Illinois 2025-2026 Regular Session

Illinois House Bill HB2563 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2563 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-32 new765 ILCS 160/1-35765 ILCS 605/18.5 from Ch. 30, par. 318.5765 ILCS 605/22.1 from Ch. 30, par. 322.1 Amends the Common Interest Community Association Act. Requires a common interest association to conduct and update a reserve study every 5 years. "Reserve study" means an analysis of the reserves required for future major maintenance, repairs, and replacements of the common elements. Grants a 5-year window for an association to conduct a reserve study or update a current study. Requires a reserve study to be made available to any prospective purchaser of a unit upon request for a resale of any unit in the community. Exempts an association with 15 or fewer units but still requires the board to comply with the budgeting and reserve requirements elsewhere in the Act. Amends the Condominium Property Act to make similar changes. LRB104 09919 JRC 19989 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2563 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-32 new765 ILCS 160/1-35765 ILCS 605/18.5 from Ch. 30, par. 318.5765 ILCS 605/22.1 from Ch. 30, par. 322.1 765 ILCS 160/1-32 new 765 ILCS 160/1-35 765 ILCS 605/18.5 from Ch. 30, par. 318.5 765 ILCS 605/22.1 from Ch. 30, par. 322.1 Amends the Common Interest Community Association Act. Requires a common interest association to conduct and update a reserve study every 5 years. "Reserve study" means an analysis of the reserves required for future major maintenance, repairs, and replacements of the common elements. Grants a 5-year window for an association to conduct a reserve study or update a current study. Requires a reserve study to be made available to any prospective purchaser of a unit upon request for a resale of any unit in the community. Exempts an association with 15 or fewer units but still requires the board to comply with the budgeting and reserve requirements elsewhere in the Act. Amends the Condominium Property Act to make similar changes. LRB104 09919 JRC 19989 b LRB104 09919 JRC 19989 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2563 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3	3	765 ILCS 160/1-32 new765 ILCS 160/1-35765 ILCS 605/18.5 from Ch. 30, par. 318.5765 ILCS 605/22.1 from Ch. 30, par. 322.1 765 ILCS 160/1-32 new 765 ILCS 160/1-35 765 ILCS 605/18.5 from Ch. 30, par. 318.5 765 ILCS 605/22.1 from Ch. 30, par. 322.1
4	4	765 ILCS 160/1-32 new
5	5	765 ILCS 160/1-35
6	6	765 ILCS 605/18.5 from Ch. 30, par. 318.5
7	7	765 ILCS 605/22.1 from Ch. 30, par. 322.1
8	8	Amends the Common Interest Community Association Act. Requires a common interest association to conduct and update a reserve study every 5 years. "Reserve study" means an analysis of the reserves required for future major maintenance, repairs, and replacements of the common elements. Grants a 5-year window for an association to conduct a reserve study or update a current study. Requires a reserve study to be made available to any prospective purchaser of a unit upon request for a resale of any unit in the community. Exempts an association with 15 or fewer units but still requires the board to comply with the budgeting and reserve requirements elsewhere in the Act. Amends the Condominium Property Act to make similar changes.
9	9	LRB104 09919 JRC 19989 b LRB104 09919 JRC 19989 b
10	10	LRB104 09919 JRC 19989 b
11	11	A BILL FOR
12	12	HB2563LRB104 09919 JRC 19989 b HB2563 LRB104 09919 JRC 19989 b
13	13	HB2563 LRB104 09919 JRC 19989 b
14	14	1 AN ACT concerning civil law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Common Interest Community Association Act
18	18	5 is amended by adding Section 1-32 and by changing Section 1-35
19	19	6 as follows:
20	20	7 (765 ILCS 160/1-32 new)
21	21	8 Sec. 1-32. Reserve study.
22	22	9 (a) As used in this Section:
23	23	10 "Major shared components or significant infrastructure"
24	24	11 means structural, mechanical, electrical, and plumbing
25	25	12 components of the common areas and any other components that
26	26	13 are the responsibility of the association to maintain,
27	27	14 restore, repair, and replace, or infrastructure, including,
28	28	15 but not limited to, roads, street lighting, hardscape,
29	29	16 landscape, ponds and lakes, water features, pools, and
30	30	17 accessory buildings, if applicable, with a restoration or
31	31	18 replacement cost exceeding $10,000, which are capital expenses
32	32	19 as identified in the federal tax code and generally accepted
33	33	20 accounting principles.
