Our initial scan found 6 potential issues in your governing documents.
We checked the 3 public PDFs on Apple Canyon Lake POA’s website against current Illinois and federal HOA law—and more issues may exist depending on the documents you load.
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Declaration of Covenants, Conditions & Restrictions · Sec. Amended and Restated Declaration of Covenants, Article VI & Article VII · Page 1
IL Manual Attorney Audit Finding (Amended and Restated Declaration of Covenants, Article VI & Article VII — [Amended and Restated Declaration of Covenants, Article VI & Article VII] Annual and Special Assessments, Continuing Lien, and Collection Remedies — Each Owner of a Lot, by acceptance of a deed therefor, covenants and agrees to pay to the Association annual assessments and special assessments fixed and established by the Board of Directors. All unpaid assessments, together with interest, late charges, fines, and reasonable attorneys' fees and costs of collection, shall be a continuing lien upon the Lot against which the assessment is made and the personal obligation of the Owner. The Board may suspend the voting rights and amenity/lake privileges of any Owner whose account is delinquent for more than 30 days.): Governing document provision conflicts with 765 ILCS 160/ (Common Interest Community Association Act); 765 ILCS 605/ (Illinois Condominium Property Act) or lacks mandatory statutory safeguards.
Operative Clause · Sec. Amended and Restated Declaration of Covenants, Article VI & Article VII (Page 1)
“The Board may suspend the voting rights and amenity/lake privileges of any Owner whose account is delinquent for more than thirty (30) days.”
Why It’s Flagged
765 ILCS 160/ (Common Interest Community Association Act); 765 ILCS 605/ (Illinois Condominium Property Act)
1.
Pre-Fine Notice & Opportunity to Be Heard Defect under the Illinois Common Interest Community Association Act (765 ILCS 160/1-30(g)): The Rules and Regulations on Citations and Fines allow Association Security/Code Enforcement to immediately assess a monetary fine upon issuing a citation, placing the burden on the owner to appeal within 14 days or else the fine becomes final.
Under the Illinois Common Interest Community Association Act (CICAA), 765 ILCS 160/1-30(g), the board may levy a reasonable fine for violation of the declaration, bylaws, or rules and regulations of the community association ONLY 'after notice and an opportunity to be heard.' Assessing a fine first and offering only a post-assessment appeal reverses the mandatory statutory pre-deprivation sequence under 765 ILCS 160/1-30(g).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Section Amended and Restated Declaration of Covenants, Article VI & Article VII to conform with 765 ILCS 160/ (Common Interest Community Association Act).
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
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