue
- Unpaid community charges versus borrowed money.
- Terms
- Condominium vs. common interest community
- Difference
- A condominium divides units and common elements under the Condominium Property Act. The Common Interest Community Association Act covers qualifying non-condominium real estate with mandatory shared-common-area expense obligations.
- Question cue
- Unit plus common-element title regime versus other mandatory association community.
- Terms
- Owner approval vs. government permit
- Difference
- Association or architectural approval addresses private documents. A permit addresses public law. Each can be required independently.
- Question cue
- Private consent versus public authorization.
- Terms
- Amendment vs. board rule
- Difference
- An amendment changes a governing instrument through its required vote and recording process. A board rule implements existing authority without rewriting the declaration.
- Question cue
- Change the authority versus use the authority.
- Terms
- Resale disclosure vs. title commitment
- Difference
- The association resale package reports governing documents and current financial or operational facts. The title commitment identifies recorded title matters and proposed insurance treatment.
- Question cue
- Community status versus title record and coverage.
- Terms
- Known violation vs. future approval
- Difference
- A violation concerns an existing condition or conduct. Future approval is permission for proposed work or use and cannot be assumed from the absence of a current violation notice.
- Question cue
- Present noncompliance versus proposed permission.
The C-O-M-M-O-N document audit
- Community type: identify condominium, non-condominium common-interest community, master association, cooperative, voluntary association, developer-controlled phase, and any statutory exemption.
- Ownership map: read the declaration, plat, unit or lot boundaries, common areas, limited common elements, easements, percentage interests, parking, storage, and maintenance allocation.
- Money: test regular and special assessments, reserves, anticipated projects, delinquencies, collection powers, insurance, deductibles, litigation, contracts, and the unit account.
- Management authority: trace each board, committee, manager, bylaw, rule, fine, architectural decision, lease requirement, and amendment back to statutes and the recorded declaration.
- Owner plans: compare the buyer's occupancy, rental, pet, parking, renovation, solar, business, accessibility, financing, and resale goals with the current documents and public law.
- Notice and next steps: order the statutory resale package, identify violations and pending decisions, preserve review contingencies, obtain written approvals, and refer legal or technical conclusions.
- Layer
- Declaration and plat
- Primary job
- Create land rights, burdens, boundaries, and association powers
- Transaction question
- What attaches to this unit or lot?
- Layer
- Bylaws or operating agreement
- Primary job
- Organize association governance and administration
- Transaction question
- Who may decide, vote, meet, and act?
- Layer
- Rules and guidelines
- Primary job
- Implement daily conduct and approval standards
- Transaction question
- What current process applies to the owner's plan?
- Layer
- Resale and financial records
- Primary job
- Report current account and association condition
- Transaction question
- What costs, projects, disputes, or violations exist now?
How do the rules work in scenarios?
A board rule exceeds the declaration
Scenario: A declaration permits household pets and authorizes reasonable registration rules. The board adopts a rule banning every pet without an owner amendment or statutory basis.
- The declaration grants registration authority while expressly permitting the underlying use.
- A subordinate rule cannot simply contradict the declaration.
- The association would need a lawful amendment route or other valid authority for a broader restriction.
Answer: The blanket board rule exceeds the supplied declaration authority.
Condominium declaration prevails over a conflicting bylaw
Scenario: A condominium declaration assigns two votes to a combined unit. A later bylaw says every owner has exactly one vote, and no valid declaration amendment was recorded.
- The instruments directly conflict on the voting allocation.
- Section 4.1(b) generally gives the declaration priority over conflicting bylaws, subject to the Act and its stated qualification.
- The bylaw cannot amend the recorded declaration by contradiction alone.
Answer: Apply the declaration unless controlling law or a valid amendment changes the result.
A special assessment is not a property tax
Scenario: An association levies a one-time roof assessment under its budget and voting provisions. A buyer calls it a municipal special assessment.
- The charge comes from private association authority and community documents.
- A municipal special assessment is a public charge for a local improvement under government law.
- Both can affect ownership cost, but their source, lien, procedure, and remedies differ.
Answer: This is an association special assessment, not a government special assessment.
A tenant is subject to use rules
Scenario: A covered common-interest declaration prohibits overnight street parking. An owner leases the home, and the tenant argues that only owners are bound.
- Section 1-35(a) applies use-related governing provisions to a person leasing a unit and deems them incorporated into qualifying leases.
- The owner also has document and lease-delivery duties unless the community instruments provide otherwise.
- Enforcement must still follow law and the governing documents.