34	34	21 "Reserve study" means an analysis of the reserves required
35	35	22 for future major maintenance, repairs and replacements of the
36	36	23 common areas that:
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2563 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
41	41	765 ILCS 160/1-32 new765 ILCS 160/1-35765 ILCS 605/18.5 from Ch. 30, par. 318.5765 ILCS 605/22.1 from Ch. 30, par. 322.1 765 ILCS 160/1-32 new 765 ILCS 160/1-35 765 ILCS 605/18.5 from Ch. 30, par. 318.5 765 ILCS 605/22.1 from Ch. 30, par. 322.1
42	42	765 ILCS 160/1-32 new
43	43	765 ILCS 160/1-35
44	44	765 ILCS 605/18.5 from Ch. 30, par. 318.5
45	45	765 ILCS 605/22.1 from Ch. 30, par. 322.1
46	46	Amends the Common Interest Community Association Act. Requires a common interest association to conduct and update a reserve study every 5 years. "Reserve study" means an analysis of the reserves required for future major maintenance, repairs, and replacements of the common elements. Grants a 5-year window for an association to conduct a reserve study or update a current study. Requires a reserve study to be made available to any prospective purchaser of a unit upon request for a resale of any unit in the community. Exempts an association with 15 or fewer units but still requires the board to comply with the budgeting and reserve requirements elsewhere in the Act. Amends the Condominium Property Act to make similar changes.
47	47	LRB104 09919 JRC 19989 b LRB104 09919 JRC 19989 b
48	48	LRB104 09919 JRC 19989 b
49	49	A BILL FOR
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55	55	765 ILCS 160/1-32 new
56	56	765 ILCS 160/1-35
57	57	765 ILCS 605/18.5 from Ch. 30, par. 318.5
58	58	765 ILCS 605/22.1 from Ch. 30, par. 322.1
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77	77	1 (1) identifies each structural, mechanical,
78	78	2 electrical, and plumbing component of the common areas and
79	79	3 any other components that are the responsibility of the
80	80	4 association to maintain, repair, and replace;
81	81	5 (2) states the normal useful life and the estimated
82	82	6 remaining useful life of each identified component;
83	83	7 (3) states the estimated cost of maintenance, repair,
84	84	8 or replacement of each identified component; and
85	85	9 (4) states the estimated annual reserve amount
86	86	10 necessary to accomplish any identified future maintenance,
87	87	11 repair, or replacement.
88	88	12 (b) Any association with major shared components or
89	89	13 significant infrastructure shall cause a reserve study to be
90	90	14 conducted and updated in accordance with this Section.
91	91	15 (c) Any association with major shared components or
92	92	16 significant infrastructure that has had a reserve study
93	93	17 conducted on or after January 1, 2024, shall have an updated
94	94	18 reserve study conducted within 5 years after the date the
95	95	19 reserve study was conducted, and at least every 5 years
96	96	20 thereafter, for purposes of assessing the condition of and
97	97	21 planning for maintenance, repair, and replacement of the
98	98	22 common areas.
99	99	23 (d) Any association with major shared components or
100	100	24 significant infrastructure that has not had a reserve study
101	101	25 conducted on or after January 1, 2024, shall require that a
102	102	26 reserve study be conducted on or before January 1, 2028, and
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113	113	1 shall update the study every 5 years for purposes of assessing
114	114	2 the condition of and planning for maintenance, repair and
115	115	3 replacement of the common areas.
116	116	4 (e) The reserve study and any update to the reserve study
117	117	5 shall be conducted by a qualified person, association,
118	118	6 organization, or business entity that is knowledgeable about
119	119	7 the major shared components or significant infrastructure that
120	120	8 will be the subject of the reserve study. A qualified person,
121	121	9 association, organization, or business entity is one that has
122	122	10 experience and knowledge about the normal useful life,
123	123	11 function, performance, condition, maintenance, repair, and
124	124	12 replacement of any one or more of the major shared components
125	125	13 or significant infrastructure that will be the subject of the
126	126	14 reserve study, as well as the related expenses. The reserve
127	127	15 study is not required to be conducted by a single person,
128	128	16 association, organization, or business entity. An association
129	129	17 may internally prepare a reserve study if the reserve study
130	130	18 compiles information from a qualified person, association,
131	131	19 organization, or business entity.
132	132	20 (f) In the event of resale of any unit in the common
133	133	21 interest community, a copy of the most recent reserve study,
134	134	22 if any, shall be made available to any prospective purchaser
135	135	23 upon request.
