By John Carr, ACTHA Lobbyist and Legislative Committee Member

2016 will be remembered as one of the most challenging legislative sessions since the Governor Blagojevich impeachment proceedings from 2008-2009.  In addition, the General Assembly had far fewer session days in 2016 which substantially limited the number of measures legislators could consider during the year.  Overall though, ACTHA opposed several bills that could have harmed condominium associations statewide (HBs 4489, 4490 and 4491) and was instrumental in amending HB 4658, a bill lessening the powers and duties of the Illinois Condominium Ombudsman. 

The ACTHA bill tracker follows:

HB 2642 (Cassidy-Passed the General Assembly on 5/31/2016.)  ACTHA supported this bill as championed by the Chicago Bar Association.  It requires written notice procedures for storage fees in a lien situation.  The bill amends the Illinois Labor and Lien Act.

HBs 4489, 4490, 4491 (Drury).  These bills sough to overturn the Illinois Supreme Court ruling in the Spanish Court case.  ACTHA opposed the bill, offending both the sponsor and another member of the House Judiciary Committee.  The sponsor held these bills for the remainder of the session.  Note the defendant for the Supreme Court case resides in Drury’s district.

HB 4658 (Nekritz-Breen.  Passed the General Assembly on 5/31/2016).  This bill amended the Condominium Ombudsman Act.  The proponent of the legislation was the IL. Department of Professional and Financial Regulation.  The Department sought a less aggressive version of the Act because existing law would have become effective on July 1, 2016, without any funding sources from the State.  The bill requires the Ombudsman to engage in primarily a consumer education role that promotes methods of alternative dispute resolution for solving association disputes.  ACTHA was engaged in amending the law based upon suggestions obtained during the February Legislative Meeting.

HB 5927 (Fine) was Doug Sury’s initiative that we are holding over until 2017.

SB 2354 (Haine-Passed the General Assembly on 5/18/2016).  The Illinois Lake Communities Association was the chief proponent of this legislation.  ACTHA also supported the measure in House and Senate committee hearings.  The bill makes a technical change to CICCA regarding association board meetings and closed sessions.

SB 2358, 2359 (Mulroe-Passed the General Assembly on 5/18 and 5/30, 2016.  CAI was the chief proponent of both bills. 2358 was a technical change to CICCA regarding developer assignment responsibilities.  2359  amends the Condominium Act to allow a board to assign income by a simple majority vote.  ACTHA was neutral on both measures.