Legislation

Bills Affecting Community Associations in the General Assembly – Updated January 25, 2022

Bills Affecting Community Associations in the 101st General Assembly

As January ends, the 2022 legislative session is now in full swing and moving quickly. The General Assembly intends to end session in early April because it is an election year. However, COVID continues to present difficulties for the General Assembly to meet and conduct business in-person, which has already resulted in the cancelation of several session days.

The CAI Illinois Legislative Action Committee (ILAC) is presently monitoring the below listed bills. ILAC has already contact sponsors for some bills to discuss ILAC’s concerns and work toward better legislation. For example, ILAC is working with Rep. Gabel on HB3125 to limit possible adverse financial impact on community associations and to clarify owner responsibilities. Although ILAC works hard to further the interests of community associations, it needs the assistance and support of CAI members. So please keep an eye out for any legislative call to action.

Currently monitored bills (links to the ILGA website are provided for convenience):

House Bills

HB3125 (Filed by Rep. Gabel 2.18.21) Illinois General Assembly – Bill Status for HB3125 (ilga.gov)
Synopsis As Introduced
Creates the Electric Vehicle Charging Act, which may be referred to as the Beneficial Electrification Act. Sets forth requirements for parking spaces that are electrical vehicle ready applicable to new or renovated residential or nonresidential buildings. Sets forth provisions concerning electric vehicle charging station policies for unit owners and renters. Amends the Electric Vehicle Act. Creates the Electric Vehicle Access for All Program to maximize opportunities for carbon-free transportation across the State, particularly targeting environmental justice and low-income communities and to provide grants to pilot programs with the purpose of bridging public transportation gaps between residences and employment locations. Sets forth provisions concerning administrative review and authorized expenditure of State-controlled funds to accelerate electric vehicle adoption. Amends the Public Utilities Act. Provides that no later than May 31, 2022, electric utilities serving greater than 500,000 customers in the State shall file a Beneficial Electrification Plan with the Illinois Commerce Commission. Provides for review of the plans by the Commission and establishes a system for utilities to consider specified businesses, nonprofit organizations, or worker-owned cooperatives when awarding bids. Effective immediately.

HB4158 (Filed by Rep. Croke 9.29.21) Illinois General Assembly – Bill Status for HB4158 (ilga.gov)
Synopsis As Introduced
Amends the Common Interest Community Association Act. Requires a common interest community association’s board of managers or board of directors to maintain a record of any reserve study. Amends the Condominium Property Act. Requires the board of managers of every association to keep and maintain records of any reserve study.

HB4311 (Filed by Rep. Ford 12.28.21) Illinois General Assembly – Bill Status for HB4311 (ilga.gov)
Synopsis As Introduced
Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines “unauthorized person” as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner’s authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders.

HB4322 (Filed by Rep. Tarver 1.3.22) Illinois General Assembly – Bill Status for HB4322 (ilga.gov)
Synopsis As Introduced
Amends the Residential Real Property Disclosure Act. Changes the definition of “seller”. Defines “contract”. Changes the phrases “disclosure document” and “disclosure statement” to “disclosure report”. Provides that if a seller is involved in specified types of transfers, the seller is exempt from the Act, regardless of whether a disclosure report is delivered. Provides that the seller shall deliver to the prospective buyer the written disclosure report before the signing of a contract (rather than before the signing of a written agreement by the seller and prospective buyer that would require the prospective buyer to accept a transfer of the residential real property). Provides that if, prior to closing, any seller becomes aware (rather than has actual knowledge) of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shall supplement the prior disclosure report. Makes changes to the disclosure report form. Provides that if a seller discloses a material defect in the disclosure report, a prospective buyer, within 5 (rather than 3) business days after receipt of the disclosure report, may terminate the contract. Provides that if a seller discloses a material defect in a supplement to the disclosure, the prospective buyer shall not have a right to terminate unless: (i) the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time of the prior disclosure; (ii) the material defect is not repairable prior to closing; or (iii) the material defect is repairable prior to closing, but within 5 business days after delivery of the supplemental disclosure, the seller declines, or otherwise fails to agree in writing, to repair the material defect. Allows for the disclosure report to be delivered by email or other electronic delivery. Makes other changes. Effective immediately.
(Companion bill to SB3940)

HB4793 (Filed by Rep. Didech 1.25.22) Illinois General Assembly – Bill Status for HB4793 (ilga.gov)
Synopsis As Introduced
Amends the Residential Real Property Disclosure Act. Requires the seller to disclose in the disclosure report form whether the seller is aware that the property is mandated to be covered by flood insurance.

