Legislative Update – 2023

On January 11, 2023, the 103rd General Assembly was inaugurated. With the new General Assembly came a flurry of new legislation introduced in both the House and the Senate. As has been the case in the recent past, that newly introduced legislation includes numerous bills impacting community associations and the community association industry. The Illinois Legislative Action Committee (ILAC) reviewed these bills and engaged sponsors and other stakeholders as necessary to protect community associations and the community association industry. At the time this article was written, no bills had been sent to the Governor. However, a handful were on track to pass both chambers and be sent to the Governor. Some of those bills are listed below.

HB2174
This bill amends the Homeowners’ Energy Policy Statement Act (HEPSA). We saw some changes to HEPSA in 2021. HB2174 was introduced at the request of members of the solar panel industry to address issues their customers have allegedly run into with homeowner associations since those 2021 changes. The bill presented several issues concerning ILAC because they would adversely impact associations administratively, financially, and could increase the likelihood of litigation. For example, language in the bill as introduced was broad and could have limited an association’s ability to regulate when, where, and how construction equipment and materials could be stored. ILAC successfully amended that language to ensure that equipment and materials cannot be stored on common area or other owner’s property. Also, the bill provides that owners may install solar panels without express permission if an association does not process an application within prescribed time periods. Although the sponsors and proponents would not agree to remove that provision, ILAC successfully worked with those parties to amend the bill and ensure that associations have an opportunity to cure before an owner can simply install solar panels without permission. ILAC successfully addressed other issues that shaped the bill to its current amended form.

For more information about the bill and to review the actual text of the bill, please visit the ILGA website. A link to the bill information can be found here.

HB2207
This bill amends multiple statutes governing industries regulated and licensed by the Illinois Department of Financial and Professional Regulation (IDFPR). One of those statutes is the Community Association Manger Licensing and Disciplinary Act (CAM Act). In 2022, we saw substantive changes to the CAM Act regarding which ILAC worked closing with the bill sponsor and IDFPR. This year the proposed changes are more in the nature of “clean up”. In other words, the bill makes similar changes to multiple statutes for the purposes of modernizing language and uniformity among regulated industries. ILAC did review HB2207 and worked with IDFPR to ensure that there were no problematic changes.

For more information about the bill and to review the actual text of the bill, please visit the ILGA website. A link to the bill information can be found here.

HB2562
This bill amends the Condominium Property Act (CPA), the Common Interest Community Association Act (CICAA), and the Landlord and Tenant Act. With respect to the CPA and CICAA, the bill creates new similar sections in each statute. Those new sections establish minimum heating and cooling requirements applicable to associations in which their respective declarations limit ownership, rental, or occupancy of a unit to a person 55 years of age or older.

Generally, buildings that have a central cooling system serving all units must ensure that it operates when the heat index exceeds 80 degrees Fahrenheit. Buildings with a central heating system serving all units must maintain specified minimum temperatures during cold months (at least 68 degrees Fahrenheit during waking hours; at least 62 degrees during sleeping hours). A building that does not have a central cooling system serving all units should provide at least one indoor common gathering space in which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit.

The bill as introduced was problematic to community associations because it would have imposed requirements that were administratively and financially burdensome. ILAC successfully worked closely with the sponsor to narrow the scope of the bill and to ensure that it was more along the lines of similar legislation and ordinances.

For more information about the bill and to review the actual text of the bill, please visit the ILGA website. A link to the bill information can be found here.

SB40
This bill creates a new Electric Vehicle Charging Act. As introduced, this bill was similar to bills introduced in previous legislative sessions. This time around, more interested parties become involved in shaping the bill. The bill impacted several industries, not just community associations. As was the case with previous similar bills, ILAC worked closely with the sponsor and proponents to have the bill amended as it pertains to community associations. One significant issue involved language in the bill that could have a significant adverse financial impact on an association. As introduced, the bill would have imposed requirements related to electric vehicle changing stations applicable to a community association if that association embarked on a project that would have fallen under the term “renovate” ( as that term was defined in the bill). ILAC was successful in removing that problematic language. In its amended form, the bill provides that an association cannot prohibit electric vehicle charging stations. It also sets forth procedures and requirements to be followed when an individual owner desires to install an electric vehicle charging station for their personal use.

For more information about the bill and to review the actual text of the bill, please visit the ILGA website. A link to the bill information can be found here.

SB1460
This bill amends CICAA by adding a new subsection (k) to Section 1-30. Among other things, Section 1-30 sets forth duties and obligations of the board of managers/directors. The new subsection (k) expressly grants the board the authority to contract with the highway commissioner to furnish maintenance and repair to roads situated in the association. That authority is limited to situations when the association comprises 50% or more of the population of the township or road district in which it is located.

For more information about the bill and to review the actual text of the bill, please visit the ILGA website. A link to the bill information can be found here.

Kristofer Kasten

Kristofer D. Kasten is a principal and founding member of Bartzen Rosenlund Kasten LLC (“BRK”). BRK is a boutique law firm focusing on the representation of...

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