291 lines
19 KiB
Markdown
291 lines
19 KiB
Markdown
# Diagnostic Surface Category — Development Map
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**Version:** 1.0
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**Repository:** kane-diagnostics
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**Jurisdiction:** Illinois — Kane County primary, Illinois-wide where statute applies
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**Reference taxonomy:** CAI Community Association Annual Law Seminar categories
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**Lens:** Homeowner diagnostic — not association defense
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---
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## Purpose
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This document is the foundational map of the Kane Diagnostics system.
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It defines the Diagnostic Surface Categories — the legal surfaces where HOA governance disputes manifest — and maps each category against the ten Vital Signs that establish the structural preconditions of the association.
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The DSC map serves three audiences simultaneously:
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**Homeowners** — it names the conditions they are experiencing in the vocabulary courts and attorneys use, so they can describe their situation accurately and find the case law that applies to it.
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**Attorneys** — it organizes the homeowner-side diagnostic record by the same categories the legal community already uses, making it immediately legible as a case evaluation tool.
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**The public record** — it establishes a documented, versioned, publicly accessible taxonomy of HOA governance conditions that accumulates as the diagnostic corpus grows.
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---
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## The Vital Signs
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The Vital Signs are the structural preconditions of the association. They are established before any dispute begins. They determine which DSC categories are relevant, which case law applies, and what remedies are realistically available.
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Every diagnostic record in this system carries the Vital Signs of the association it describes.
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| Code | Vital Sign | Diagnostic question |
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| VS-01 | Association Type | Which statute applies — is the association correctly identified under Illinois law? |
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| VS-02 | Unit Size | Is the membership large enough to produce qualified governance from its own pool? |
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| VS-03 | Manager Certification | Is the manager subject to any external accountability standard — IDFPR or CAI? |
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| VS-04 | Manager-Board Separation | Does the same entity control both financial operations and financial recording? |
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| VS-05 | Bylaw Age and Amendment History | Are the Bylaws current — or void in part by operation of 765 ILCS 605/19(h)? |
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| VS-06 | Bylaw Certification Requirements | Does the governing document require any qualification to serve on the Board or as manager? |
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| VS-07 | Insurance — D&O Coverage | Do Board members understand their personal fiduciary liability exposure? |
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| VS-08 | Corporate Standing | Is the association legally authorized to act — is it in good standing with the Illinois Secretary of State? |
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| VS-09 | Financial Audit and Reserve Study | Has independent financial review ever occurred — is the association's financial condition verifiable? |
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| VS-10 | Declaration Recording Currency | Have all amendments been recorded with the County Recorder of Deeds — are they constructive notice? |
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---
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## The DSC Categories
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Each category is assessed on three dimensions:
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**Homeowner relevance** — how directly this category affects the ordinary homeowner
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**Vital Sign dependency** — which Vital Signs most change the diagnostic picture for this category
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**Development status** — Active / Incubator / Monitor
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---
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### Active Categories
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These ten categories are the immediate development priority. They cover the conditions most commonly experienced by homeowners and most directly supported by existing Illinois case law.
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---
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#### DSC-01 — Assessments
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**CAI reference category:** Assessments
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**Homeowner relevance:** Critical
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Assessments are the primary financial obligation of every homeowner and the most common basis for enforcement action against them. Assessment disputes involve the authorization of charges, the accuracy of the homeowner's ledger, the control of the payment mechanism, and the use of legal action to collect amounts the homeowner disputes.
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**Vital Sign dependencies:**
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- VS-01 — which statute governs assessment authority, lien rights, and collection procedures
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- VS-04 — when the same entity manages both operations and collections, conflicts of interest are structural
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- VS-08 — a dissolved corporation may have no valid lien authority
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- VS-09 — without independent audit, assessment irregularities cannot be independently verified
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**Homeowner diagnostic questions:**
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Was the assessment properly authorized by the Board under the applicable statute? Was the homeowner notified in the correct form and within the required timeframe? Does the amount on the homeowner's ledger match the association's records? Was the payment mechanism — ACH, portal, or direct billing — controlled by the association, and if so, who bears responsibility when the mechanism fails? Were attorney fees added to the homeowner's ledger — and were those fees properly authorized and itemized?
