Illinois House Bill HB5388

Illinois 2023-2024 Regular Session

• Introduced: 2/9/24
• Refer: 2/28/24
• Refer: 2/9/24
• Refer: 4/5/24

Caption

HOMEOWNERS ASSN BILL OF RIGHTS

Impact

The Act requires all members of an association to pay an annual fee of $3 to fund the operations of the newly created HOA Department. This fund will be utilized exclusively to manage complaints pertaining to HOA compliance issues. Notably, the bill places limits on how much associations can increase annual assessments and requires that any special assessments over $100,000 receive majority approval from members. Such provisions intend to ensure transparency and protect homeowners from excessive financial burdens imposed by their associations.

Summary

House Bill 5388, also known as the Homeowners' Association Bill of Rights Act, establishes a distinct department within the Office of the Attorney General specifically to oversee and enforce provisions governing homeowners' associations (HOAs). It mandates the formation of an HOA Department within the Consumer Protection Division, which will provide enforcement and guidance related to HOA operations. This initiative aims to increase accountability and protect the rights of homeowners within associations throughout the state of Illinois.

Contention

One of the significant points of contention within discussions of HB5388 may arise from the new complaint mechanisms it introduces, which permit homeowners to formally report grievances against board members. The bill establishes a process that includes the possibility of board member removal for violations of the law or governing documents of the association. Critics may argue that these measures are overly punitive and could create conflicts within community governance, while proponents would see it as a necessary protection for residents who may feel disenfranchised by their associations.