Legal Question in Real Estate Law in Illinois

Re: Home owners associations

It is probably in the subdivision declaration documents. This generally will not appear on the deed or the contract, but it should be in the title policy.

Re: Home owners associations

The Contract probably says something along the lines of "...if there's an association, blah, blah, blah (or "yada, yada, yada" if you're a Seinfeld fan). So it's probably addressed there in some fashion.

I'm not sure what your deed says, but there's no way around it if there's an Association; it runs with the land. And what their rights are depends on the documents that establish the Association. But if there's an Association, they must do something (you'd think) and that something must cost something.

Further, it's not uncommon to have the ability to place liens for charges to homeowners. The association is the collection of homeowners. So that's really the legal entity that owns the street, etc., not the homeowners individually.