Because a community association is bound by a variety of documents, confusion often arises when provisions or requirements across different documents conflict.

However, there is a hierarchy of governing documents that can help clear up some of the confusion. The hierarchy is:

  1. The Illinois Condominium Property Act (IL Condo Act) and The Common Interest Community Association Act (CICAA)
  2. Declaration
  3. By-laws
  4. Rules and Regulations

When there is a conflict between a provision of the Condo Act or CICAA and any other governing document, the Condo Act or CICAA will always prevail.

To ensure consistency and continuity with the Condo Act and CICAA, an association’s  governing documents should be regularly reviewed and updated to avoid conflicting provisions and confusion.

To learn more, click here.

 

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