9-104.3.Applicability of Article.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/9-104.3
Plain-English Summary
A homeowners' or common interest community association can't use this Article's condominium-style eviction procedures automatically. It has to elect coverage under Section 9-102(a)(8), and meet the conditions in Section 9-102(b) -- being a nonprofit corporation or limited liability company, giving unit owners the right to attend board meetings, and either voting to opt in after set effective dates or recording its declaration afterward.
Once opted in, the association follows the same procedures and has the same rights and responsibilities that govern condominium associations throughout this Article -- the same demand requirements, the same stay provisions, and the rest of the machinery built for condominiums.
Frequently Asked Questions
Can a homeowners' or common interest community association use this Article's eviction procedures against a delinquent owner?
Yes, once it has elected under Section 9-102(a)(8) to have this Article apply.
What procedures does an opted-in common interest community association follow?
The same procedures, rights, and responsibilities that condominium associations follow under this Article.
Where are the conditions for a community association to opt in?
In subsection (b) of Section 9-102.
Does this section create a new eviction remedy?
No, it extends the existing condominium-association procedures to qualifying community associations once they elect coverage.
Does electing coverage under this section change the notice requirements?
No, the same demand and notice rules that apply to condominium associations, including those in Section 9-104.1, apply here as well.
Amendment History
(Source: P.A. 84-1308.)