Senate Bills

SB3005 (Filed by Sen. Stadelman 1.5.22) Illinois General Assembly – Bill Status for SB3005 (ilga.gov)
Synopsis As Introduced
Amends the Environmental Protection Act. Provides that the Electric Vehicle Permitting Task Force shall include one member representing a statewide organization of municipalities as authorized under specified provisions of the Illinois Municipal Code.

SB3051 (Filed by Sen. Fine 1.5.22) Illinois General Assembly – Bill Status for SB3051 (ilga.gov)
Synopsis As Introduced
Creates the In-home Electric Vehicle Charging Infrastructure Act. Provides that if the construction of one or more new housing units or major renovations will include at least one garage, carport, or driveway for each housing unit, the builder or the builder’s agent shall provide each buyer, prospective buyer, or homeowner with the option to include either an electric vehicle charging station capable of at least level 2 charging or equipment to support the later addition of a such a charging station in or on the garage, carport, or driveway. Requires a builder to give a buyer or homeowner notice of this requirement along with information on available rebate programs for installing an electric charging station. Requires the buyer or homeowner to provide notice of receipt. Provides a private right of action for persons aggrieved by a violation of the Act. Effective July 1, 2022.

SB3069 (Filed by Sen. Murphy 1.11.22) Illinois General Assembly – Bill Status for SB3069 (ilga.gov)
Synopsis As Introduced
Amends the Property Tax Code. Provides that condominium associations and homeowner associations may also file appeals with the Property Tax Appeal Board. Effective immediately.

SB3193 (Filed by Sen. Loughran Cappel 1.13.22) Illinois General Assembly – Bill Status for SB3193 (ilga.gov)
Synopsis As Introduced
Amends the Common Interest Community Association Act. Provides that a reasonable fee may be charged by a common interest community association’s board of managers or board of directors for the cost of retrieving and copying records, but in no case shall the fee exceed $150. Allows a board to charge an additional rush fee of not more than $100 if the records are needed within 72 hours after the request for the records is made. Provides that any fees charged shall be accompanied by an itemized statement detailing the basis of the fees being charged. Amends the Condominium Property Act. Removes language allowing an association to charge the requesting member the actual cost of retrieving and making requested records available for inspection and examination and the actual cost of reproducing the records. Provides instead that an association may charge a reasonable fee for the cost of retrieving and copying records available for inspection and examination, but in no case shall the fee exceed $150. Allows an association to charge an additional rush fee of not more than $100 if the records are needed within 72 hours after the request for the records is made. Provides that any fees charged shall be accompanied by an itemized statement detailing the basis of the fees being charged. Effective Immediately.

SB3434 (Filed by Sen. Johnson 1.18.22) Illinois General Assembly – Bill Status for SB3434 (ilga.gov)
Synopsis As Introduced
Amends the Common Interest Community Association Act and the Condominium Property Act. Beginning in 2023, requires all common interest community association board members and all members of a condominium board of managers to complete, at least annually, a training program that educates the member in the member’s role and fiduciary responsibilities as a member of the board. Requires the Department of Financial and Professional Regulation to produce a model training program and make it available online to the public at no cost. Allows the Department to offer training seminars at a reasonable fee. Effective immediately.

