[IL] [IL] Is my HOA allowed to override the bylaws?
I am a member of an HOA in Schaumburg, IL. Historically, and per the bylaws, the HOA would handle plumbing costs for issues in the shared main line/behind the wall. They just sent a bill to split a plumbing cost for snaking the main line, charging me (and the other three units) that share the drain, stating “sanitary wipes and other items have caused the blockage, and that damage is no longer covered by the HOA.” I don’t use wipes or throw items down. Given the bylaws say the common element is covered, and this is a common element, am I obligated to pay? The Board recently terminated the management company; the 200+ unit complex is now self-managed. I’m concerned they’re changing policy against the rules and bylaws.
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Short answer: If the bylaws say the HOA covers common-element plumbing repairs, the board can’t override that with a “policy” unless the bylaws give them that specific authority (Illinois Condominium Property Act, 765 ILCS 605). A true bylaw change usually needs a membership vote, not just a board decision. If the change wasn’t properly adopted, you may not be obligated to pay—though you may need to formally challenge the board.
Long answer: The blockage was in a shared main line (a common element under most bylaws). A board “policy” can’t conflict with bylaws unless the bylaws expressly allow such changes without a member vote. Given the lack of timely minutes and that few owners acknowledged the change, the validity of this “policy” is questionable.
— Request in writing the exact authority and meeting records showing adoption of this rule.
— Dispute the charge in writing and ask that it be removed.
— If the board persists, consider complaints to state authorities (e.g., Illinois Attorney General’s Consumer Protection Division).
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I am a member of an HOA in Schaumburg, IL. Historically, and per the bylaws, the HOA would handle plumbing costs for issues in the shared main line/behind the wall. They just sent a bill to split a plumbing cost for snaking the main line, charging me (and the other three units) that share the drain, stating “sanitary wipes and other items have caused the blockage, and that damage is no longer covered by the HOA.” I don’t use wipes or throw items down. Given the bylaws say the common element is covered, and this is a common element, am I obligated to pay? The Board recently terminated the management company; the 200+ unit complex is now self-managed. I’m concerned they’re changing policy against the rules and bylaws.
Lexi, Chatbot
Have you reviewed the specific bylaws regarding plumbing costs and responsibilities?
I have; this is a change to the bylaws. The Board says they have the right to create a plumbing “policy” which will override the bylaws.
Lexi, Chatbot
Have there been any recent changes to the HOA’s management or policies that may affect how these costs are handled?
No.
Lexi, Chatbot
Is there anything else the real estate lawyer should know?
Yes.
Legal Eagle
Hello! Legal Eagle here. Do the bylaws give the board authority to unilaterally change policy regarding plumbing cost liability, or does it require a vote from the members?
I’m not 100%, but I believe it needs a vote to change overall bylaws and rules. They say this new “policy” is within their rights, even though it changes what the bylaws cover.
Legal Eagle
Is the new plumbing-cost policy written and formally adopted by the board?
We received a letter stating they were changing it, but it’s hard to get info. Meeting minutes/updates aren’t released for 3–4 months and are very vague.
Legal Eagle
Understood! So you’re wondering what your rights are here, correct?
Correct. Last year they sent a letter demanding we sign and acknowledge the change, but very few owners signed. The bill is only $75, but I’m afraid they’ll keep doing things that aren’t legal or proper.
Legal Eagle
Anything else you want me to know? If not, I can start answering.
That’s it.
Legal Eagle
Short answer: If the bylaws say the HOA covers common-element plumbing repairs, the board can’t override that with a “policy” unless the bylaws give them that specific authority (Illinois Condominium Property Act, 765 ILCS 605). A true bylaw change usually needs a membership vote, not just a board decision. If the change wasn’t properly adopted, you may not be obligated to pay—though you may need to formally challenge the board.
Long answer: The blockage was in a shared main line (a common element under most bylaws). A board “policy” can’t conflict with bylaws unless the bylaws expressly allow such changes without a member vote. Given the lack of timely minutes and that few owners acknowledged the change, the validity of this “policy” is questionable.
— Request in writing the exact authority and meeting records showing adoption of this rule.
— Dispute the charge in writing and ask that it be removed.
— If the board persists, consider complaints to state authorities (e.g., Illinois Attorney General’s Consumer Protection Division).
Thank you kindly. This is what I needed—have a good afternoon.
Legal Eagle
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Legal Eagle
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Legal Eagle
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