Bills Affecting Community Associations In The 100th General Assembly Introduced In 2018

This document provides a general synopsis of various bills affecting 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 was provided on February 21, 2018.

HB2401 (Rep. Feigenholtz) DEFINING “CLASS OF MEMBERSHIP”/AMENDMENT TO SECTION 15 OF CONDO ACT. This bill started with two distinct changes. The first portion of the bill amends Section 1-30 of the Common Interest Community Association Act, and Section 18 (b)(2) of the Illinois Condominium Property Act. This is a one word change to add “voting” to the “class of membership” sections in both the Condominium Property Act and the Common Interest Community Association Act. This language was amended in the Senate to remove “voting” and instead create two qualifiers of acts which would not be considered creating classes of membership: parking rules and regulations; and rules and regulations related to security.

Additionally, the bill proposes a change to Section 15 of the Condo Act which permits the sale of the condominium property, in its entirety, to an outside investor. Currently, the Act permits the permits the sale of the property, based upon the number of units, upon a vote of either a majority of the unit owners (for a 2 unit condo), 2/3 of the unit owners (for a 3 unit condo) or 75% of the unit owners (for a 4 unit condo or larger). The bill proposes a fourth tier of seven (7) units or more to require the vote of 85% of the unit owners. An amendment was added to this provision in the Senate which provide that if less than 25% of the units were owner-occupied the threshold would revert to 75%. Prior to the amendments, on March 9, 2017, this bill passed the House. The bill with amendments passed the Senate on May 29, 2017. On January 24, 2018, the bill with amendments was assigned House Civil Judiciary Committee.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=2401&GAID=14&GA=100&DocTypeID=HB&LegID=103084&SessionID=91

HB4816 (Rep. Feigenholtz) ADDITIONAL CHANGES TO SECTION 19 OF THE CONDOMINIUM ACT. This bill amends Section 19 of the Illinois Condominium Property Act to create a new Section 19 (g-5). The bill prohibits any person (including a board member) who obtains personal information of the members under the Act from selling or distributing such information to any other entity or for using such information for any purpose other than condominium association matters. On February 14, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=4816&GAID=14&GA=100&DocTypeID=HB&LegID=103084&SessionID=91

HB&LegID=110160&SessionID=91 HB4910 (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 section 1-95 and 18.11, respectively. The bill would prohibit any local government unit, including 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 February 14, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=4910&GAID=14&GA=100&DocTypeID=HB&LegID=110324&SessionID=91

HB4912 (Rep. Thapedi) SERVICE ANIMAL INTEGRITY ACT. This bill creates the Assistance and Service Animal Integrity Act and amends the Illinois Criminal Code. The bill provides certain instructions and protection for landlords in dealing with requests for service and assistance animals. The bill references the Fair Housing Act and housing providers, which may include associations. The bill provides state (not federal) requirements for submission of certain verifiable information regarding disability, the animal and a requirement of certification from a medical professional. Additionally, the bill criminalizes the submission of false information about one’s disability, the training of the animal and medical certification. On February 14, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=4912&GAID=14&GA=100&DocTypeID=HB&LegID=110326&SessionID=91

HB5126 (Reps. Cassidy and Feigenholtz) ADDITIONAL CHANGES TO SECTION 19 OF THE CONDOMINIUM ACT. This bill amends Sections 18 and 19 of the Illinois Condominium Property Act. The bill amends Section 18 to provide that the By-laws of a condominium association shall provide for the imposition of fines for disclosing personal information of members. The bill amends Section 19 to create a new subsection (g-5) to permit a member to opt out of the disclosure of personal information such as names, address, email address and/or telephone numbers to another member. Additionally, the new subsection would require the association to impose a fine on a member improperly disclosing protected information. On February 16, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5126&GAID=14&GA=100&DocTypeID=HB&LegID=110746&SessionID=91

HB5208 (Rep. Demmer) LOWERING AGE OF COMMUNITY ASSOCIATION MANAGER. The bill amends the Community Association Manager Licensing and Disciplinary Act to lower the age of a qualified person as a community association manager from 21 to 18. On February 16, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5208&GAID=14&GA=100&DocTypeID=HB&LegID=110894&SessionID=91

HB5276 (Rep. Winger) TERM LIMITS FOR COMMON INTEREST COMMUNITY ASSOCIATION BOARD MEMBERS. The bill amends Section 1-25 (d) of the Common Interest Community Association Act. The bill strikes the phrase “but officers and directors may succeed themselves” and instead provides that “the succession of the board members shall be determined by the community instruments.” Further, the bill provides that community instruments can include term limits. On February 16, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5276&GAID=14&GA=100&DocTypeID=HB&LegID=111000&SessionID=91

HB5348 (Rep. Evans) MANAGER LICENSING. This bill would modify Community Association Manager Licensing and Disciplinary Act. The proposed language would eliminate all references to “supervising community association manager” and the requirement of a “supervising manager” licensing. Additionally, the proposed language would eliminate the requirement for a “community association management firm.” On February 16, 2018, this bill was referred to Rules Committee in the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5348&GAID=14&GA=100&DocTypeID=HB&LegID=111138&SessionID=91