136	136	24 (g) Any association with 15 or fewer units is exempt from
137	137	25 the requirements of this Section; however, the board still
138	138	26 must comply with budgeting and reserve requirements set forth
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149	149	1 in this Act or in the community instruments.
150	150	2 (765 ILCS 160/1-35)
151	151	3 Sec. 1-35. Member powers, duties, and obligations.
152	152	4 (a) The provisions of this Act, the declaration, bylaws,
153	153	5 other community instruments, and rules and regulations that
154	154	6 relate to the use of an individual unit or the common areas
155	155	7 shall be applicable to any person leasing a unit and shall be
156	156	8 deemed to be incorporated in any lease executed or renewed on
157	157	9 or after the effective date of this Act. Unless otherwise
158	158	10 provided in the community instruments, with regard to any
159	159	11 lease entered into subsequent to the effective date of this
160	160	12 Act, the unit owner leasing the unit shall deliver a copy of
161	161	13 the signed lease to the association or if the lease is oral, a
162	162	14 memorandum of the lease, not later than the date of occupancy
163	163	15 or 10 days after the lease is signed, whichever occurs first.
164	164	16 (b) If there are multiple owners of a single unit, only one
165	165	17 of the multiple owners shall be eligible to serve as a member
166	166	18 of the board at any one time, unless the unit owner owns
167	167	19 another unit independently.
168	168	20 (c) Two-thirds of the membership may remove a board member
169	169	21 as a director at a duly called special meeting.
170	170	22 (d) In the event of any resale of a unit in a common
171	171	23 interest community association by a member or unit owner other
172	172	24 than the developer, the board shall make available for
173	173	25 inspection to the prospective purchaser, upon demand, the
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184	184	1 following:
185	185	2 (1) A copy of the declaration, other instruments, and
186	186	3 any rules and regulations.
187	187	4 (2) A statement of any liens, including a statement of
188	188	5 the account of the unit setting forth the amounts of
189	189	6 unpaid assessments and other charges due and owing.
190	190	7 (3) A statement of any capital expenditures
191	191	8 anticipated by the association within the current or
192	192	9 succeeding 2 fiscal years.
193	193	10 (4) A statement of the status and amount of any
194	194	11 reserve or replacement fund and any other fund
195	195	12 specifically designated for association projects.
196	196	13 (5) A copy of the statement of financial condition of
197	197	14 the association for the last fiscal year for which such a
198	198	15 statement is available.
199	199	16 (6) A statement of the status of any pending suits or
200	200	17 judgments in which the association is a party.
201	201	18 (7) A statement setting forth what insurance coverage
202	202	19 is provided for all members or unit owners by the
203	203	20 association for common properties.
204	204	21 (8) A copy of the most recent reserve study, if any.
205	205	22 The principal officer of the board or such other officer
206	206	23 as is specifically designated shall furnish the above
207	207	24 information within 30 days after receiving a written request
208	208	25 for such information.
209	209	26 A reasonable fee covering the direct out-of-pocket cost of
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220	220	1 copying and providing such information may be charged by the
221	221	2 association or the board to the unit seller for providing the
222	222	3 information.
223	223	4 (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
224	224	5 98-842, eff. 1-1-15.)
225	225	6 Section 10. The Condominium Property Act is amended by
226	226	7 changing Sections 18.5 and 22.1 as follows:
227	227	8 (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
228	228	9 Sec. 18.5. Master Associations.
229	229	10 (a) If the declaration, other condominium instrument, or
230	230	11 other duly recorded covenants provide that any of the powers
231	231	12 of the unit owners associations are to be exercised by or may
232	232	13 be delegated to a nonprofit corporation or unincorporated
233	233	14 association that exercises those or other powers on behalf of
234	234	15 one or more condominiums, or for the benefit of the unit owners
235	235	16 of one or more condominiums, such corporation or association
236	236	17 shall be a master association.
237	237	18 (b) There shall be included in the declaration, other
238	238	19 condominium instruments, or other duly recorded covenants
239	239	20 establishing the powers and duties of the master association
240	240	21 the provisions set forth in subsections (c) through (h).
241	241	22 In interpreting subsections (c) through (h), the courts
242	242	23 should interpret these provisions so that they are interpreted
243	243	24 consistently with the similar parallel provisions found in
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254	254	1 other parts of this Act.
255	255	2 (c) Meetings and finances.
256	256	3 (1) Each unit owner of a condominium subject to the
257	257	4 authority of the board of the master association shall
258	258	5 receive, at least 30 days prior to the adoption thereof by
259	259	6 the board of the master association, a copy of the
260	260	7 proposed annual budget.
