Lawmakers Revise Illinois Condominium Laws

 Posted on January 28, 2016 in DuPage County Real Estate Attorney

The new year brought with it the enactment of many new laws in the state of Illinois. Included in that batch of statutes were changes to the Illinois Condominium Property Act. Some of these changes have already become effective; however, some will not go into effect until June or July of this year.

Owners of condominiums own the unit they have purchased and, depending on the type of unit, may own a small portion of land around the unit. Ownership of the common areas and amenities of the development is shared by all the owners and is governed by a condominium association. All owners are members of the association, and they typically elect a board to oversee the policies and expenses of the development. Expenses are paid using funds collected for association fees all owners are required to pay.

When a buyer purchases a condo, they are required to sign a contract agreeing to abide by the association's rules and regulations. The Illinois Condominium Property Act establishes what rules and regulations the association can require.

One of the issues addressed in the changes to the Act was how associations communicate with owners. Since more and more people rely on electronic messaging, the Act added new definitions for "acceptable technological means" and "electronic transmission" regarding the usage of electronic notices sent to owners and electronic voting. The Act also requires that an owner consents to electronic communications, otherwise, the association is still required to provide a "hard copy" for the owner. There is also a section that outlines the rules regarding electronic voting.

Additionally, an amendment was made to insurance requirements and now removes the right of an association to purchase insurance for a condo owner who does not purchase insurance on his or her own.

Another change to the Act is the decrease in the number of days a board is required to provide owners with an annual budget proposal. Instead of 30 days, the number of days is now 25.

In the event an association board is required to address an emergency situation outside of a regular meeting, the board must now notify owners of the emergency and what steps they took to address the situation. This notice must be delivered within seven business days of the event.

There were also changes made to the Act addressing what the procedure should be in the event that there needs to be an amendment made to an associations bylaws and declarations.

The last amendment made to the Act declares that every condominium association in Illinois is also governed by the Condominium Ombudsperson Act. This act, which will create the Office of the Condominium and Common Interest Community Ombudsperson, goes into effect in July. All associations are required to register with the office, which will offer resources and training to associations, boards, and owners.

Purchasing a condominium and understanding all the bylaws and declarations of the association can be complicated and confusing. Contact an experienced DuPage County real estate attorney today to assist you.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct

http://homeguides.sfgate.com/condominium-association-1442.html

http://www.chicagotribune.com/classified/realestate/ct-mre-0103-condo-adviser-20151228-story.html

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3587&ChapterID=62