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Current Legislation

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; "CICAA" stands for "Common Interest Community Association Act"; "shell bill" means that substantive language may be filed later via an amendment

Introduced in 2017 (note: most recently introduced bills are posted first). Bills passed by both houses are in BOLD CAPS below.

 

HOUSE BILLS

HB 2400 (Nekritz) Amends the Common Interest Community Association Act. Provides that all voting by the members of a common interest community association shall be on a non-cumulative basis. Amends the Condominium Property Act. Provides that the bylaws shall provide that voting shall be on a non-cumulative basis.  Assigned to Judiciary - Civil Committee  ACTHA supports

HB 2401  (Nekritz)  Amends the Common Interest Community Association Act. Provides that the association shall have one class of voting membership (instead of "one class of membership") unless the declaration, bylaws, or operating agreement provide otherwise. Makes a similar change in the Condominium Property Act. Further amends the Condominium Property Act. Deletes language providing that if the property contains 4 or more units, the owners may agree to sell the property by a vote of 75%. Provides instead that if the property contains at least 4 but not more than 6 units, a vote of 75% of the owners is required to sell the condominium property. Provides that if the property contains 7 or more units, a vote of 85% of the owners is required to sell the condominium property.  Assigned to Judiciary - Civit Committee   ACTHA Supports

HB 2627  (Fine)  Amends the Condominium Property Act. Deletes language providing that: specified records may be inspected only for a proper purpose; and in an action to compel examination of specified records, the burden of proof is upon the member to establish that the member's request is based on a proper purpose.  Referred to House RulesCommittee  ACTHA no position

HB 2667 (Cassidy)  Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that when property is part of a master association or a common interest community association (instead of "subject to the provisions of a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon") and other specific conditions are met, the board may bring a forcible entry and detainer action. Provides that provisions governing actions to collect common expenses apply to any common interest community association that is subject to the Common Interest Community Association Act. Deletes language providing that the provisions do not apply to any common interest community unless specified conditions are met. Provides that "common interest community" and "common interest community association" have the meanings provided in the Common Interest Community Association Act. Makes other changes. Referred to House Rules Committee  ACTHA no position

HB 2696 (Williams)  Amends the Common Interest Community Association Act. Provides that each member of a common interest community association shall receive through a prescribed delivery method, at least 25 (instead of 30) days but not more than 60 days prior to the adoption by the board, a copy of the proposed annual budget. Makes a similar change in the Condominium Property Act. Further amends the Condominium Property Act. Replaces language specifying when a portion of a noticed board meeting may be closed with language providing that the board may close any portion of a noticed meeting or meet separately from a noticed meeting to: (A) discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent; (B) discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services; (C) interview a potential employee, independent contractor, agent, or other provider of goods and services; (D) discuss violations of rules and regulations of the association; (E) discuss a unit owner's unpaid share of common expenses; or (F) consult with the association's legal counsel.  Referred to House Rules Committee  ACTHA supports

HB 2844 (Cassidy/Welch) Amends the Common Interest Community Association Act and the Condominium Property Act. Provides that if the condominium or community instruments require approval of any mortgagee or lienholder of record and the mortgagee or lienholder of record receives a request to approve or consent to the amendment to the condominium or community instruments, the mortgagee or lienholder of record is deemed to have approved or consented to the request unless the mortgagee or lienholder of record delivers a negative response to the requesting party within 35 days after the mailing of the request.  Referred to House Rules Committee  ACTHA supports

HB 2931 (Gabel) Amends the Condominium Property Act. Provides that condominium bylaws shall provide that notwithstanding any provision in the condominium instruments to the contrary, the board of managers has discretion to: (i) address any budget surplus by transferring the surplus funds or portion thereof to the association's capital or operating reserves or applying the surplus funds to any other common expense; and (ii) address any deficit by incorporating the deficit into the following year's annual budget. In provisions governing the combination of units, defines "combination of any units". Provides that the exclusive right to use as a limited common element any portion of the common elements that is not necessary or practical for use by the owners of any other units is not a diminution of the ownership interests of all other unit owners requiring unanimous consent of all unit owners under other provisions of the Act or any percentage set forth in the condominium instruments. Provides that notwithstanding other provisions of the Act or the condominium instruments, an amendment pursuant to the Section governing combination of units is effective if it meets the requirements set forth in that Section. Referred to House Rules Committee  ACTHA proposed this bill and supports

HB 2932 (Gabel) Amends the Condominium Property Act. Makes numerous changes in provisions concerning: common expenses; liens for nonpayment of common expenses; other liens; standing and capacity of the board of managers; disposition or removal of any portion of the property; the contents of bylaws; powers and duties of board of managers; master associations; display of the American flag or a military flag; standards for community association managers; and resale of a condominium unit. Referred to House Rules Committee  ACTHA proposed this bill and supports

HB 4760 (Kim) Amends the Code of Civil Procedure and the Consumer Fraud and Deceptive Business Practices Act by requiring that eviction case files be sealed (that is, not available to the public) until 30 days after the entry of an eviction order unless the court did not find the tenant or occupant to have materially breached the lease or the condominium governing documents or is a holdover tenant, but then the court file will be sealed within 5 years after filing of the eviction action unless certain specified situations apply.  A person who disseminates information from a sealed court file is subject to a claim by the tenant/occupant who can recover up to two times the monthly rent or twice the damages sustained, whichever is greater, plus attorney’s fees.