261	261	8 (2) The board of the master association shall annually
262	262	9 supply to all unit owners of condominiums subject to the
263	263	10 authority of the board of the master association an
264	264	11 itemized accounting of the common expenses for the
265	265	12 preceding year actually incurred or paid, together with a
266	266	13 tabulation of the amounts collected pursuant to the budget
267	267	14 or assessment, and showing the net excess or deficit of
268	268	15 income over expenditures plus reserves.
269	269	16 (3) Each unit owner of a condominium subject to the
270	270	17 authority of the board of the master association shall
271	271	18 receive written notice mailed or delivered no less than 10
272	272	19 and no more than 30 days prior to any meeting of the board
273	273	20 of the master association concerning the adoption of the
274	274	21 proposed annual budget or any increase in the budget, or
275	275	22 establishment of an assessment.
276	276	23 (4) Meetings of the board of the master association
277	277	24 shall be open to any unit owner in a condominium subject to
278	278	25 the authority of the board of the master association,
279	279	26 except for the portion of any meeting held:
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290	290	1 (A) to discuss litigation when an action against
291	291	2 or on behalf of the particular master association has
292	292	3 been filed and is pending in a court or administrative
293	293	4 tribunal, or when the board of the master association
294	294	5 finds that such an action is probable or imminent,
295	295	6 (B) to consider information regarding appointment,
296	296	7 employment or dismissal of an employee, or
297	297	8 (C) to discuss violations of rules and regulations
298	298	9 of the master association or unpaid common expenses
299	299	10 owed to the master association.
300	300	11 Any vote on these matters shall be taken at a meeting or
301	301	12 portion thereof open to any unit owner of a condominium
302	302	13 subject to the authority of the master association.
303	303	14 Any unit owner may record the proceedings at meetings
304	304	15 required to be open by this Act by tape, film or other
305	305	16 means; the board may prescribe reasonable rules and
306	306	17 regulations to govern the right to make such recordings.
307	307	18 Notice of meetings shall be mailed or delivered at least
308	308	19 48 hours prior thereto, unless a written waiver of such
309	309	20 notice is signed by the persons entitled to notice before
310	310	21 the meeting is convened. Copies of notices of meetings of
311	311	22 the board of the master association shall be posted in
312	312	23 entranceways, elevators, or other conspicuous places in
313	313	24 the condominium at least 48 hours prior to the meeting of
314	314	25 the board of the master association. Where there is no
315	315	26 common entranceway for 7 or more units, the board of the
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326	326	1 master association may designate one or more locations in
327	327	2 the proximity of these units where the notices of meetings
328	328	3 shall be posted.
329	329	4 (5) If the declaration provides for election by unit
330	330	5 owners of members of the board of directors in the event of
331	331	6 a resale of a unit in the master association, the
332	332	7 purchaser of a unit from a seller other than the developer
333	333	8 pursuant to an installment sales contract for purchase
334	334	9 shall, during such times as he or she resides in the unit,
335	335	10 be counted toward a quorum for purposes of election of
336	336	11 members of the board of directors at any meeting of the
337	337	12 unit owners called for purposes of electing members of the
338	338	13 board, and shall have the right to vote for the election of
339	339	14 members of the board of directors and to be elected to and
340	340	15 serve on the board of directors unless the seller
341	341	16 expressly retains in writing any or all of those rights.
342	342	17 In no event may the seller and purchaser both be counted
343	343	18 toward a quorum, be permitted to vote for a particular
344	344	19 office, or be elected and serve on the board. Satisfactory
345	345	20 evidence of the installment sales contract shall be made
346	346	21 available to the association or its agents. For purposes
347	347	22 of this subsection, "installment sales contract" shall
348	348	23 have the same meaning as set forth in Section 5 of the
349	349	24 Installment Sales Contract Act and subsection (e) of
350	350	25 Section 1 of the Dwelling Unit Installment Contract Act.
351	351	26 (6) The board of the master association shall have the
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362	362	1 authority to establish and maintain a system of master
363	363	2 metering of public utility services and to collect
364	364	3 payments in connection therewith, subject to the
365	365	4 requirements of the Tenant Utility Payment Disclosure Act.
366	366	5 (7) The board of the master association or a common
367	367	6 interest community association shall have the power, after
368	368	7 notice and an opportunity to be heard, to levy and collect
369	369	8 reasonable fines from members for violations of the
370	370	9 declaration, bylaws, and rules and regulations of the
371	371	10 master association or the common interest community
372	372	11 association. Nothing contained in this subdivision (7)
373	373	12 shall give rise to a statutory lien for unpaid fines.