SB3940 (Filed by Sen. Sims 1.21.22) Illinois General Assembly – Bill Status for SB3940 (ilga.gov)
Synopsis As Introduced
Amends the Residential Real Property Disclosure Act. Changes the definition of “seller”. Defines “contract”. Changes the phrases “disclosure document” and “disclosure statement” to “disclosure report”. Provides that if a seller is involved in specified types of transfers, the seller is exempt from the Act, regardless of whether a disclosure report is delivered. Provides that the seller shall deliver to the prospective buyer the written disclosure report before the signing of a contract (rather than before the signing of a written agreement by the seller and prospective buyer that would require the prospective buyer to accept a transfer of the residential real property). Provides that if, prior to closing, any seller becomes aware (rather than has actual knowledge) of an error, inaccuracy, or omission in any prior disclosure report or supplement after delivery of that disclosure report or supplement to a prospective buyer, that seller shall supplement the prior disclosure report. Makes changes to the disclosure report form. Provides that if a seller discloses a material defect in the disclosure report, a prospective buyer, within 5 (rather than 3) business days after receipt of the disclosure report, may terminate the contract. Provides that if a seller discloses a material defect in a supplement to the disclosure, the prospective buyer shall not have a right to terminate unless: (i) the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time of the prior disclosure; (ii) the material defect is not repairable prior to closing; or (iii) the material defect is repairable prior to closing, but within 5 business days after delivery of the supplemental disclosure, the seller declines, or otherwise fails to agree in writing, to repair the material defect. Allows for the disclosure report to be delivered by email or other electronic delivery. Makes other changes. Effective immediately.
(Companion bill to HB4322)

SB3973 (Filed by Sen. Murphy 1.21.22) Illinois General Assembly – Bill Status for SB3973 (ilga.gov)
Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Requires a court file to be sealed upon the commencement of any foreclosure action during the COVID-19 emergency and economic recovery period. Provides that if a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of the amendatory Act and is not sealed, the court shall order the sealing of the court file. Provides that the amendatory Act applies to any action to foreclose a mortgage relating to (i) residential real estate, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor’s personal residence. Effective immediately.

SB4022 (Filed by Sen. Jones 1.21.22) Illinois General Assembly – Bill Status for SB4022 (ilga.gov)
Synopsis As Introduced
Amends the State Finance Act. Creates the Division of Real Estate General Fund. Repeals provisions creating the Real Estate Audit Fund, the Home Inspector Administration Fund, and the Community Association Manager Licensing and Disciplinary Fund. Amends the Auction License Act. Makes changes in provisions concerning requirements for an auctioneer license and application; expiration, renewal, and continuing education; fees and disposition of funds; grounds for disciplinary actions; returned checks and dishonored credit card charges; and the Auction Advisory Board. Creates provisions concerning confidentiality; citations; illegal discrimination; and no private right of action. Amends the Community Association Manager Licensing and Disciplinary Act. Makes changes in provisions concerning definitions; the Community Association Manager Licensing and Disciplinary Board; fidelity insurance and segregation of accounts; licenses, renewals, restoration, and persons in military service; and fees. Amends the Home Inspector License Act. Makes changes in provisions concerning definitions; renewal of licenses; unlicensed practice; civil penalties; and surcharges. Creates provisions concerning illegal discrimination. Amends the Real Estate License Act of 2000. Makes changes in provisions concerning definitions; requirements for license as a residential leasing agent; good moral character; offices; expiration and renewal of licenses; continuing education requirements; agency relationship disclosure; dual agency; grounds for discipline; citations; restoration of a suspended or revoked license; administrative review venue; the Real Estate Administration and Disciplinary Board; and licensing of education providers. Amends the Real Estate Appraiser Licensing Act. Makes changes in provisions concerning definitions; renewal of licenses; and the Real Estate Appraisal Administration and Disciplinary Board. Amends the Appraisal Management Company Registration Act concerning qualifications for registration, reports, and good moral character. Amends the Professional Limited Liability Company Act concerning the nature of business. Amends the Real Estate License Act of 2000 concerning broker licensure. Repeals the Real Estate Regulation Transfer Act. Makes other changes. Effective immediately, except provisions repealing provisions of the State Finance Act take effect July 1, 2023.

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