Are there any new Illinois condo law changes?

Recent case law has encouraged the Illinois legislature to change the requirements for the way your board can notify unit owners of upcoming board meetings. The new laws impose certain time requirements when your association sends out email notice of meetings.

What are the laws for condominiums in Illinois?

Federal Laws – In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Illinois. Illinois Condominium Property Act, 765 ILCS 605/1, et seq.:

What are the Hoa laws in the state of Illinois?

Illinois State Collection Act of 1986 – regulates HOA debt collection at the state level and contains provisions similar to the FDCPA. The Act is administered by the Illinois’ Attorney General. Illinois Human Rights Act – 775 ILCS 5 – This law protects people from housing discrimination based on race, sex, pregnancy,…

When to post notice of condo association meeting?

The new laws impose certain time requirements when your association sends out email notice of meetings. Email notice must be provided at least forty-eight hours in advance of the meeting, in addition to the duty to post notice of meetings at least 48 hours prior. 3. Notification timing: Proposed annual budget

What is uniform condo Act?

Uniform Condominium Act (UCA) UCA contains comprehensive provisions for creation, management, and termination of condominium associations, including point-of-sale consumer protection.

What is condo law?

Condominium law is a body of law designed to govern how people interact with each other within a condominium community. Some condominium law is made on a state level in the location where the condominium is located. Other condominium law is private law, created by the condo ‘s bylaws and legally valid only because…

What is Condo Owners Association?

A: A condominium homeowners association is made up of all of the owners in a condominium. When you buy a condominium, you automatically become a member of the homeowners association.

Is there a statewide building code in Illinois?

Building Codes and Regulations The State of Illinois has not adopted statewide building codes. Instead, units of local government such as cities and counties can adopt codes of their choice. The best and most accurate answers to building code questions must be answered by your city, village, or county code official.

Can a partition wall be put up in an Illinois condominium?

A-15. The Illinois Condominium Property Act prohibits partitions in the condominium association, but this a legal term having to do with dividing ownership among tenants in common. It does not prohibit putting up a partition wall in a portion of a unit. Thus, the Illinois Condominium Property Act does not prohibit what you are attempting.

What does the Illinois Condominium Property Act do?

The Illinois Condominium Property Act provides the framework for the creation and governance of condominium associations. Condominium associations may choose to incorporate as Illinois not-for-profit corporations, pursuant to Section 18.1 of the Act, but are not required to do so.

Is the roof of a condominium considered a CE?

The roof of a condominium building is almost always expressly deemed a CE. And, if there is a rainstorm and the roof leaks, it is easy to see understand the consequences of such a leak. If a roof leaks, virtually every type of property at a building can be affected.

What do you need to know about the Illinois condo Act?

The Act requires that by January 1, 2017, all associations must adopt a written policy for resolving complaints made by unit owners and prepare a complaint form for use by the owners. The policy must include a sample form upon which owners can make complaints, a description of how to make complaints, and a description of the resolution process. 2.

What are the rights of a condominium owner?

Of course their ability to do this depends upon their getting sufficient support from other unit owners to attain the necessary voting power to amend the bylaws. Unit owners also have the right to inspect financial and other condominium records and to vote to approve or disapprove budgets recommended by the board.

Can a board member attend a condo board meeting?

Board members can now participate in board meetings by telephone or other electronic means. Effective in June of 2016, notice of the meetings can now be “given to every board member,” which means a notice by telephone, email, text message, door delivery or other means is sufficient. 6. Declaration amendments without owner approval

Who is the Attorney for the condominium board in Illinois?

In this Learn About Law podcast & videoblog, attorney Kevin O’Flaherty of O’Flaherty Law discuss common disputes between condominium owners and condominium associations, condominium boards, and individual members of condominium boards in Illinois.

What do you need to know about Illinois condominium law?

‍The Condominium Property Act and the Illinois forcible entry and detainer statute (735 ILCS 5/901, et seq.) establish the process for a condominium board to deal with a unit owner’s failure to meet his or her obligations.

When do condos have to have a policy?

What is section 33 of the Illinois Condominium Property Act?

the Illinois Legislature enacted Section 33 of the Illinois Condominium Property Act (“ICPA”) to address restricting use of recreational marijuana on association property. That section allows an association’s unit owners to amend its Declaration of Condominium to prohibit recreational smoking (that is, burning) of cannabis

Can a condominium board amend a declaration without owner approval?

Finally, recent amendments allow a board to amend the association’s declaration to correct an error, omission or inconsistency and to conform the declaration to the changes in the law. This allows amendments without owner approval and does not require notice to or approval of mortgagees, despite a declaration provision to the contrary.

How does the Chicago condominium ordinance work for sale?

Chicago Condominium Ordinance and Deconversion Section 15 of the ICPA governs the sale of a condominium building in its entirety and requires approval of not less than 75% of ownership before a property can be sold. In response to complaints from condominium owners who were forced to

What makes a meeting under the Illinois Open Meetings Act a meeting?

If the body has only five members, the quorum consists of three, and two people would constitute a “meeting” under the act. The intent is to bring the provisions of the act to bear upon any group large enough to carry a vote at a subsequent meeting.

What to know about the Illinois Condominium Property Act?

As emotions, opinions and accusations fly, it is important for each condominium association to ensure its Board and owners follow the governing documents, while being mindful of the following provisions of the Illinois Condominium Property Act (“Act”) in preparing for the annual meeting.

When is the annual meeting of the condominium association?

Depending on the terms of your association’s Declaration, the Annual Meeting may occur on a specific day each year, or may be scheduled at the discretion of the Board. Who is Permitted to Vote in the Election? With few exceptions, only unit owners, who are members of the association, may vote in the Association’s election.

Who is allowed to attend a condominium board meeting?

Optional Attendance: Open to all Unit Owners. At the option of Board members, others may be invited, such as the management company representative or others presenting information about association business. Discussion: Condominium:Unit Owners do not have the right to comment at Board meetings.