How does a homeowners association work? What are the governing documents of a homeowners association?

Q: How does a homeowners association work? In Illinois, do changes to a condominium’s rules and regulations require approval from the condo association residents? And, how can homeowners change the association rules and regulations?

Governing documents in a homeowners association are like the laws and rules that govern the U.S.

A: Sam often tells his clients that they have to think of the governing documents in a homeowner’s association like the laws and rules that govern the U.S. The condominium declaration or homeowner’s association declaration is like the constitution of the United States. And the rules and regulations are like laws passed by the Congress.

Let’s say your association’s main document says that rentals are not allowed. And, let’s say you and a few of your fellow owners want to change that. You’re going to have to get a majority (or, in some cases, a super-majority) of homeowners to vote for that change. If the governing document says that rentals are allowed subject to rules enacted by the board of the association, the board has discretion to make those rules without the unit owner’s approval.

Basically, and there are exceptions to this, a homeowners or condo board association votes in the members of the board of directors. They govern the association. The board of directors has great leeway in making decisions on behalf of the unit owners. In general, the board of directors does not need unit owners’ approval to enact rules and regulations for the association.

One additional comment: only owners have the right to vote for the members of the board of directors of associations and only owners get the right to vote for matters that come up in these meetings. If you are a renter in a unit in the building, you don’t have the right to make decisions or tell the owners or the board of directors on how they should run the building. You can make suggestions, but that’s as far as it generally goes.