By: Charles Keough
Keough & Moody, PC
Naperville and Chicago

A community association’s declaration, plat of survey/subdivision, bylaws, rules and regulations, and Articles of Incorporation are important documents that members may be interested in reviewing. In the case of a declaration, bylaws and rules and regulations, members should have a working knowledge of such documents. Failure to comply with these instruments may result in serious consequences. Yet commonly, unit owners do not have copies of these documents or even know where to find them. This article provides simple instructions for members of condominium or common interest community associations interested in locating these important materials.

Written Request to the Board

Every member of an association has the right to examine and make copies of the association’s declaration, bylaws, plat, rules and regulations, and Articles of Incorporation. After submitting a written request to the Board or its authorized agent identifying the documents sought for examination, the Board will typically make the requested records available within thirty days. Be prepared to pay a fee however; the Board is permitted to charge for the actual cost of retrieving and copying these records.

Additional Options

Alternatively, if an owner would like to locate and review one of these documents without submitting a written request to the Board, the process will depend on the document sought:

Declaration, Plat, and Bylaws: In order for a property to be legally considered a condominium or common interest community association, the declaration, plats of survey, and bylaws (either embodied in the Declaration or attached as an exhibit) must be recorded in the office of the recorder of the county where the property is located. There, it is easy for a unit owner to find any documents recorded against their property using their name and Property Index Number (PIN). Though a plat may be difficult or impossible to locate online, generally declarations and bylaws are available online (but may be date-restricted).

Rules and Regulations: Unfortunately, you will not typically find these recorded in the county recorder’s office. These you may obtain on your association’s website or from management and/or the board of directors.

Articles of Incorporation: To obtain copies of an association’s Articles of Incorporation, the Illinois Secretary of State’s Office requires: 1) a request by mail sent to “Secretary of State Corporations Division, 501 S. Second St., 3rd Fl., Springfield, IL 62756” along with a $25.00 check, or 2) a request by telephone to 217-782-6875 with a $27.50 credit card payment. However, much of the important information contained in the Articles of Incorporation—such as the legal name, status, date of incorporation, or names and addresses of the registered agent, president, and secretary—is available for free on the Secretary of State’s website at https://www.ilsos.gov/corporatellc/CorporateLlcController.