Answer: The tenant can be subject to the parking restriction even without owning the unit.
A condo buyer gets the wrong resale package
Scenario: A broker orders a common-interest disclosure with a 30-day response assumption for a condominium resale. The closing is in two weeks.
- A condominium is governed by the Condominium Property Act, not the non-condominium resale subsection.
- Section 22.1 identifies condominium items and a 10-business-day response period for the designated officer.
- Using the wrong statute can miss material documents and jeopardize the transaction schedule.
Answer: Order the condominium section 22.1 package immediately and track its correct deadline.
A small-community exemption does not erase CC&Rs
Scenario: A nine-home incorporated common-interest association qualifies for the section 1-75 exemption and has not elected into the Act. An owner argues that the recorded declaration therefore disappeared.
- The exemption concerns statutory coverage under the Common Interest Community Association Act.
- It does not by itself release recorded covenants or eliminate contract, property, corporate, fair-housing, or other law.
- The declaration must still be analyzed on its own terms and under other governing law.
Answer: Statutory exemption is not automatic termination of the recorded CC&Rs.
A solar application can be regulated but not prohibited
Scenario: A homeowner submits a rooftop solar plan. The association says its aesthetic guidelines allow the committee to ban panels on every roof face.
- The Illinois Homeowners' Energy Policy Statement Act limits deed restrictions and association decisions affecting covered systems.
- Configuration may be addressed within the statute's production and operation limits.
- The owner must still provide a compliant application and obtain public permits.
Answer: The guidelines cannot be used as a blanket prohibition contrary to Illinois law.
What are the common exam traps?
- Trap
- Calling CC&Rs government regulations
- Correction
- They are private controls, although statutes and public policy govern their validity and enforcement.
- Trap
- Using CC&Rs, bylaws, and rules as synonyms
- Correction
- The declaration creates property burdens, bylaws organize governance, and rules implement granted authority.
- Trap
- Reading only a rulebook
- Correction
- Trace every rule to the statute, declaration, bylaws, amendments, and recorded plat.
- Trap
- Assuming one association statute covers every community
- Correction
- Classify condominium, common-interest, cooperative, master, voluntary, and exempt-small-community structures separately.
- Trap
- Assuming a small-community exemption cancels the declaration
- Correction
- An Act exemption does not automatically release valid recorded covenants or other legal obligations.
- Trap
- Treating an assessment as a fine
- Correction
- Assessments allocate community expenses; fines sanction violations after required procedure.
- Trap
- Treating an HOA special assessment as a municipal charge
- Correction
- Private association charges and public special assessments arise under different authority and enforcement systems.
- Trap
- Assuming the monthly assessment predicts total cost
- Correction
- Review reserves, deferred maintenance, anticipated projects, litigation, insurance, deductibles, and special-assessment authority.
- Trap
- Assuming association approval includes a building permit
- Correction
- Private architectural approval and public construction approval are separate.
- Trap
- Assuming no violation letter means approval
- Correction
- Silence about an existing condition does not necessarily grant future architectural or use approval.
- Trap
- Ignoring tenant application
- Correction
- Use-related rules can apply to tenants, while the owner retains association obligations.
- Trap
- Enforcing an unlawful discriminatory restriction
- Correction
- No recorded declaration, bylaw, rule, or owner vote overrides fair-housing law or Illinois public policy.
- Trap
- Applying a blanket solar ban
- Correction
- Illinois law permits limited configuration control, not a covered prohibition or effective prohibition.
- Trap
- Using the wrong resale deadline
- Correction
- Current condominium section 22.1 uses 10 business days, while common-interest section 1-35(d) uses 30 days.
- Trap
- Treating a pending bill as current law
- Correction
- As of August 1, 2026, HB 5449 remained with the Governor and was not used as enacted authority in this guide.
Can you answer these original practice questions?
These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.
1. What does CC&Rs stand for?
- Covenants, conditions, and restrictions
- Codes, closings, and recordings
- Contracts, commissions, and rents
- Counties, cities, and regions
Show answer and explanation
Answer: Covenants, conditions, and restrictions
The term commonly describes a recorded community declaration and its private property obligations.
2. Which document usually creates core association land burdens?
- The recorded declaration
- A board meeting snack list
- A property-tax bill
- A mortgage amortization table
Show answer and explanation
Answer: The recorded declaration
It typically defines the community, property, assessment duties, use limits, easements, and association powers.