374	374	13 (8) Other than attorney's fees, no fees pertaining to
375	375	14 the collection of a unit owner's financial obligation to
376	376	15 the Association, including fees charged by a manager or
377	377	16 managing agent, shall be added to and deemed a part of an
378	378	17 owner's respective share of the common expenses unless:
379	379	18 (i) the managing agent fees relate to the costs to collect
380	380	19 common expenses for the Association; (ii) the fees are set
381	381	20 forth in a contract between the managing agent and the
382	382	21 Association; and (iii) the authority to add the management
383	383	22 fees to an owner's respective share of the common expenses
384	384	23 is specifically stated in the declaration or bylaws of the
385	385	24 Association.
386	386	25 (d) Records.
387	387	26 (1) The board of the master association shall maintain
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398	398	1 the following records of the association and make them
399	399	2 available for examination and copying at convenient hours
400	400	3 of weekdays by any unit owners in a condominium subject to
401	401	4 the authority of the board or their mortgagees and their
402	402	5 duly authorized agents or attorneys:
403	403	6 (i) Copies of the recorded declaration, other
404	404	7 condominium instruments, other duly recorded covenants
405	405	8 and bylaws and any amendments, articles of
406	406	9 incorporation of the master association, annual
407	407	10 reports and any rules and regulations adopted by the
408	408	11 master association or its board shall be available.
409	409	12 Prior to the organization of the master association,
410	410	13 the developer shall maintain and make available the
411	411	14 records set forth in this subdivision (d)(1) for
412	412	15 examination and copying.
413	413	16 (ii) Detailed and accurate records in
414	414	17 chronological order of the receipts and expenditures
415	415	18 affecting the common areas, specifying and itemizing
416	416	19 the maintenance and repair expenses of the common
417	417	20 areas and any other expenses incurred, and copies of
418	418	21 all contracts, leases, or other agreements entered
419	419	22 into by the master association, shall be maintained.
420	420	23 (iii) The minutes of all meetings of the master
421	421	24 association and the board of the master association
422	422	25 shall be maintained for not less than 7 years.
423	423	26 (iv) Ballots and proxies related thereto, if any,
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434	434	1 for any election held for the board of the master
435	435	2 association and for any other matters voted on by the
436	436	3 unit owners shall be maintained for not less than one
437	437	4 year.
438	438	5 (v) Such other records of the master association
439	439	6 as are available for inspection by members of a
440	440	7 not-for-profit corporation pursuant to Section 107.75
441	441	8 of the General Not For Profit Corporation Act of 1986
442	442	9 shall be maintained.
443	443	10 (vi) With respect to units owned by a land trust,
444	444	11 if a trustee designates in writing a person to cast
445	445	12 votes on behalf of the unit owner, the designation
446	446	13 shall remain in effect until a subsequent document is
447	447	14 filed with the association.
448	448	15 (2) Where a request for records under this subsection
449	449	16 is made in writing to the board of managers or its agent,
450	450	17 failure to provide the requested record or to respond
451	451	18 within 30 days shall be deemed a denial by the board of
452	452	19 directors.
453	453	20 (3) A reasonable fee may be charged by the master
454	454	21 association or its board for the cost of copying.
455	455	22 (4) If the board of directors fails to provide records
456	456	23 properly requested under subdivision (d)(1) within the
457	457	24 time period provided in subdivision (d)(2), the unit owner
458	458	25 may seek appropriate relief, including an award of
459	459	26 attorney's fees and costs.
460	460
461	461
462	462
463	463
464	464
465	465	HB2563 - 12 - LRB104 09919 JRC 19989 b
466	466
467	467
468	468	HB2563- 13 -LRB104 09919 JRC 19989 b HB2563 - 13 - LRB104 09919 JRC 19989 b
469	469	HB2563 - 13 - LRB104 09919 JRC 19989 b
470	470	1 (e) The board of directors shall have standing and
471	471	2 capacity to act in a representative capacity in relation to
472	472	3 matters involving the common areas of the master association
473	473	4 or more than one unit, on behalf of the unit owners as their
474	474	5 interests may appear.
475	475	6 (f) Administration of property prior to election of the
476	476	7 initial board of directors.
