THE LAW AS TO FINES:
Illinois Condominium Property Act

I. as to condominiums . . .

(765 ILCS 605/18.4)

Sec. 18.4. Powers and Duties of Board of Managers.

The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association. The powers and duties of the board of managers shall include, but shall not be limited to, the following:

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(l) To impose charges for late payment of a unit owner's proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard , to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association. [emphasis added]II. as to master associations and homeowners associations subject to 9-102(a)(8) of the Code of Civil Procedure [generally, associations established after the mid-1980's, and those earlier-established associations that are incorporated as not for profit corporations, whose owners are entitled to vote at meetings as are condominium unit owners and whose boards have voted to have the provisions of the Forcible Entry and Detainer Act apply to the association]

(765 ILCS 605/18.5)

Sec. 18.5. Master Associations.

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(c) (7) The board of the master association or a common interest community association shall have the power, after notice and an opportunity to be heard , to levy and collect reasonable fines from members for violations of the declaration, bylaws, and rules and regulations of the master association or the common interest community association. Nothing contained in this subdivision (7) shall give rise to a statutory lien for unpaid fines. [emphasis added]III. as to as to master associations and homeowners associations subject to 9-102(a)(8) of the Code of Civil Procedure - CHECK GOVERNING DOCUMENTS

IN OTHER WORDS-as to associations in the first two categories, DO NOT FINE WITHOUT NOTICE AND THE OPPORTUNITY TO BE HEARD³-there should be no "automatic" fines from someone calling in an improperly parked car, a trash can at the curb, a pile after Fido moves on, etc.

³ NOTE: Many associations use fine schedules, assigning fines by rote; this author's preferred approach (for legal enforceability) is to use any fine schedule only as an internal guideline for the board. The board still must hold a hearing to consider evidence of the purported violation and discuss the proper fine in the circumstances based on the guidelines. It votes on the violation and fine in subsequent open session.