Illinois Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Section 18.4(a) gives the board the duty to provide for the operation, care, upkeep, maintenance, replacement, and improvement of the common elements. Spending limits in the condo documents cannot block repair, replacement, or restoration of existing common elements. Section 18.4(j) lets the board enter units when needed to maintain or repair common elements or to make emergency repairs. The Act does not set a general default for who maintains the inside of a unit, so that comes from the declaration. Under Section 9(e), the declaration may charge the costs of limited common elements, such as balconies or parking spaces, only to the units they serve.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

The Act defines a unit simply as a part of the property designed and intended for independent use. It does not set default boundaries, so the declaration and plat describe where each unit ends. For insurance purposes, Section 12(b) treats fixtures within the unfinished interior surfaces of perimeter walls, floors, and ceilings that the developer originally installed as common elements, while floor, wall, and ceiling coverings are not common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The board must provide for upkeep, maintenance, and replacement of the common elements (Sec. 18.4(a)).
• Budgets must provide reasonable reserves for capital expenditures and deferred maintenance (Sec. 9(c)(2)).
• The board may pay an insurance deductible as a common expense or charge it to the responsible or affected owners (Sec. 12(c)).
• Sellers must obtain a disclosure package from the board, which must provide it within 10 business days of a written request (Sec. 22.1).
• Board meetings must be open to owners, with limited closed-session exceptions, and owners may record them (Sec. 18(a)(9)).
• Owners can request association records, and failure to provide them within 10 business days counts as a denial (Sec. 19).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Illinois

Insurance and deductibles

Section 12 requires the association's property policy to cover the common elements and the units, including limited common elements and, unless the board decides otherwise, the bare walls, floors, and ceilings of units. Coverage must be at full insurable replacement cost. The association also needs at least $1,000,000 in general liability coverage. The master policy does not have to cover owner improvements and betterments, such as appliances, cabinets, or floor coverings. For deductibles, the board may pay them as a common expense, charge the owner who caused the damage (after notice and a hearing), or require the affected owners to pay. The board may also require owners to carry liability coverage for damage to other units.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Illinois condo

Under Section 22.1, a selling owner must get from the board, and make available to the buyer on demand, a package that includes the declaration, bylaws, and rules; the unit's account statement; capital expenditures expected in the current and next 2 fiscal years; the status of the reserve fund; the latest financial statement; pending lawsuits; insurance coverage; and a statement about prior owner alterations. The board must provide it within 10 business days of a written request. The fee is capped at $375 (adjusted for inflation), plus up to $100 for 72-hour rush service. Section 22.1 does not itself create a cancellation period, so check the purchase contract.

Frequently Asked Questions

Who pays for repairs inside my Illinois condo unit?

The Condominium Property Act puts the common elements on the board but does not set a general rule for unit interiors. Your declaration decides which parts of the unit you maintain. Read the maintenance and boundary sections of your declaration and plat to see exactly where the line falls in your building.

Does Illinois require condo associations to do a reserve study?

No. Section 9(c)(2) requires budgets to include reasonable reserves for capital expenditures and deferred maintenance, and a reserve study is one of the factors the board considers, but the Act does not require one. Bills proposing periodic reserve studies were introduced in 2025 but had not become law as of early 2026. If the association has a study, Section 19 makes it part of the records owners can request.

Who pays the master policy deductible after a leak in Illinois?

Section 12(c) gives the board three options for a claim involving a unit or the common elements: pay the deductible as a common expense, charge it to the owner who caused the damage or whose unit the loss came from (after notice and a chance for a hearing), or require the owners of the affected units to pay. Check your declaration and board rules, and ask your HO-6 insurer about loss assessment coverage.

What documents does a buyer get when buying an Illinois condo resale?

Section 22.1 requires the seller to obtain from the board and make available to the buyer the condo documents and rules, the unit's account balance, planned capital expenditures for the current and next 2 fiscal years, reserve fund status, the latest financial statement, pending lawsuits, insurance coverage, and contact details for the association. If the association waived reserves, that must be stated in bold.