477	477	8 (1) Until the election, by the unit owners or the
478	478	9 boards of managers of the underlying condominium
479	479	10 associations, of the initial board of directors of a
480	480	11 master association whose declaration is recorded on or
481	481	12 after August 10, 1990, the same rights, titles, powers,
482	482	13 privileges, trusts, duties and obligations that are vested
483	483	14 in or imposed upon the board of directors by this Act or in
484	484	15 the declaration or other duly recorded covenant shall be
485	485	16 held and performed by the developer.
486	486	17 (2) The election of the initial board of directors of
487	487	18 a master association whose declaration is recorded on or
488	488	19 after August 10, 1990, by the unit owners or the boards of
489	489	20 managers of the underlying condominium associations, shall
490	490	21 be held not later than 60 days after the conveyance by the
491	491	22 developer of 75% of the units, or 3 years after the
492	492	23 recording of the declaration, whichever is earlier. The
493	493	24 developer shall give at least 21 days notice of the
494	494	25 meeting to elect the initial board of directors and shall
495	495	26 upon request provide to any unit owner, within 3 working
496	496
497	497
498	498
499	499
500	500
501	501	HB2563 - 13 - LRB104 09919 JRC 19989 b
502	502
503	503
504	504	HB2563- 14 -LRB104 09919 JRC 19989 b HB2563 - 14 - LRB104 09919 JRC 19989 b
505	505	HB2563 - 14 - LRB104 09919 JRC 19989 b
506	506	1 days of the request, the names, addresses, and weighted
507	507	2 vote of each unit owner entitled to vote at the meeting.
508	508	3 Any unit owner shall upon receipt of the request be
509	509	4 provided with the same information, within 10 days of the
510	510	5 request, with respect to each subsequent meeting to elect
511	511	6 members of the board of directors.
512	512	7 (3) If the initial board of directors of a master
513	513	8 association whose declaration is recorded on or after
514	514	9 August 10, 1990 is not elected by the unit owners or the
515	515	10 members of the underlying condominium association board of
516	516	11 managers at the time established in subdivision (f)(2),
517	517	12 the developer shall continue in office for a period of 30
518	518	13 days, whereupon written notice of his resignation shall be
519	519	14 sent to all of the unit owners or members of the underlying
520	520	15 condominium board of managers entitled to vote at an
521	521	16 election for members of the board of directors.
522	522	17 (4) Within 60 days following the election of a
523	523	18 majority of the board of directors, other than the
524	524	19 developer, by unit owners, the developer shall deliver to
525	525	20 the board of directors:
526	526	21 (i) All original documents as recorded or filed
527	527	22 pertaining to the property, its administration, and
528	528	23 the association, such as the declaration, articles of
529	529	24 incorporation, other instruments, annual reports,
530	530	25 minutes, rules and regulations, and contracts, leases,
531	531	26 or other agreements entered into by the association.
532	532
533	533
534	534
535	535
536	536
537	537	HB2563 - 14 - LRB104 09919 JRC 19989 b
538	538
539	539
540	540	HB2563- 15 -LRB104 09919 JRC 19989 b HB2563 - 15 - LRB104 09919 JRC 19989 b
541	541	HB2563 - 15 - LRB104 09919 JRC 19989 b
542	542	1 If any original documents are unavailable, a copy may
543	543	2 be provided if certified by affidavit of the
544	544	3 developer, or an officer or agent of the developer, as
545	545	4 being a complete copy of the actual document recorded
546	546	5 or filed.
547	547	6 (ii) A detailed accounting by the developer,
548	548	7 setting forth the source and nature of receipts and
549	549	8 expenditures in connection with the management,
550	550	9 maintenance and operation of the property, copies of
551	551	10 all insurance policies, and a list of any loans or
552	552	11 advances to the association which are outstanding.
553	553	12 (iii) Association funds, which shall have been at
554	554	13 all times segregated from any other moneys of the
555	555	14 developer.
556	556	15 (iv) A schedule of all real or personal property,
557	557	16 equipment and fixtures belonging to the association,
558	558	17 including documents transferring the property,
559	559	18 warranties, if any, for all real and personal property
560	560	19 and equipment, deeds, title insurance policies, and
561	561	20 all tax bills.