3. What do bylaws primarily address?
- Association governance, meetings, officers, elections, and administration
- Municipal zoning districts
- Federal interest rates
- A property's legal description only
Show answer and explanation
Answer: Association governance, meetings, officers, elections, and administration
Bylaws operate beneath controlling statutes and the declaration.
4. A condominium bylaw conflicts with its declaration. Which generally prevails under section 4.1(b)?
- The declaration, unless inconsistent with the Act and subject to the statutory qualification
- The newest informal rule
- The property-tax code
- The listing description
Show answer and explanation
Answer: The declaration, unless inconsistent with the Act and subject to the statutory qualification
The bylaw cannot simply rewrite the controlling recorded declaration.
5. What must a covered common-interest board provide before imposing a reasonable fine?
- Notice and an opportunity to be heard
- A new deed
- A zoning variance
- A mortgage release
Show answer and explanation
Answer: Notice and an opportunity to be heard
Section 1-20(g) requires that process for violations of the association's governing instruments and rules.
6. Is an association special assessment a government property tax?
- No, it is a private charge under association authority
- Yes, every assessment is a tax
- Yes, if used for a roof
- No, because it can never create a lien
Show answer and explanation
Answer: No, it is a private charge under association authority
Its source, procedure, allocation, collection, and lien rights differ from public taxation.
7. How long does current section 22.1 give the designated condominium officer to furnish a requested resale package?
- 10 business days
- 30 calendar days
- 90 days
- One year
Show answer and explanation
Answer: 10 business days
Do not confuse the condominium deadline with the 30-day common-interest response period.
8. Does a section 1-75 small-community exemption automatically erase recorded CC&Rs?
- No, the documents and other law can remain effective
- Yes, immediately
- Yes, after one sale
- No, because no community can qualify
Show answer and explanation
Answer: No, the documents and other law can remain effective
The exemption narrows Act coverage; it is not a recorded release.
9. Can a covered Illinois association use CC&Rs to ban every roof face for solar panels?
- No, current Illinois law limits prohibitions and configuration controls
- Yes, without exception
- Yes, if one owner objects
- No, because permits are never required
Show answer and explanation
Answer: No, current Illinois law limits prohibitions and configuration controls
The association may exercise only the configuration authority allowed by 765 ILCS 165/20.
10. What is the best buyer review of CC&Rs?
- Read governing documents, resale records, finances, violations, title, and the buyer's intended use together
- Read only the amenities brochure
- Check only the monthly assessment
- Ask only whether pets are visible
Show answer and explanation
Answer: Read governing documents, resale records, finances, violations, title, and the buyer's intended use together
The ownership bargain includes legal, physical, financial, and operational obligations.
How should you study this area?
- Session
- Session 1
- Focus
- Build the document hierarchy
- Proof you are ready
- Sort 32 provisions into statute, declaration, plat, bylaws, operating agreement, rule, guideline, resolution, resale disclosure, or title exception.
- Session
- Session 2
- Focus
- Map ownership and maintenance
- Proof you are ready
- Diagram ten communities by unit or lot, common area, limited common element, easement, percentage interest, parking, storage, and repair responsibility.
- Session
- Session 3
- Focus
- Audit community money
- Proof you are ready
- Review 12 budgets for regular and special assessments, reserves, projects, delinquencies, insurance, deductibles, litigation, and likely buyer cost.
- Session
- Session 4
- Focus
- Test authority and enforcement
- Proof you are ready
- Analyze 20 cases involving board rules, owner amendments, architectural review, notice, hearing, fines, tenant conduct, waivers, and statutory conflicts.
- Session
- Session 5
- Focus
- Compare Illinois community types
- Proof you are ready
- Explain condominium section 22.1, common-interest section 1-35, section 1-75 exemptions, declaration priority, solar limits, and the 2029 Ombudsperson extension.
- Session
- Session 6
- Focus
- Run the C-O-M-M-O-N audit
- Proof you are ready
- Score at least 90 percent and explain every miss through community type, ownership, money, management, owner plans, or notice and next steps.
Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.
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Questions students ask about What Are CC&Rs? Illinois Real Estate Exam Guide
What does CC&Rs mean in real estate?
CC&Rs means covenants, conditions, and restrictions. The term commonly refers to a recorded declaration or similar set of private rules that burdens property in a subdivision, condominium, or common interest community. CC&Rs can regulate use, improvements, leasing, maintenance, assessments, common areas, association powers, and enforcement while granting reciprocal benefits to owners.
Are CC&Rs the same as HOA bylaws?
