Condo Corner: Duty to Repair and Maintain

When Your HOA’s Management Company Refuses to Respond or Make Repairs: What Illinois Condo Owners Need to Know

Living in a condominium means relying on both the board of directors and, often, a professional management company to maintain the property. But what happens when the management company refuses to respond to requests or fails to make timely repairs?

Who Is Responsible?

Under the Illinois Condominium Property Act, the board of directors—not the management company—has the ultimate responsibility to maintain and repair the common elements of the property (765 ILCS 605/18.4). Boards can delegate duties to management companies, but delegation doesn’t erase the board’s fiduciary duty of care, loyalty, and good faith to unit owners.

In other words, if the management company fails, the board remains accountable.

IDFPR Oversight of Management Companies

Illinois requires most professional community association managers and firms to be licensed through the IDFPR. Licensed managers must comply with the Community Association Manager Licensing and Disciplinary Act, which sets standards for honesty, competence, and fiduciary responsibility. Unit owners (or boards) may file complaints with IDFPR if a management company is unresponsive or engages in misconduct.

More resources: IDFPR Condominium & Common Interest Community Ombudsperson.

Legal Recourse for Owners

If you’re a unit owner dealing with neglect, here are your avenues:

1. Request in Writing
   – Always put repair requests in writing, addressed to both the board and the management company. This creates a paper trail.
2. Hold the Board Accountable
   – Since the board has fiduciary duties, unit owners can demand that the board take corrective action. In Duffy v. Orlan Brook, the court recognized that boards breach fiduciary duty when they knowingly allow common element conditions to remain unrepaired.
3. Derivative or Direct Lawsuits
   – If the board refuses to act, unit owners may file a derivative action on behalf of the association, or in some cases a direct claim, to compel repairs or recover damages.
4. Seek Court Remedies
   – Courts have granted injunctions requiring boards to follow the law and even appointed custodians or provisional directors where boards and managers failed in their duties (Palm v. 2800 Lake Shore Drive Condo Ass’n).
5. File an IDFPR Complaint
   – If the problem stems from the management company itself (stonewalling owners, ignoring maintenance obligations, or mishandling funds), owners can file a complaint with IDFPR. This can result in investigation, discipline, or even license revocation.

Bottom Line

A management company that refuses to respond is not just being rude—it may be exposing the board to liability. Boards cannot escape responsibility by pointing the finger at their manager. Owners have rights under both the Condominium Property Act and IDFPR rules to demand accountability and, if necessary, pursue legal action.