562	562	21 (v) A list of all litigation, administrative
563	563	22 action and arbitrations involving the association, any
564	564	23 notices of governmental bodies involving actions taken
565	565	24 or which may be taken concerning the association,
566	566	25 engineering and architectural drawings and
567	567	26 specifications as approved by any governmental
568	568
569	569
570	570
571	571
572	572
573	573	HB2563 - 15 - LRB104 09919 JRC 19989 b
574	574
575	575
576	576	HB2563- 16 -LRB104 09919 JRC 19989 b HB2563 - 16 - LRB104 09919 JRC 19989 b
577	577	HB2563 - 16 - LRB104 09919 JRC 19989 b
578	578	1 authority, all other documents filed with any other
579	579	2 governmental authority, all governmental certificates,
580	580	3 correspondence involving enforcement of any
581	581	4 association requirements, copies of any documents
582	582	5 relating to disputes involving unit owners, and
583	583	6 originals of all documents relating to everything
584	584	7 listed in this subparagraph.
585	585	8 (vi) If the developer fails to fully comply with
586	586	9 this paragraph (4) within the 60 days provided and
587	587	10 fails to fully comply within 10 days of written demand
588	588	11 mailed by registered or certified mail to his or her
589	589	12 last known address, the board may bring an action to
590	590	13 compel compliance with this paragraph (4). If the
591	591	14 court finds that any of the required deliveries were
592	592	15 not made within the required period, the board shall
593	593	16 be entitled to recover its reasonable attorneys' fees
594	594	17 and costs incurred from and after the date of
595	595	18 expiration of the 10 day demand.
596	596	19 (5) With respect to any master association whose
597	597	20 declaration is recorded on or after August 10, 1990, any
598	598	21 contract, lease, or other agreement made prior to the
599	599	22 election of a majority of the board of directors other
600	600	23 than the developer by or on behalf of unit owners or
601	601	24 underlying condominium associations, the association or
602	602	25 the board of directors, which extends for a period of more
603	603	26 than 2 years from the recording of the declaration, shall
604	604
605	605
606	606
607	607
608	608
609	609	HB2563 - 16 - LRB104 09919 JRC 19989 b
610	610
611	611
612	612	HB2563- 17 -LRB104 09919 JRC 19989 b HB2563 - 17 - LRB104 09919 JRC 19989 b
613	613	HB2563 - 17 - LRB104 09919 JRC 19989 b
614	614	1 be subject to cancellation by more than 1/2 of the votes of
615	615	2 the unit owners, other than the developer, cast at a
616	616	3 special meeting of members called for that purpose during
617	617	4 a period of 90 days prior to the expiration of the 2 year
618	618	5 period if the board of managers is elected by the unit
619	619	6 owners, otherwise by more than 1/2 of the underlying
620	620	7 condominium board of managers. At least 60 days prior to
621	621	8 the expiration of the 2 year period, the board of
622	622	9 directors, or, if the board is still under developer
623	623	10 control, then the board of managers or the developer shall
624	624	11 send notice to every unit owner or underlying condominium
625	625	12 board of managers, notifying them of this provision, of
626	626	13 what contracts, leases and other agreements are affected,
627	627	14 and of the procedure for calling a meeting of the unit
628	628	15 owners or for action by the underlying condominium board
629	629	16 of managers for the purpose of acting to terminate such
630	630	17 contracts, leases or other agreements. During the 90 day
631	631	18 period the other party to the contract, lease, or other
632	632	19 agreement shall also have the right of cancellation.
633	633	20 (6) The statute of limitations for any actions in law
634	634	21 or equity which the master association may bring shall not
635	635	22 begin to run until the unit owners or underlying
636	636	23 condominium board of managers have elected a majority of
637	637	24 the members of the board of directors.
638	638	25 (g) In the event of any resale of a unit in a master
639	639	26 association by a unit owner other than the developer, the
640	640
641	641
642	642
643	643
644	644
645	645	HB2563 - 17 - LRB104 09919 JRC 19989 b
646	646
647	647
648	648	HB2563- 18 -LRB104 09919 JRC 19989 b HB2563 - 18 - LRB104 09919 JRC 19989 b
649	649	HB2563 - 18 - LRB104 09919 JRC 19989 b
650	650	1 owner shall obtain from the board of directors and shall make
651	651	2 available for inspection to the prospective purchaser, upon
652	652	3 demand, the following:
653	653	4 (1) A copy of the declaration, other instruments and
654	654	5 any rules and regulations.
655	655	6 (2) A statement of any liens, including a statement of
656	656	7 the account of the unit setting forth the amounts of
657	657	8 unpaid assessments and other charges due and owing.
658	658	9 (3) A statement of any capital expenditures
659	659	10 anticipated by the association within the current or
660	660	11 succeeding 2 fiscal years.
661	661	12 (4) A statement of the status and amount of any
662	662	13 reserve for replacement fund and any portion of such fund
663	663	14 earmarked for any specified project by the board of
664	664	15 directors.
