Billls Introduced
Bills are posted as introduced. You can sign up to receive legislative email alerts by going to our home page and submitting your email address to the right. To view the full text of a bill, go to www.ilga.gov and enter the bill number to the left.
Note: "ICPA" stands for Illinois Condominium Property Act
If you have an opinion on any of the bills or concepts, please let the ACTHA office know by emailing gael@actha.org or calling 312-987-1906.
Introduced in 2010:
HB 4934 (Nekritz) Provides that in determining the moral character of an applicant for manager licensure, the Dept. of Professional Regulation may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under the Act. ACTHA supports
HB 5281 (K. Dunkin) Provides that the fee associations must pay under the Manager Licensing Act be changed from an annual fee to once every five years. This bill is sponsored by ACTHA and we urge everyone to contact their State Representative requesting they support this bill. The "tax" placed on associations is excessive and unwarranted.
HB 5422 (Nekritz) Creates the Condominium Ombudsperson Act ACTHA supports the concept but is opposed to this bill in its current form
HB 5429 (Feigenholtz) Creates the Homeowners' Solar Rights Act ACTHA has no position
HB 5509 (Nekritz) Provides that the notice of a judicial sale of a unit of a common interest community must contain a statement concerning liability for common expenses. ACTHA has no position
HB 5522 (Yarbrough) Provides that an association's bylaws may include the restriction of tobacco products. ACTHA supports
HB 5985 (Zalewski) The purchaser of a unit in a common interest community or master association at a judicial foreclosure sale, other than a mortgagee, who takes possession of a unit pursuant to a court order or a purchaser who acquires title from a mortgagee has the duty to pay the common expenses for the unit which would have become due in the absence of any assessment acceleration during the 6 months immediately preceding the commencement of an action to collect the unpaid assessments. ACTHA supports
HB 6081 (Feigenholtz) When 30% or fewer units, by number, possess over 50% of the votes in the association, any percentage vote of members specified in the Act or in the condo instruments shall require the specified percentage by number of units rather than by percentage of interest in the common elements allocated to units; a unit shall not include a garage or storage unit and a vote in the association in the percentage or number count. ACTHA supports
HB 6082 (Feigenholtz) Similar to HB 6082 ACTHA supports
SB 3064 (Trotter) Provides that an HOA organized under the General Not For Profit Act, shall not dredge any sediment within a common area of the association. ACTHA has no position
SB 3175 (Link) See HB 5522 ACTHA supports
SB 3180 (Wilhelmi) Creates the Common Interest Community Association Act. ACTHA is soliciting input from its non-condo members
SB 3385 (Wilhelmi) Under the Manager Licensing Act, the Dept. of Professional Regulation may take into account whether the applicant has engaged in conduct or activities that would constitute disciplinary action under the Act. ACTHA supports
SB 3387 (Wilhelmi) Under the General Not for Profit Act allows a vote of members without holding a meeting as long as the members have agreed to do so in writing by all members entitled to vote. ACTHA has no position
SB 3497 (Cronin) Provides that a community association owner whether condo or non-condo proposes to sell to a 501c3 organization for the purposes of providing affordable housing and leasing said property must first notify the board of directors and obtain a certificate of approval of sale to the 501c3 organization which may operate under same for the entire time the entity owns the property ACTHA has no position
Introduced in 2009:
HB 155 (LaShawn Ford) Amends the ICPA to provide that in the event of a sale of a condo unit by a unit owner, no condo association shall exercise any right of refusal, option to purchase or right to disapprove the sale, on the basis of the type of financing used by the purchaser. Signed into law.
HB 271 (Elaine Nekritz) Creates the Community Association Manager Act. House Second Reading ACTHA supports (Note: the Senate version was signed into law)
HB 688 (Marlow Colvin) Amends the ICPA. Provides legislative finding concerning the importance of municipalities relcaiming hosuing stock that was used in fraudulent schemes. (Same as SB 267) Signed into law
HB 821 (Sandra Pihos) Provides that if a condo association's bylaws permit the leasing of an owner's condo unit and the bylaws are changed to prohibit leasing and a unit owner which is incorporated under 26 USC 501c3 is leasing the unit at the time that the bylaw goes into effect, then the unit owner may continue to rent the unit until it is voluntarily sold. Senate Third Reading ACTHA opposes
HB 941 (Elaine Nekritz) Creates the Condominium Ombudsperson Act. House Rules Committee ACTHA agrees conceptually but sees issues that need to be resolved before it can be supported
HB 953 (Sandra Pihos) Removes references to private residences in the definition of "elevator contractor's license" and in a section concerning inspector's licenses and inspection company licenses. Signed into law ACTHA supports
HB 1811 (Andre Thapedi) Amends the ICPA by adding a section requiring every unit owner's association that is created after this Act becomes effective to complete a management training seminar. Amends the Illinois Income Tax Act to credit condo unit board members for the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to 50% of the cost of management training incurred by the taxpayer for the purpose of complying with Section 18.3a of the ICPA. House Rules
HB 3955 (Harry Osterman) This bill was introduced at the behest of ACTHA and makes multiple changes to the ICPA. House Rules
HB 4766 (Jim Sacia) Amends the Elevator Safety and Regulation Act in that it shall not apply to any county in the Stte other than the counties of Cook, DuPage, Kane, Lake, McHenry and Will.
SB 154 (Susan Garrett) Amends the ICPA to provide that bylaws shall provide what percentage of unit owners, of other than 20%, shall constitute a quorum provided that for condos over 20 units the percentage of unit owners shall be 20% unless the unit owners with a majority percentage in the association provide for a higher percentage in voting on amendments to the bylaws, a unit owner in arrears on his or her regular and separate assessments for more than 60 days shall not be counted for purposes of determining if a quorum is present (instead of bylaws shall provide what percentage of unit owners, of other than 20%, shall constitute a quorum provided that for condos over 20 units the percentage of unit owners shall be 20% unless the unit owners with a majority percentage in the association provide for a higher percentage. Signed into law
SB 177 (Mattie Hunter) Amends the ICPA by providing that owners may remove directors from a board upon a two-thirds vote of the owners. Senate Rules
SB 267 (Jacqueline Collins) Amends the ICPA to provide legislative finding concerning the importance of municipalities reclaiming housing stock that was used in a fraudulent scheme. Provides procedures for addressing distressed condo property that is a danger or nuisance to the surrounding community. If a court finds that a distressed condo property, the court may appoint a receiver to manage the property. Other provisions. (same as HB 688) Senate Rules
SB 291 (Mattie Hunter) Permits associations to borrow monies upon a two-thirds vote of the Board. Senate Rules
SB 1390 (A. J. Wilhelmi) Amends the General-Not-for-Profit Act to alllow for electronic means of communication. Signed into law ACTHA supports
SB 1579 (A.J. Wilhelmi) Provides for manager licensing . Signed into law ACTHA supports
SB 1722 (Maggie Crotty) Signed into law See HB 953
SB 1933 (A. J. Wilhelmi) Creates The Homeowners' Association Bill of Rights. Senate Rules ACTHA would prefer to see this bill held for other changes
SB 2102 (Ira Silverstein) Amends the ICPA. Provides that the purchaser of a condo unit at a judicial foreclosure sale, other than a mortgagee, who takes possession of a condo unit pursuant to a court order or a purchaser who acquires title from a mortgagee shall have the duty to pay the proportionate share, if any of the common expenses. Senate Rules
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