HB 4816 (Kim) Amends ICPA Section 19 to prohibit the board of managers (directors) or any person who obtains information under the ICPA from selling or distributing that information (specifically, the names, addresses, e-mail addresses, phone numbers and weighted votes of the unit owners) to any commercial or other entity unrelated to the condo association; instead that information may be use “only for matters related to the condominium association.”

HB 4910 (Kim) would create new provisions in the ICPA and CICA Act that would limit the home rule power of municipalities to adopt ordinances inconsistent with previously enacted changes to Section 1-20 (amendments) and 1-45 (finances) of the CICA Act, and to adopt ordinances inconsistent with previously adopted changes to Section 9 (common expenses/lien), 15 (sale of entire property), 18 (bylaws), 18.4 (powers and duties of board), 18.10 (generally accepted accounting principles), 19 (records of association), 27 (amendments) and 31 (subdivision/ combination of units).

HB 5126 (Kim) Amends ICPA Section 18 to include the amount of and procedures for imposing a fine for disclosure of a unit owner’s information (specifically name, address, e-mail address or telephone number) which that unit owner has indicated should not be disclosed to other members of the association under ICPA Section 19.

HB 5208 (Kim) Amends the Community Association Manager Licensing and Disciplinary Act (“Manager Licensing Act”) to lower the minimum age for licensure to 18.

HB 5276 (Kim) Amends the CICA Act to eliminate the provision allowing officers and directors to succeed themselves, but instead allows term limits to be imposed via the community instruments.


HB 5348 (Kim) Amends the Manager Licensing Act to delete licensing of “community association management firms” and add references to and description of “designated community association manager”; clarifies that licensing is for a person, not an entity; eliminates the requirement that two members of the licensing board must be “supervising community association managers”; and makes related changes to various other sections.

HB 5483 (Kim) Amends the Illinois Code of Civil Procedure to allow revival of judgments in the fifth year after its entry.  A judgment would not be enforceable after 5 years without such revival.


HB 5505 (Kim) Amends the Manager Licensing Act to specify a 4 year term, with a 10 year total term limit, for members of the Manager Licensing and Disciplinary Board.

HB 5744 (Kim) is the same as SB 2556.


HB 5783 (Kim) Amends the the ICPA to require associations with 200 (instead of 100) units to use generally accepted accounting principles, to be phased in as follows:  By January 1, 2019 for associations having less than 176 units but not more than 199 units; by January 1, 2020 for associations having less than 136 units but not more than 175 units; and by January 1, 2021 for associations having less than 101 units but not more than 135 units.




SENATE BILLS

SB 0885 (Koehler)  Repeals the Dwelling Structure Contract Act and the Dwelling Unit Installment Contract Act. Creates the Installment Sales Contract Act. Adds provisions governing: definitions; terms and conditions of installment sales contracts; applicability of other Acts; sales of condemned dwelling structures; repairs; account statements; transfer of payments; insurance proceeds; unlawful acts; waivers; and penalties. Makes corresponding changes in the Condominium Property Act. Amends the Code of Civil Procedure. Provides that a real estate installment contract for residential real estate is subject to the foreclosure provisions of the Code if the purchase price is to be paid in installments over a period in excess of one year (instead of 5 years) and the amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 90% (instead of 80%) of the original purchase price of the real estate as stated in the contract. Effective January 1, 2018.  ACTHA no position

SB 572 (Kim) Is a carry over amendment from 2017 and would amend ICPA Section 19 to delete the requirement that the unit owners list include e-mail addresses and telephone numbers.

SB 758 (Kim) Is a carry over from 2017, which would amend the Illinois Code of Civil Procedure to allow constructive service of defendants in an eviction case by posting or publication.  It would also allow service by a national private delivery service or by electronic transmission (e-mail) if the tenant has given specific written consent to such means of service.

SB 928 (Kim) Would amend the CICA Act to require that in the resale of a unit, the board must make available any adopted common expense collection policies, a statement setting forth the current assessment obligations, including any special assessments or other common expenses, and a statement setting forth the current late fees or interest that may be charged on an unpaid balance.

SB 2439 (Kim) Would amend the Manager Licensing Act to remove default on an educational (student) loan as a basis for license revocation.

SB 2485 (Kim) Would amend the ICPA to require that a unit owner be given notice and an opportunity for a hearing before a lien can be filed against his/her unit for unpaid assessments, fines, late charges, interest or attorneys’ fees incurred in enforcing covenants, rules and regulations or law, and costs of collection.  Similarly, a unit owner must be given notice of default and an opportunity for hearing regarding any fees in dispute before the association can exercise its remedies against him/her or his/her tenant.  Also, the association would not have authority to initiate collection proceedings against a unit owner until the board issues a 30 day written notice of delinquency and provides the unit owner with an opportunity for a hearing to dispute any amounts due.  Finally, the board must give written notice before imposing a fine for a violation.

SB 2529 is the same as SB 2439

SB 2556 (Kim) Would amend ICPA Section 9.2 to allow a unit owner to recover his/her attorney’s fees from the opposing party if that owner is determined to be the “substantially prevailing party” by a court or arbitrator in any proceeding between that owner and the association or its board or any individual member of the board regarding enforcement of the board/association’s obligations under the ICPA, condo instruments, rules and regulations or any applicable statute or ordinance, or a disputed charge on the owner’s account or a purported default by the owner, his/her tenant or his/her guest.  Also, the association cannot include any attorney’s fees in its collection demand letter to start an eviction case.

SB 2653 is the same as SB 2439

SB 3036 is the same as HB 5505

SB 3165 is the same as HB 5126

SB 3394 is the same as HB 5208

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