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---
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#### DSC-02 — Board Elections
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**CAI reference category:** Board Elections
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**Homeowner relevance:** Critical
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The Board's authority to assess, fine, enforce, and contract derives from its legitimate election. An illegitimately constituted Board has no valid authority. Election disputes involve the transparency of results, the application of quorum requirements, the use of secret ballots, and the continuity of incumbents beyond their authorized terms.
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**Vital Sign dependencies:**
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- VS-02 — in small associations, quorum thresholds may be structurally unachievable, indefinitely extending incumbent Boards
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- VS-05 — election procedures in old Bylaws may directly contradict current statute
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- VS-06 — Bylaws that require no qualifications allow incumbents to perpetuate control without challenge
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- VS-08 — a dissolved corporation has no valid Board
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**Homeowner diagnostic questions:**
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Were election results disclosed to the membership? Was the quorum threshold correctly calculated and honestly applied? Was the secret ballot procedure consistent with the Bylaws and current statute? Has the same Board served without a valid election — and for how long? Does the homeowner have access to the ballots and proxies from the preceding twelve months?
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---
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#### DSC-03 — Books and Records
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**CAI reference category:** Books and Records
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**Homeowner relevance:** Critical — foundational
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Document access is the foundation of every other diagnostic category. Without the Bylaws, the homeowner cannot verify whether the Board acted within its authority. Without the financial ledger, the homeowner cannot verify what they owe. Without the meeting minutes, the homeowner cannot verify what was decided. Without the contracts, the homeowner cannot verify what the association has committed to on their behalf.
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**Vital Sign dependencies:**
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- VS-01 — which statute governs access rights, timelines, and remedies
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- VS-03 — uncertified managers have no professional standard requiring record maintenance
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- VS-04 — consolidated control creates structural incentive to withhold records from the membership
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- VS-05 — unrecorded or superseded Bylaws may affect what documents legally exist
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- VS-10 — unrecorded amendments may be unenforceable regardless of whether they are produced
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**Homeowner diagnostic questions:**
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Was the request particular and in writing? Was the statutory deadline met — 30 calendar days for Tier 1, 30 business days for Tier 2? Was a subsection (g) exemption claimed — and was it valid for the specific document requested? Was the homeowner's own financial ledger withheld — and was subsection (g)(4) incorrectly invoked to justify that withholding? Was a third-party portal used to intermediate access to records or funds the homeowner is already entitled to?
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---
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#### DSC-04 — Board Authority
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**CAI reference category:** Board Authority
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**Homeowner relevance:** High
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The Board's authority is defined and limited by statute, Declaration, and Bylaws. Actions taken outside that authority are void. Board authority disputes involve actions taken without homeowner approval, contracts entered without proper authorization, and enforcement of rules the Board has no authority to impose.
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**Vital Sign dependencies:**
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- VS-01 — authority limits differ significantly by statute
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- VS-05 — old Bylaws may grant authority the current statute has withdrawn, or restrict authority the statute now requires
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- VS-06 — an unqualified Board may not understand the limits of its authority
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- VS-08 — a dissolved corporation has no valid Board authority
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**Homeowner diagnostic questions:**
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Was the Board action within its statutory authority — or did it require homeowner approval that was never sought? Was a contract entered without the Board authorization the Bylaws require? Did the Board act on a matter that required a vote — a special assessment, a rule change, a major expenditure — without holding that vote?
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---
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#### DSC-05 — Association Operations
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**CAI reference category:** Association Operations
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**Homeowner relevance:** High
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How the association conducts its day-to-day business determines whether homeowners can participate in governance. Operations disputes involve meeting notice, agenda control, minute-keeping, and the exclusion of homeowner concerns from the official record.
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**Vital Sign dependencies:**
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- VS-02 — small associations operate informally, creating systematic procedural failures that are not accidental
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- VS-05 — operating procedures may be prescribed by outdated Bylaws that predate current statute
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- VS-06 — unqualified Board members may not know what proper operations require
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**Homeowner diagnostic questions:**
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Were meeting notices provided in the form and timeframe the Bylaws require? Were minutes kept — and are they available to members? Were homeowners given an opportunity to speak at meetings? Was the agenda controlled to exclude homeowner concerns — and is that control documented in the minutes?
