Board governance
Meetings, notice, voting, records, and day-to-day compliance with the governing documents.
HOA / Condominium Association
HOA & Condominium Association Law in Illinois
A community association is a small government and a small business at the same time. We help boards, associations, and owners across central Illinois handle the governance, enforcement, and collection issues that keep a community running — and the disputes that don't resolve themselves.
Understanding. Answers. Direction.
A community association collects money, enforces rules, maintains shared property, and answers to the owners who live there — all under a stack of governing documents and two demanding Illinois statutes. We represent associations, boards, and individual owners across central Illinois on the governance, enforcement, and collection issues that keep a community running.
Most board trouble comes from skipping steps — voting without proper notice, enforcing a rule unevenly, or letting unpaid assessments pile up. The fixes are usually procedural, and they're a lot cheaper before a dispute than after.
What we do for you
Governance, enforcement, and collection — handled.
The day-to-day work that keeps a community running, and the disputes when it doesn't.
Covenant & rule enforcement
Issuing notices, holding hearings, and enforcing restrictions consistently so the rule sticks.
Assessment collection
Pursuing unpaid assessments, including liens and, where warranted, possession or foreclosure.
Owner disputes
Defending and resolving disputes between owners and the association.
Developer-to-owner transition
Turnover from the declarant, including reserves and document handoff.
Document review & amendments
Declarations, bylaws, and rules — reviewed, updated, and made workable.
Built for Illinois law
Association law, built for Illinois
Which statute governs your community matters, because the rules differ.
The Illinois Condominium Property Act (765 ILCS 605)
Condominium associations are governed by the Condominium Property Act, which sets detailed rules on board powers, meetings and notice, owner access to records, voting, and assessments. It also imposes a fiduciary duty: board members — whether appointed by the developer or elected by owners — must exercise the care of a fiduciary toward the unit owners, acting in good faith and in the association's best interest. Most breach claims come down to process failures: acting without a required vote, failing to give proper notice, or neglecting duties like adequate reserves and insurance. We keep boards on the right side of those lines.
The Common Interest Community Association Act (765 ILCS 160)
Non-condominium associations — townhome and single-family HOAs organized as common-interest communities — are generally governed by the Common Interest Community Association Act. It covers meetings, board duties, records, rule adoption, and turnover, with certain exemptions for smaller associations. The two acts overlap in spirit but differ in detail, and applying the wrong one is a common and avoidable mistake. We confirm which act controls your community and advise accordingly.
Board governance and fiduciary duty
Boards get into trouble by doing the right thing the wrong way. Illinois law requires proper notice, open meetings for most business, accurate records, and decisions made in the association's interest rather than any individual's. We help boards adopt clean procedures so their decisions hold up — and we defend boards when a decision is challenged.
Covenant and rule enforcement
A restriction is only as good as its enforcement. Selective or procedurally sloppy enforcement is how associations lose. We help boards enforce architectural rules, use restrictions, and covenants the right way — written notice, an opportunity to be heard, consistent application — so the rule sticks and the association isn't exposed.
Assessment collection
Unpaid assessments shift the cost of the community onto everyone else, so the law gives associations real collection tools — a lien for unpaid assessments and, in the right case, the ability to recover possession or foreclose. We pursue delinquencies efficiently and on a schedule the board can rely on, and we advise on the notices that have to come first.
Developer-to-owner transition
When a development is built out, control passes from the developer to an owner-elected board. That turnover is a frequent source of disputes — over reserves, unfinished common areas, and the completeness of the records and documents handed over. Illinois recognizes a developer's duty to fund reserves and turn over a functioning association. We represent both owner boards taking control and developers completing a clean transition.
The Marvel Law approach
We treat association work as the governance-and-business problem it is.
Not a series of one-off fights. For boards, that means clean procedures that prevent disputes and hold up when challenged. For owners, it means a straight read on whether the association followed its own rules. Either way: practical advice, consistent process, and litigation only when it's the right tool.
Richard T. Marvel — bio, credentials, and bar admissions appear on the About/Attorney page, including transactional and litigation experience relevant to association governance, enforcement, and collection. Richard T. Marvel has practiced law in central Illinois since 2001 — as both a litigator and a transactional attorney, which shapes how he drafts to prevent disputes. Read his full bio →
"Most board trouble comes from skipping steps — and the fixes are usually procedural, a lot cheaper before a dispute than after." — The Marvel Law approach
At a glance
Condo vs. common-interest community
| Condominium | Common-Interest Community (HOA) | |
|---|---|---|
| Governing statute | Condominium Property Act (765 ILCS 605) | Common Interest Community Association Act (765 ILCS 160) |
| Typical property | Units with shared structures / common elements | Townhomes or single-family lots with shared areas |
| Board duty | Fiduciary duty to unit owners | Board duties and good-faith standard |
| Small-association rules | Detailed statutory scheme | Certain exemptions for smaller associations |
FAQ
Frequently asked questions
It matters a great deal — the governing statute, notice rules, and procedures differ. Condominiums fall under 765 ILCS 605; many townhome and single-family associations fall under 765 ILCS 160. We confirm which controls before advising the board, because applying the wrong act is a common path to a losing dispute.
Usually not. Illinois law requires proper notice and, for most business, an open meeting. A decision made without required notice or a required vote can be a breach of the board's duties and may be challenged. The fix is almost always procedural — done right, the board can act with confidence.
The association has real tools — a lien for unpaid assessments and, in the right case, an action for possession or foreclosure — but the required notices have to come first and in the right order. We collect delinquencies on a reliable schedule so the burden doesn't fall on the owners who pay.
Reserves, unfinished common areas, and the completeness of the records and documents you receive. Developers have duties at turnover, including funding reserves. Have a lawyer review the handoff before you sign off on it.
Where we serve
Based in Bloomington. Serving central & southern Illinois.
In person and remotely. HOA and condominium association matters in:
HOA & Condo Law in McLean County
HOA & Condo Law in Logan County
Serving central & southern Illinois — in person or remotely
See our related work in Real Estate and Business Law.