Illinois HOA Selective Enforcement Challenge Letter

If your Illinois HOA or condo association is fining you for a rule violation while ignoring the same conduct by your neighbors, you may have a strong selective enforcement defense. Illinois law requires associations to enforce their declarations, bylaws, and rules uniformly and in good faith. When boards target certain owners while overlooking identical violations by others, courts have refused to enforce the rule and have awarded attorney's fees to the homeowner. A well-drafted demand letter citing the Illinois Condominium Property Act or the Common Interest Community Association Act can stop unfair fines, reverse violation notices, and force the board to apply rules consistently. This page explains how Illinois selective enforcement law works and how a demand letter can resolve your dispute without litigation.

Illinois recognizes selective enforcement as a valid defense to HOA rule enforcement actions. Under the Illinois Condominium Property Act (765 ILCS 605/18.4), board members owe fiduciary duties to act in good faith and in the best interests of all unit owners, which includes consistent enforcement of the declaration, bylaws, and rules. The Common Interest Community Association Act (765 ILCS 160/1-30) imposes similar obligations on non-condominium HOAs and townhome associations. Illinois courts, beginning with cases like Wolinsky v. Kadison and reinforced in later decisions, have held that an association cannot enforce a restriction selectively against one owner while permitting the same violation by others. To establish selective enforcement, an owner generally must show: (1) the rule was violated by other owners, (2) the board knew or should have known of those violations, and (3) the board chose not to act against them. If proven, courts may refuse to enforce the rule against the targeted owner, void any fines or liens, and order the association to pay reasonable attorney's fees under 765 ILCS 605/9.2(b), which authorizes fee-shifting to the prevailing party in actions brought to enforce the declaration, bylaws, or rules. Illinois also requires associations to provide notice and an opportunity to be heard before imposing fines (765 ILCS 605/18.4(l)), and rules must be reasonable. Boards that adopt rules to target a single owner, or that fail to enforce them evenhandedly, risk losing not only the specific enforcement action but also their ability to collect fees, fines, and assessments tied to the disputed violation.

A selective enforcement demand letter in Illinois works because boards and their attorneys know the fee-shifting risk under 765 ILCS 605/9.2. The letter should identify the specific violation notice or fine, cite the declaration or rule the association claims you violated, and then list comparable violations by other owners that the board has ignored, with addresses, dates, and photos when possible. Reference the board's fiduciary duty under 765 ILCS 605/18.4 (or 765 ILCS 160/1-30 for non-condo HOAs) and the uniform enforcement requirement established by Illinois case law. Demand that the board: (1) rescind the violation notice and any related fines or late fees, (2) remove any lien or charge from your account ledger, (3) confirm in writing that enforcement will be applied uniformly going forward, and (4) preserve all enforcement records, board minutes, and correspondence. Set a firm 21-day deadline for written response. Send the letter by certified mail to the registered agent and by email to the property manager and board president, and keep proof of delivery. Most Illinois associations route these letters to counsel, who will weigh the cost of litigating against an owner with documented comparators and a fee-shifting statute. Many disputes settle at this stage with the violation withdrawn. If the board refuses, the letter becomes key evidence of bad faith and supports a later request for attorney's fees in court or arbitration.

Illinois small claims court handles disputes up to $10,000 and is filed in the circuit court of the county where the property sits. Filing fees typically range from $89 to $237 depending on the county. For claims above $10,000, file in the regular civil division. Owners may also seek injunctive relief in chancery court to stop enforcement or remove a lien, which is not subject to the small claims cap. Under 765 ILCS 605/18.4(l), associations must offer an internal hearing before imposing fines, and you should request one in writing to preserve the record. The statute of limitations for breach of the declaration is generally ten years for written contracts (735 ILCS 5/13-206). Mediation is encouraged and sometimes required by association bylaws.