HB5744 (Rep. Drury) ATTORNEY FEE AWARDS TO UNIT OWNERS/ELIMINATION OF FEES IN DEMAND NOTICES. The bill amends Section 9.2 “Other remedies” of the Illinois Condominium Property Act. The bill would require that attorney’s fees incurred in sending and serving a collection demands under the Forcible Act be EXCLUDED from an owner’s assessment account. Additionally, contrary to most governing documents, the bill provides that if an owner is the “substantially prevailing party” in any litigation or arbitration (including a collection action) involving an association or its board, the court shall award that owner his or her attorney’s fees and costs. On February 16, 208 this bill was referred to Rules Committee. This bill is identical to HB3755 introduced in 2017 by Representative Drury.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5744&GAID=14&GA=100&DocTypeID=HB&LegID=111835&SessionID=91

HB5783 (Rep. Manley) CHANGES TO SECTION 18.10 OF CONDO ACT REGARDING GAAP ACCOUNTING. This bill amends recently enacted Section 18.10 of the Illinois Condominium Property Act regarding GAAP accounting obligations. The bill would raise the threshold to 200 units before being subject to GAAP accounting obligation until 2019. In 2019 the threshold would be reduced to 176 units; in 2020 to 136 units; and, in 2021to 101 units. On February 16, 208 this bill was referred to Rules Committee

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5783&GAID=14&GA=100&DocTypeID=HB&LegID=111874&SessionID=91

SB572 (Sen. Raoul) STRIKING OF EMAILS AND PHONE NUMBERS FROM SEC. 19 REQUESTS UNDER THE CONDO ACT. Senate Amendment No. 1 of this bill amends Section 19 of the Illinois Condominium Property Act. The bill strikes “email addresses” and “telephone numbers” from records which are permitted to be inspected by members pursuant to a record review request. While a portion of P.A. 100-292 added the requirement to make this information available, this bill would remove part of the information required to be made available for review. On February 14, 2018 this bill passed the Senate Judiciary.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=572&GAID=14&GA=100&DocTypeID=SB&LegID=100516&SessionID=91

SB928 (Sen. Bertino-Tarrant) NOTICE TO BUYERS IN COMMON INTEREST COMMUNITIES REGARDING ASSESSMENTS. This bill amends the Common Interest Community Association Act, to create a new Section 1-37 regarding additional mandatory disclosures in the event of a sale or conveyance of a property. The bill obligates the board of an association to provide a person interested in purchasing the property with documentation detailing the “assessment structure” and any penalties for failure to pay the assessments. Further, the “written documentation” from the association must provide space for signatures of the current owner and purchaser acknowledging receipt and review of the assessment documentation. The acknowledgment must be delivered to the board and kept by the board. These requirements are in addition to the disclosures required under Section 1-35 of the Act. On January 24, 2018 this bill was referred to the Civil Procedure Subcommittee of the House.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=928&GAID=14&GA=100&DocTypeID=SB&LegID=103064&SessionID=91

SB 2485 (Sen. Murphy) REQUIRED NOTICE AND HEARING BEFORE COMMENCING COLLECTION PROCEEDINGS. 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: (a) The bill amends Sec. 9 (g)(1) of the Act and states that before unpaid common expense, fines, late charges and fees becomes a statutory lien against a unit, the unit owner must be given written notice and an opportunity to be heard; (b) 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 amounts, the unit owner must be given notice and an opportunity for a hearing; (c) The bill creates a new Section 18 (r) of the Act and states that an association has no authority to initiate collection proceedings until the board issues a notice of delinquency and grants the owner and opportunity for a hearing; and (d) The bill amends Section 18.4 (l) of the Act to clarify that the Board only has authority to issue a fine after “written” notice and an opportunity to be heard. On February 7, 208 this bill was assigned to Senate Judiciary.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=2485&GAID=14&GA=100&DocTypeID=SB&LegID=109217&SessionID=91

SB2556 (Sen. Murphy) ATTORNEY FEE AWARDS TO UNIT OWNERS/ELIMINATION OF FEES IN DEMAND NOTICES. The bill amends Section 9.2 “Other remedies” of the Illinois Condominium Property Act. The bill would require that attorney’s fees incurred in sending and serving a collection demands under the Forcible Act be EXCLUDED from an owner’s assessment account. Additionally, contrary to most governing documents, the bill provides that if an owner is the “substantially prevailing party” in any litigation or arbitration (including a collection action) involving an association or its board, the court shall award that owner his or her attorney’s fees and costs. On February 14, 208 this bill was assigned to Senate Judiciary. This bill is identical to HB3755 introduced in 2017 by Representative Drury.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=2556&GAID=14&GA=100&DocTypeID=SB&LegID=109453&SessionID=91

SB3165 (Rep. Connelly) ADDITIONAL CHANGES TO SECTION 19 OF THE CONDOMINIUM ACT. This bill amends Sections 18 and 19 of the Illinois Condominium Property Act. The bill amends Section 18 to provide that the By-laws of a condominium association shall provide for the imposition of fines for disclosing personal information of members. The bill amends Section 19 to create a new subsection (g-5) to permit a member to opt out of the disclosure of personal information such as names, address, email address and/or telephone numbers to another member. Additionally, the new subsection would require the association to impose a fine on a member improperly disclosing protected information. On February 16, 2018 this bill was referred to Assignments in the Senate.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=3165&GAID=14&GA=100&DocTypeID=SB&LegID=110831&SessionID=91

SB3394 (Sen. Althoff) LOWERING AGE OF COMMUNITY ASSOCIATION MANAGER. The bill amends the Community Association Manager Licensing and Disciplinary Act to lower the age of a qualified person as a community association manager from 21 to 18. On February 16, 2018 this bill was referred to Assignments in the Senate.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=3394&GAID=14&GA=100&DocTypeID=SB&LegID=111338&SessionID=91

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