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---
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#### DSC-06 — Management Company
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**CAI reference category:** Management Company
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**Homeowner relevance:** High
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The management company is the primary operational contact for most homeowners and the entity most likely to control records, finances, and communications. Management company disputes involve certification status, scope of authority, conflicts of interest, and actions taken outside the management contract.
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**Vital Sign dependencies:**
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- VS-03 — the central Vital Sign for this category: is the manager IDFPR-licensed and CAI-certified?
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- VS-04 — the most structurally dangerous condition: the same entity managing operations and finances
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- VS-02 — small associations cannot attract certified managers from the open market
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- VS-06 — Bylaws that do not require certification enable uncertified management indefinitely
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**Homeowner diagnostic questions:**
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Is the property manager IDFPR-licensed as a Community Association Manager? Does the manager hold any CAI certification recognized by courts as evidence of professional competence? Does the same entity serve as both property manager and financial manager? Has the manager acted outside the scope of their contract — initiating legal action, withholding records, or controlling payments — without Board authorization? Did the manager stop ACH withdrawals without notice, then participate in a delinquency claim based on the non-payment that resulted?
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---
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#### DSC-07 — Covenant Enforcement
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**CAI reference category:** Covenant Enforcement
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**Homeowner relevance:** High
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Selective, retaliatory, or procedurally defective enforcement is one of the most commonly documented diagnostic conditions. Enforcement disputes involve the consistency of rule application, the adequacy of notice, the proportionality of the response, and the correlation between enforcement actions and prior homeowner complaints or document requests.
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**Vital Sign dependencies:**
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- VS-05 — enforcement authority may be based on outdated or void Bylaw provisions
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- VS-06 — unqualified Board members may enforce rules inconsistently, selectively, or retaliatorily
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- VS-04 — consolidated control enables simultaneous financial and enforcement pressure against the same homeowner
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**Homeowner diagnostic questions:**
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Was the rule applied consistently across all similarly situated homeowners? Was the homeowner notified of the rule — and given a copy of the rule — before enforcement began? Was the enforcement action proportionate to the alleged violation? Did enforcement actions escalate after the homeowner filed a complaint, requested documents, or attempted to organize other homeowners?
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---
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#### DSC-08 — Attorney's Fees
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**CAI reference category:** Attorney's Fees
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**Homeowner relevance:** High
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Attorney fee shifting is the mechanism by which document access enforcement becomes affordable or unaffordable for homeowners, and the mechanism by which the association converts assessment disputes into legal expenses the homeowner funds through their own assessments.
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**Vital Sign dependencies:**
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- VS-03 — uncertified managers generating unnecessary legal activity without professional accountability
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- VS-04 — consolidated entity billing both management fees and legal coordination fees to the same homeowner account
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- VS-09 — attorney fees charged to homeowner accounts without independent verification of the amount or authorization
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**Homeowner diagnostic questions:**
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Were attorney fees charged to the homeowner's account — and were those fees properly authorized by the Board? Does the amount charged to the homeowner's account match what the attorney actually billed the association? Were fees charged for a cease and desist that was sent after the homeowner had already complied? Does the total amount spent by the association in attorney fees exceed the amount actually in dispute — and by what ratio?
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---
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#### DSC-09 — Maintenance
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**CAI reference category:** Maintenance
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**Homeowner relevance:** High
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Maintenance obligation disputes define what the association is responsible for versus what the homeowner is responsible for. The misallocation of repair costs — charging homeowners for repairs that are the association's statutory obligation — is a recurring diagnostic condition closely linked to assessment and contract disputes.
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**Vital Sign dependencies:**
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- VS-01 — maintenance boundaries differ by statute, Declaration, and unit configuration
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- VS-09 — without independent audit, maintenance expenditures and their allocation cannot be verified
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- VS-05 — old Bylaws may describe maintenance boundaries that predate current construction standards or statutory requirements
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**Homeowner diagnostic questions:**
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Was the maintenance obligation correctly assigned — association common element or homeowner unit — under the applicable statute and Declaration? Was the repair properly authorized by the Board? Was the cost properly allocated among unit owners — and was the allocation methodology disclosed? Was the homeowner charged for a repair that was the association's statutory obligation?