No. CC&Rs usually create the land burdens, owner obligations, association, assessment authority, and use restrictions in a recorded declaration. Bylaws primarily explain how the association governs itself, including board elections, meetings, officers, voting, and administration. Rules implement authority granted by statutes and governing instruments. Read all layers because one document rarely tells the whole story.
Do CC&Rs bind a buyer who never signed them?
A valid recorded declaration intended to run with the land can bind later owners through property ownership and legally sufficient notice. The buyer's deed may say subject to recorded covenants, and the title commitment may list the declaration. Enforceability still depends on the actual instrument, affected property, recording, duration, amendments, public policy, and governing law.
What do Illinois CC&Rs commonly regulate?
They may regulate residential or commercial use, rentals, architectural changes, fences, signs, parking, pets, noise, landscaping, maintenance, common-area access, insurance, assessments, reserves, easements, developer rights, voting interests, amendment procedures, violations, fines, and legal remedies. Statutes can limit or override particular provisions.
Which document controls if Illinois condominium CC&Rs and bylaws conflict?
Under 765 ILCS 605/4.1(b), the declaration generally prevails over bylaws or other condominium instruments when they conflict, except to the extent the declaration is inconsistent with the Condominium Property Act and subject to the statute's stated qualification for certain instruments recorded before the 1984 amendment. Start with controlling law, then the declaration, then subordinate documents within their authority.
Can an Illinois association fine an owner for violating CC&Rs?
If the governing law and instruments authorize it, an association can impose reasonable fines through the required procedure. For a covered common interest community, 765 ILCS 160/1-20(g) requires notice and an opportunity to be heard before the board levies and collects a reasonable fine. Condominium law and the condominium instruments also govern fine authority and process. Do not skip notice, hearing, or document requirements.
Can CC&Rs restrict leasing?
They may contain lawful leasing limits, owner-occupancy rules, minimum lease terms, registration duties, or tenant conduct provisions, subject to statutes, fair-housing law, existing-owner protections, amendment rules, and the exact document. In a covered Illinois common interest community, use-related governing provisions apply to lessees and are deemed incorporated into qualifying leases under 765 ILCS 160/1-35(a).
Can Illinois CC&Rs prohibit solar panels?
A covered deed restriction, covenant, or similar agreement cannot prohibit or effectively prohibit a solar energy system under 765 ILCS 165/20. An association may address configuration within statutory limits, but it cannot require a specific technology, block every roof face, impair operation or warranties, or reduce production by more than the allowed amount. Permits and a lawful application process still apply.
What CC&R documents should an Illinois resale buyer review?
Review the declaration, bylaws, plat, amendments, rules, assessment account, current budget and financial statement, reserves, anticipated capital expenditures, insurance, pending litigation, notices, violation history, architectural approvals, meeting records, and any resale disclosure required by statute. Condominium section 22.1 and common-interest section 1-35(d) have different document lists and response deadlines.
Where are CC&Rs tested on the Illinois broker exam?
The PSI Illinois Candidate Information Booklet effective June 24, 2026 places private controls under National II.B. Questions commonly compare CC&Rs with deed restrictions, HOA bylaws, association rules, easements, zoning, building codes, liens, assessments, and public fair-housing limits.
Are these official PSI questions or association advice?
No. The practice questions are original, and the sources were checked through August 1, 2026. A real CC&R question requires the recorded declaration, plats, amendments, bylaws, rules, notices, facts, current statutes, and advice from qualified Illinois association, title, and real estate counsel.
Primary sources
- PSI Illinois Candidate Information Booklet effective June 24, 2026
- 765 ILCS 160, Illinois Common Interest Community Association Act including documents, fines, records, and exemptions
- 765 ILCS 160/1-35, lessee application and common-interest resale disclosures
- 765 ILCS 605, Illinois Condominium Property Act current statutory text
- 765 ILCS 605/4.1, condominium-instrument interpretation and declaration priority
- 765 ILCS 605/22.1, condominium resale document list, 10-business-day response, and fee provisions
- 765 ILCS 605/19, current condominium association records and owner inspection rights
- 765 ILCS 605/22.2, current limits on condominium resale disapproval
- 765 ILCS 165/20, current Illinois solar limits on CC&Rs and association authority
- 775 ILCS 5/3-105, void discriminatory real-property restrictions
- Public Act 104-0377, extension of Illinois association Ombudsperson compliance through 2028
- Illinois General Assembly HB 5449 status, sent to Governor and not enacted as of August 1, 2026
The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.
Editorial status
Checked against primary sources
The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.