# Illinois Condo: Who Pays for Common Element Repairs? | Who Pays the Repair?

> In an Illinois condo the board of managers is responsible for upkeep of the common elements under 765 ILCS 605/18.4; the unit interior is the owner's per the declaration.

**Who pays:** shared

In an Illinois condo, the Condominium Property Act makes the board responsible for the upkeep, maintenance and replacement of the common elements; the unit interior is the owner's under the declaration.

**Boundary:** 765 ILCS 605/18.4(a): the board's duties include operation, care, upkeep, maintenance, replacement and improvement of the common elements. The Act does not state a general unit-maintenance duty as cleanly as UCIOA states, the owner's duty for the unit interior flows from the recorded declaration/condominium instruments. Declaration spending limits cannot block repair/replacement of existing common elements.

**Property owner:** Maintain the unit interior per the recorded declaration/condominium instruments.

**City / agency:** The board of managers provides for the operation, care, upkeep, maintenance, replacement and improvement of the common elements.

**Exceptions:** The declaration controls unit-vs-common boundaries and any reallocation; Large improvement expenditures (>5% of annual budget) can trigger an owner-petition/ratification vote

## Sources
- [765 ILCS 605/18.4: Powers and duties of board of managers](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=076506050K18.4) — "The powers and duties of the board of managers shall include, but shall not be limited to, the following: (a) To provide for the operation, care, upkeep, maintenance, replacement and improvement of the common elements." (accessed 2026-09-13)
- [765 ILCS 605/18.4 full text (context)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=076506050K18.4) (accessed 2026-09-11)
- [765 ILCS 605/18.4: Condominium Property Act, Powers and Duties of the Board of Managers](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=076506050K18.4) — "the improvement results in a proposed expenditure exceeding 5% of the annual budget, the board of managers, upon written petition by unit owners with 20% of the votes of the association delivered to the board within 21 days of the board action to approve the expenditure, shall call a meeting of the unit owners" (accessed 2026-09-27)

_Last verified 2026-09-14. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/illinois-condo-who-pays-common-element-repair/ — every claim checked against a primary source before publication (see /methodology/)._
