Rules and regulations are a valuable tool for condo associations. They spell out the community’s “do’s and don’ts” and often clarify what’s already in the declaration. But here’s the key: rules can’t conflict with the declaration. If they do, they won’t be enforceable.
A recent article by Keough & Moody, P.C. reviewed two recent Illinois cases make this clear. In Kubik v. Darien Club Owners Association (2025), the association’s manual prohibited fences, even though the declaration allowed them with committee approval. The court ruled that the manual couldn’t override the declaration. Similarly, in Stobe v. 842-848 West Bradley Place Condominium Association (2016), the board tried to impose a leasing cap by rule. Because the declaration already addressed leasing, the rule was struck down.
The lesson: If your declaration covers a topic, the only way to change it is by amending the declaration itself, not by adopting rules.
Skipping that step can lead to unenforceable rules and costly disputes.
Before adopting new rules, ask:
- What does the declaration already say?
- Could this rule conflict with it?
- Should we seek legal guidance first?
Getting it right up front saves time, money, and headaches later.
At Haus Financial Services, we know that strong financial and governance practices go hand in hand. Our team helps community associations stay compliant, financially stable, and focused on the long-term. If your board needs support navigating rules, declarations, or the financial side of condo management, we’re here to help.