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---
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#### DSC-10 — Foreclosure
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**CAI reference category:** Foreclosure
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**Homeowner relevance:** Critical
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Foreclosure is the terminal enforcement action. It represents the complete failure of every prior diagnostic condition — document access was denied, financial records were withheld, assessments were disputed, and legal escalation was chosen over resolution. A homeowner facing foreclosure needs to understand whether every statutory precondition was met.
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**Vital Sign dependencies:**
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- VS-01 — foreclosure authority, lien priority, and procedure differ significantly by statute
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- VS-08 — a dissolved corporation may have no valid lien or foreclosure authority
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- VS-09 — the amount claimed in a foreclosure action must be independently verifiable
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**Homeowner diagnostic questions:**
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Was the lien properly recorded with the County Recorder of Deeds — and at the correct amount? Was the amount claimed in the foreclosure action accurate, itemized, and reconcilable against the homeowner's own records? Were all statutory notice requirements met before the lien was recorded and before the foreclosure action was filed? Was the foreclosure action authorized by a validly constituted Board with current corporate standing?
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---
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### Incubator Categories
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These categories are scoped and defined. They will be developed when the diagnostic corpus contains sufficient participant accounts to support case law entry and pattern identification.
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| Code | Category | Primary Vital Sign | Elevation trigger |
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| DSC-11 | Amendments | VS-10, VS-05 | When amendment enforcement disputes appear in corpus |
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| DSC-12 | Architectural Review | VS-05, VS-06 | When retaliatory review pattern is documented |
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| DSC-13 | Association Powers | VS-01, VS-08 | When ultra vires Board actions are documented |
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| DSC-14 | Insurance | VS-07 | When D&O or property coverage disputes appear |
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| DSC-15 | Fair Housing | VS-01 | When discriminatory enforcement pattern is documented |
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| DSC-16 | Contracts | VS-04, VS-09 | When vendor conflict of interest is documented |
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| DSC-24 | Fair Debt Collection | VS-03, VS-04 | When collection dispute accounts accumulate |
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---
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### Monitor Categories
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These categories are named and tracked. They will not be developed until the Active and Incubator categories have depth.
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DSC-17 Leasing — DSC-18 Bankruptcy — DSC-19 Civil Procedure — DSC-20 Construction Defects — DSC-21 Developer Control Transition — DSC-22 Premises Liability — DSC-23 Property Tax — DSC-25 Corporate, Easements, and Government
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---
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## The Vital Signs and DSC Interaction
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The Vital Signs are not a checklist. They are a diagnostic lens. The same DSC category — for example, DSC-02 Board Elections — means something entirely different when the Vital Signs show:
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**Association A:** 200-unit condominium, IDFPR-licensed CAM, Bylaws amended within five years, corporation in good standing, D&O coverage in place.
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**Association B:** 14-unit condominium, uncertified property manager who also serves as financial manager, Bylaws unchanged since 1987, corporation administratively dissolved, no D&O coverage.
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In Association A, a Board election dispute may be a procedural error. In Association B, the same dispute is the predictable output of a governance structure that was never designed to produce accountable elections.
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The Vital Signs make that distinction visible before the case law is applied. That distinction is what makes the Kane Diagnostics record useful to an attorney — and what makes it different from every other HOA resource currently available.
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---
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## Relationship to the CAI Taxonomy
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The CAI Community Association Annual Law Seminar publishes annual case law summaries organized by the same category names used in this map. The CAI taxonomy is the correct legal vocabulary. Kane Diagnostics adopts it directly.
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The difference is the lens.
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CAI's case law summaries are written for association managers, Board members, and the attorneys who represent associations. The diagnostic question is: what does this case mean for how the association should operate?
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Kane Diagnostics case law entries are written for homeowners and the attorneys who represent them. The diagnostic question is: what does this case mean for a homeowner experiencing this condition — and what does it establish about the association's obligations and the homeowner's rights?
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Same cases. Same citations. Different diagnostic lens.
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This is not friction. It is completion. The legal system requires both perspectives to function properly. Currently, only one is organized and accessible. This project organizes the other.
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