Updating owners on changes to association rules

Q. I have concerns regarding our recently revised rules for our condominium association. The board distributed a revised rules manual to all of the owners that will soon be officially approved by the board at an upcoming meeting. Nothing was included in telling the owners which of the rules were changed, new or deleted. Previously, whenever changes were made, the owners were informed what the “old version” of the rule was, and then the “new version” was clearly specified. Is this an acceptable way for our new rules manual to be distributed to the residents?

A. The Condominium Property Act provides the procedure for a board to amend the rules. Rules covering the details of the operation and use of the property may be amended by the board at a board meeting. The adoption of rules does not require the vote of the unit owners. The Act provides that there must first be a meeting of the unit owners called for the specific purpose of discussing the proposed rules before there is a meeting of the board to adopt the rules. The two meetings can be held back-to-back on the same evening. No quorum is required at the meeting of the unit owners.

Importantly, the notice of the unit owner meeting must also include the full text of the proposed rules. Best practices dictate that the board should provide the owners with some meaningful description of the proposed revisions to the existing rules. Distributing a complete set of the association’s rules, without distinguishing between the existing rules and the rules that are proposed to be changed or proposed new rules, doesn’t seem to meet the spirit and intent of the law. Given today’s technology, it isn’t difficult to create a document that at least highlights the provisions in a rules manual that have been changed or that are new. Although not legally required, it would certainly be a process improvement for your board.

Q. I live in a single family detached home development. I have discovered that our declaration of covenants and restrictions, recorded in 1990, is outdated and the bylaws and architectural guidelines were not recorded as required by the declaration. I have encouraged the board to update and record all documents. This was met with animosity and the refusal to change anything. Shouldn’t the board do this, and what are my options if it won’t?

A. I am assuming that your association is a common interest community association. The association can amend the declaration and bylaws as may be required to conform to the Common Interest Community Association Act. This can be accomplished in one of two ways. It can be done by vote of two-thirds of the members of the board of directors (without unit owner approval). Or, it can be done by a majority vote of the members of the association at a meeting called for this purpose.

I have seen many associations rely to their detriment on outdated governing documents. These simplified amendment procedures should be investigated by the board of associations from time to time to ensure that their governing documents are up to date.

Given the board’s fiduciary duty, it is important for the association’s governing documents to conform to the governing law. If the board won’t do this, the owners should consider following a process to call a meeting of the owners for the purpose of voting to approve the update of the governing documents and to direct the board to do so. Or, elect a board that understands the need to do amend the documents.

Special Legislation Update: On Friday, July 31, 2026, Gov. Jay Pritzker signed Public Act 104-0734 into law concerning mandatory Association Collection Policies and Disclosures. The law goes in effect on Jan. 1, 2027. For more details, see our column from July 23, 2026: https://www.dailyherald.com/20260722/real-estate/new-law-requires-hoas-to-adopt-follow-collection-policy/.

• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at condotalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.