Violation Process Follow

For information on Vantaca violations: https://support.vantaca.com/hc/en-us/articles/360046074352-Violation-Inspection-Review

Most Declarations for both Condominium and for Common Interest Community Associations have provisions for the enforcement of governing documents if there has been a violation. 

Please see the latest legal update regarding the violation process in Illinois - here. 

The Board of an Association has the power to levy a fine, after giving notice to the violating Owner, stating in that notice: 

1. the substance of the violation; 
2. the right to be heard before the Board if the Owner contests the violation; 
3. the opportunity to cross-examine the witness who brought the violation to the attention of the Board or its agent or the person who saw the violation occur; 
4. and the right to be represented by an attorney at the hearing. 

This notice is necessary and is referred to as procedural due process. 

The Board, after considering the testimony and information presented at a hearing, can levy and collect a reasonable fine from the Owner. 

Other information: 

In an update to the Illinois Condo Act, the 2018 court case of Boucher v 111 East Chestnut Condominium Association created two major changes when boards consider violation hearings. They are as follows:

1. Providing Evidence of Violations

- The appellate court in Boucher held that the Board must provide evidence, upon request, in order to exercise its power to levy fines. Boards must now provide documentation of written complaints, video footage, or testimonial reports of the violations alleged.

2. Considerations When Issuing Violations.

- In light of the Boucher decision, Illinois courts are more inclined to consider insulting and aggressive language against employees and management to be “free speech.” There is, unfortunately, there is no law against being a jerk to your neighbors, even in associations. However, whereas before, standard practice was to issue a violation under the declaration’s “noxious and offensive activity” provision, the Boucher ruling has changed that; before issuing a violation and / or fine against someone for inflammatory speech or behavior, it’s best to check with your attorney to determine if doing so would expose the association to liability.

For information about executive session, see (Executive Session & Executive Meeting Log).

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