As a condo board member or unit owner, you may wonder:
- Can the association really enter my unit?
- What if an owner refuses access?
- What are our legal limits and responsibilities?
Illinois law gives condo associations the right to access individual units—but only under specific circumstances. Let’s break down what you need to know to stay compliant, protect the property, and maintain good community relationships.
What are reasons an association needs access to a unit?
Sometimes, fixing a problem with the building means getting inside someone’s private space. Common reasons include:
- A leaking pipe behind a unit’s wall that affects other units
- HVAC or plumbing lines that run through a unit
- Emergencies like a gas leak or flood
- Routine maintenance or inspection of limited common elements (like balconies or ductwork)
Under Illinois’s Condominium Property Act (765 ILCS 605/18(j)), associations are allowed access to units when it’s necessary to maintain, repair, or replace common elements—or to handle an emergency.
What is a common element vs a limited common element?
- Common Elements: These are parts of the building shared by all—like the roof, foundation, hallways, or plumbing lines.
- Limited Common Elements: These are technically common elements, but they serve one or a few units—like a balcony, window, or HVAC duct exclusive to a single unit.
Even though limited common elements are “assigned” to a specific unit, the association is usually still responsible for their maintenance—and therefore may need to access the unit to fix them.
What Does the Law Require?
For Associations:
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Reasonable notice should be given before entering a unit, unless there’s an emergency.
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Access must be necessary—it must be for a legitimate repair, maintenance, or emergency related to common elements.
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Respect privacy and property—entry should be minimally invasive and professionally handled.
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For Owners:
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Cooperation is expected—refusing access for legitimate reasons can lead to fines or legal action.
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Emergencies change the rules—in urgent cases, associations can enter without notice.
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What Happens If an Owner Says “No”?
If an owner refuses entry:
- The board can pursue legal remedies, including a court order to gain access.
- Refusal might be considered a violation of the governing documents and subject to fines.
- In an emergency, the association can and should enter immediately to prevent damage.
What are best practices for boards
To stay out of trouble and on good terms with your community:
- Spell it out in your documents: Make sure your bylaws or rules clearly reflect your right to access units.
- Give written notice: When possible, provide at least 24-48 hours' written notice with a clear reason, timeframe, and who will be entering.
- Document everything: Keep a record of notices, entry dates, work performed, and any communications with owners.
- Train vendors and staff: Ensure they treat each unit respectfully—use protective gear, avoid damage, and clean up.
- Handle emergencies with care: Even in urgent situations, try to notify the owner as soon as possible before or after the fact.
Key Takeaways:
- Yes, associations can enter a unit—but only for legitimate reasons tied to common elements or emergencies.
- Owners must allow access, and boards must give notice and act reasonably.
- Good communication and clear policies help avoid legal battles and community tension.
Need help handling unit access issues or updating your governing documents?
Haus Financial Services offers expert guidance for Chicago-area condo associations. We help boards stay compliant and keep operations running smoothly.
