HOA & condo fidelity bonds

Buy a Illinois HOA or condo fidelity bond

Illinois uses different rules for HOAs and condominiums. Non-condominium communities with at least 30 units generally need the amount commercially available or reasonably needed to protect association funds, while condominiums with at least six units generally need coverage for all funds and reserves held by the association or manager.

Bond Options

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Illinois HOA Fidelity Bond

Illinois Condo Association Fidelity Bond

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Does this apply to my association?

Determine whether the property is a non-condominium common-interest community or a condominium, then apply the correct unit threshold and management-company provisions.

Illinois condominium rules overlap. Check the unit count, residential use, management control, and who holds the funds before selecting a limit.

What coverage does my association need?

HOA requirements

Non-condominium common-interest community

765 ILCS 160/1-55
Does this apply to my association?
A common-interest community association with 30 or more units.
How much coverage do I need?
Maximum amount commercially available or reasonably required to protect funds in association custody or control. A responsible management company follows the same standard for funds in its custody at any time.
What should I prepare?
The law gives no numeric formula or method for choosing the amount. Ask for the coverage amount, available quotes, and the association’s reason for selecting it.
Who and what must coverage include?
Persons controlling or disbursing association funds are covered. The management-company bond protects funds it holds or administers. Named perils are not enumerated.
Are there exceptions or waivers?
No owner waiver. Associations under 30 units are outside § 1-55’s mandate. A contract may shift the cost to the management company.
When do I need coverage?
Obtain and maintain coverage. The law gives no fixed renewal interval or date for measuring the amount.
What records do I need?
The management company must furnish its fidelity bond to the association. No government filing is stated.

Condominium requirements

Condominium association

765 ILCS 605/12(a)(3), 18(g), 18.7(d)
Does this apply to my association?
Section 12’s primary fidelity rule applies at 6+ dwelling units. Section 18(g) adds an overlapping rule at 30+ units. Manager sole-access safeguards apply to community associations with 6+ residential units.
How much coverage do I need?
Cover the full amount of association funds and reserves held by the association or management company. The expired $250,000 fallback in § 18(g) is not a current cap.
What should I prepare?
Sections 12 and 18(g) overlap. For a covered condominium, use the full amount of funds and reserves held by the association or management company.
Who and what must coverage include?
Persons controlling or disbursing funds are covered, including the managing agent and employees. Manager-firm and association fund handlers are included under § 18.7(d). Named perils are not specified.
Are there exceptions or waivers?
No residential owner-vote waiver. Section 12 may be varied or waived when every unit is restricted to nonresidential use.
When do I need coverage?
Maintain coverage. Section 12 addresses policies issued or renewed on or after June 1, 2015. The insurer gives at least 10 days’ written cancellation or nonrenewal notice under § 18.7(d).
What records do I need?
The management company furnishes the bond to the association. The association is the direct obligee under § 18(g). No government filing is stated.

How do I prepare to buy?

1

Classify the community as condominium or non-condominium and confirm unit count and residential-use restrictions.

2

Inventory all association funds and reserves held by the association and management company.

3

For a non-condominium 30-plus-unit community, document the commercially available or reasonably required amount. For a covered condominium, use full custodial funds plus reserves.

4

Obtain and retain the management-company bond and verify cancellation-notice and obligee provisions where applicable.

Common Questions

Do Illinois HOAs and condominiums use the same formula?

No. Section 1-55 governs 30-plus-unit non-condominium communities, while condominium provisions begin at six dwelling units and generally require all custodial funds plus reserves.

Is $250,000 a current condominium cap?

No. The temporary fallback in § 18(g) expired one year after September 21, 1985.

Can a residential condominium waive the bond?

The cited statutes provide no residential owner-vote waiver. Section 12 may be varied for an all-nonresidential condominium.

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Buying checklist

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