BILLS AFFECTING COMMUNITY ASSOCIATIONS IN THE 101st GENERAL ASSEMBLY INTRODUCED IN 2019

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This document provides a general synopsis of various bills that affect community associations. This list is by no means complete. Further, the information contained herein can change throughout the legislative process. Bills can be amended, and language originally proposed can be deleted. In order to assure you have the most accurate information about any given bill, please go to www.ilga.gov and review not only the synopsis but the actual language of the bill and any relevant amendments. This information is provided as February 8, 2019.

HB 29 (Rep. Thapedi) LIMITATION ON UNITS OF LOCAL GOVERNMENT. This bill amends both the Common Interest Community Association Act and the Illinois Condominium Property Act to create two new sections 1-95 and 18.11, respectively. The bill would prohibit any local government unit, including a home rule unit, from regulating any actions inconsistent with the provision of P.A. 100-292 (formerly HB189) which passed into law in 2017. Effectively municipal governments would be prohibited from passing an ordinance “inconsistent” with the changes in P.A. 100-292 to the Condo Act and CICAA. On January 29, 2019 this bill was assigned to Judiciary – Civil Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=29&GAID=15&GA=101&DocTypeID=HB&LegID=113833&SessionID=108

HB50 (Rep. Thapedi) WRITTEN CONTRACT REQUIREMENTS FOR ASSOCIATIONS. This bill amends Section 18.7 “Standards for community association managers” of the Illinois Condominium Property Act. The bill creates a new Section (h) of 18.7 and applies to all “community associations” as defined in Section 18.7 (a). The bill provides that contracts entered into by a community association for maintenance or management are only enforceable if: services are specified; reimbursable costs and specified; minimum number of personnel is specified; developer’s financial interest (if any) in the contracting party is disclosed; and a board member’s financial interest (if any) is disclosed. Additionally, the bill provides that if any such contracting party fails to provide the specified services the association can obtain those services from another party and collect the any fees or charges paid for such service. The bill states that the specifications are not required for certain vendors. Further, the bill provides that a contracting party may not purchase a unit at a foreclosure sale. Finally, the bill states that if 50% of more of the units are owned by the party providing contracting services, the remaining unit owners (by majority vote) can cancel the contract. On January 29, 2019 this bill was assigned to Judiciary – Civil Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=50&GAID=15&GA=101&DocTypeID=HB&LegID=113856&SessionID=108

HB 1466 (Rep. Harris) AMENDING TAX PERCENTAGES FOR CONDOMINIUMS. This bill creates a new Section 10 (d) of the Illinois Condominium Property Act. The bills would authorize the Board of Directors to reallocate the percentages of ownership in condominium association, solely for the purposes of real estate taxes, based upon the square footage of each individual unit. The authorization could come from either two-thirds of the Board of Directors or a majority of the unit owners. The bill allows an association’s governing documents to set a higher voting threshold. Finally, the bill provides that the reallocation for taxes shall not otherwise change of affect percentage of ownership for purposes of assessments, special assessments or voting rights. On January 29, 2019 this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=1466&GAID=15&SessionID=108&LegID=115876

SB 77 (Sen. Van Pelt) AMENDMENT TO EVICTION ACT REGARDING TENANT’S NAMES. This bill amends Section 9-102.4 “Condominiums: demand, notice, termination of lease, and eviction,” by adding a new subsection (b-1). The bill states that any tenant named in an eviction action by an association shall have his or her name “permanently suppressed” by order of court.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=77&GAID=15&GA=101&DocTypeID=SB&LegID=115043&SessionID=108

SB 220 (Sen. Murphy) REQUIRED NOTICE AND HEARING BEFFORE INSTITUTING FINES. The bill amends Sections 9, 9.2, 18 and 18.4 of the Illinois Condominium Property Act. This bill imposes several pre-collection mandates on associations:

  1. The bill amends Sec. 9 (g)(1) of the Act and states that before unpaid fines becomes a statutory lien against a unit, the unit owner must be given written notice and an opportunity to be heard in accordance with Section 18.4 (l);
  2. The bill amends Section 9.2 (a) of the Act and states that before the association can avail itself of rights and remedies to collection unpaid fines, the unit owner must be given notice and an opportunity for a hearing in accordance with Section 18.4 (l);
  3. The bill creates a new Section 18 (r) of the Act and states that an association has no authority to communicate adverse information to a credit reporting agency regarding unpaid fines, unless the board issues first grants the owner notice and an opportunity for hearing on the fine; and
  4. The bill amends Section 18.4 (l) of the Act to clarify that the Board only has authority to issue a fine after first providing the owner with a minimum of 20 days “written” notice and an opportunity to be heard.

On February 7, 2019 this bill was assigned to Senate Judiciary.

IN ORDER TO DETERMINE THE MOST UP-TO-DATE INFORMATION ON ANY PENDING LEGISLATION PLEASE FOLLOW THE ASSOCIATED LINKS. LEGISLATION CAN BE AMENDED OR MODIFIED AT ANY TIME PRIOR TO PASSAGE. FURTHER NEW LEGISLATION MAY BE INTRODUCED.

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