Title
Ordinance Amending Orland Park, IL Code of Ordinances: Title 5-112 Development and Subdivision Requirement, Chapter G (Private Improvement), Section 5. Homeowners Association (HOA) Facility Transfer Program
History
Project: 2026-0860 Text Amendment for the Homeowners Association (HOA) Facility Transfer Program (Plan Commission / Board of Trustees)
See also 2026-0678 (Committee of the Whole)
This agenda item is being considered by the Committee of the Whole and the Village Board of Trustees on the same night.
Request:
Approval of an amendment to the Land Development Code, by adding Section 5 Homeowners Association (HOA) Facility Transfer Program to Section 5-112 Development and Subdivision Requirement, Chapter G Private Improvement.
The ordinance would establish a standardized application, review, and approval process for HOA facility transfer requests, and would condition any Village acceptance of such facilities on the successful creation of a Special Service Area (SSA) sufficient to fund both capital improvements and ongoing maintenance, when applicable.
PLAN COMMISSION SUMMARY
Six commissioners were present at the Plan Commission meeting. The petitioner was absent; staff members were in attendance. Following staff’s presentation, members of the public were given an opportunity to speak. There were no public comments on the proposed text amendment. The following summarizes the major topics discussed during the meeting:
Commissioners questioned the change in Public Works' stated position regarding maintenance of additional ponds and associated infrastructure. The discussion centered on the critical nature of ponds as components of the Village's larger stormwater management system. It was noted that failure of a single pond could have cascading implications throughout the system, affecting both upstream and downstream infrastructure. It was also pointed out that a comprehensive pond study was conducted by Public Works that assessed and graded all ponds in the Village. Over the years, Homeowners' associations have received notifications regarding the assessment of the condition of their respective ponds.
Commissioners raised questions regarding the Village's operational capacity to maintain additional infrastructure, specifically addressing personnel and resource allocation required for long-term pond and stormwater system maintenance.
Discussion included the available enforcement mechanisms for ensuring HOA compliance with maintenance obligations:
• Municipal Court: Used to address and correct violations
• Circuit Court: Available for pursuing injunctive relief when necessary
The Village attorney identified that eminent domain is not a suitable or practical route for addressing situations in which HOAs neglect their maintenance responsibilities. Should the Village assume maintenance obligations without corresponding authority to collect costs from residents, the Village would bear the financial and operational burden with limited recourse.
Commissioners discussed the proposed $10,000 fee and whether it is an appropriate cost for HOA participation in the maintenance program. It was noted that the fee could serve as a deterrent for HOAs that are not serious about their intent to transfer the facility to the Village. Additionally, it was noted that SSA payments are incorporated into property tax bills for the affected properties only, and the facility maintenance is not subsidized by Village-wide taxpayers. Note: The proposed ordinance for the Committee of the Whole's consideration does not include the invoice requirement in Section 5-112.G.5. Application Process.
Staff outlined the standardized application process as follows: When Public Works receives a request for facility transfer by an HOA, Public Works will conduct an existing conditions analysis, and with help from Finance, calculate and present a per-household SSA cost based on analysis findings. And it will be up to the HOA to make an informed decision to accept or reject the Village's terms.
The Plan Commission voted unanimously, 6-0, to recommend approval of an amendment to the Land Development Code. The item is now before the Board for consideration.
PLAN COMMISSION RECOMMENDED ACTION
Regarding Case Number 2026-0860, Text Amendment for Homeowners Association (HOA) Facility Transfer Program, Plan Commission recommends the Board of Trustees to approve the Staff Recommendation Action as presented in the Staff Report to the Plan Commission for this case.
Recommended Action/Motion
I move to recommend to the Village Board adopting the Ordinance as presented.
(Full motion - not necessary to be read)
I move to recommend to the Village Board adopting an Ordinance entitled: ORDINANCE AMENDING ORLAND PARK, IL CODE OF ORDINANCES: TITLE 5-112 DEVELOPMENT AND SUBDIVISION REQUIREMENT, CHAPTER G (PRIVATE IMPROVEMENT), SECTION 5. HOMEOWNERS ASSOCIATION (HOA) FACILITY TRANSFER PROGRAM.