Should Your Association Update Its Declarations?

If your Condominium Association is considering whether or not it's time to update its Declarations and Bylaws, you should be aware of some recent updates in Illinois law.

Associations interested in preventing the rental of units on short-term platforms such as Airbnb and VRBO should review the Declaration language regarding short-term rentals. Most will refer to leases, but recent caselaw in Illinois (2021) held that Airbnb type rentals are not leases, but rather, licenses. Adding a restriction against “licenses” may be something your association should consider, as reliance on any other language might be a risk.

Additionally, the Illinois Condominium Property Act was just amended, now allowing associations to include language in their Declarations and Bylaws which would require an owner to reside in their unit if they wish to serve on the Board. This is limited to a maximum of the majority of Board seats and cannot extend to all directorships.

While these are just two of the most recent changes in Illinois condominium law, there may be others for your Association to consider when evaluating whether to update its governing documents. The process and costs involved in properly amending the Declaration and Bylaws are far from insignificant, so it is always a good idea to take as comprehensive an approach as possible if the Board elects to undertake this work.

If you’re looking for guidance, Erwin Law can help. With 30 years of experience handling Association issues of all kinds, they have the knowledge – and the know-how – to help you uncover the pros and cons of updating your documents and, handle all the details should moving forward be your best option. Call James Erwin today at 773-525-0153 or email him at jerwin@erwinlawfirm.com.