665	665	16 (5) A copy of the statement of financial condition of
666	666	17 the association for the last fiscal year for which such a
667	667	18 statement is available.
668	668	19 (6) A statement of the status of any pending suits or
669	669	20 judgments in which the association is a party.
670	670	21 (7) A statement setting forth what insurance coverage
671	671	22 is provided for all unit owners by the association.
672	672	23 (8) A statement that any improvements or alterations
673	673	24 made to the unit, or any part of the common areas assigned
674	674	25 thereto, by the prior unit owner are in good faith
675	675	26 believed to be in compliance with the declaration of the
676	676
677	677
678	678
679	679
680	680
681	681	HB2563 - 18 - LRB104 09919 JRC 19989 b
682	682
683	683
684	684	HB2563- 19 -LRB104 09919 JRC 19989 b HB2563 - 19 - LRB104 09919 JRC 19989 b
685	685	HB2563 - 19 - LRB104 09919 JRC 19989 b
686	686	1 master association.
687	687	2 (9) A copy of the most recent reserve study, if any.
688	688	3 The principal officer of the unit owner's association or
689	689	4 such other officer as is specifically designated shall furnish
690	690	5 the above information when requested to do so in writing,
691	691	6 within 30 days of receiving the request.
692	692	7 A reasonable fee covering the direct out-of-pocket cost of
693	693	8 copying and providing such information may be charged by the
694	694	9 association or its board of directors to the unit seller for
695	695	10 providing the information.
696	696	11 (g-1) The purchaser of a unit of a common interest
697	697	12 community at a judicial foreclosure sale, other than a
698	698	13 mortgagee, who takes possession of a unit of a common interest
699	699	14 community pursuant to a court order or a purchaser who
700	700	15 acquires title from a mortgagee shall have the duty to pay the
701	701	16 proportionate share, if any, of the common expenses for the
702	702	17 unit that would have become due in the absence of any
703	703	18 assessment acceleration during the 6 months immediately
704	704	19 preceding institution of an action to enforce the collection
705	705	20 of assessments and the court costs incurred by the association
706	706	21 in an action to enforce the collection that remain unpaid by
707	707	22 the owner during whose possession the assessments accrued. If
708	708	23 the outstanding assessments and the court costs incurred by
709	709	24 the association in an action to enforce the collection are
710	710	25 paid at any time during any action to enforce the collection of
711	711	26 assessments, the purchaser shall have no obligation to pay any
712	712
713	713
714	714
715	715
716	716
717	717	HB2563 - 19 - LRB104 09919 JRC 19989 b
718	718
719	719
720	720	HB2563- 20 -LRB104 09919 JRC 19989 b HB2563 - 20 - LRB104 09919 JRC 19989 b
721	721	HB2563 - 20 - LRB104 09919 JRC 19989 b
722	722	1 assessments that accrued before he or she acquired title. The
723	723	2 notice of sale of a unit of a common interest community under
724	724	3 subsection (c) of Section 15-1507 of the Code of Civil
725	725	4 Procedure shall state that the purchaser of the unit other
726	726	5 than a mortgagee shall pay the assessments and court costs
727	727	6 required by this subsection (g-1).
728	728	7 (h) Errors and omissions.
729	729	8 (1) If there is an omission or error in the
730	730	9 declaration or other instrument of the master association,
731	731	10 the master association may correct the error or omission
732	732	11 by an amendment to the declaration or other instrument, as
733	733	12 may be required to conform it to this Act, to any other
734	734	13 applicable statute, or to the declaration. The amendment
735	735	14 shall be adopted by vote of two-thirds of the members of
736	736	15 the board of directors or by a majority vote of the unit
737	737	16 owners at a meeting called for that purpose, unless the
738	738	17 Act or the declaration of the master association
739	739	18 specifically provides for greater percentages or different
740	740	19 procedures.
741	741	20 (2) If, through a scrivener's error, a unit has not
742	742	21 been designated as owning an appropriate undivided share
743	743	22 of the common areas or does not bear an appropriate share
744	744	23 of the common expenses, or if all of the common expenses or
745	745	24 all of the common elements in the condominium have not
746	746	25 been distributed in the declaration, so that the sum total
747	747	26 of the shares of common areas which have been distributed
748	748
749	749
750	750
751	751
752	752
753	753	HB2563 - 20 - LRB104 09919 JRC 19989 b
754	754
755	755
756	756	HB2563- 21 -LRB104 09919 JRC 19989 b HB2563 - 21 - LRB104 09919 JRC 19989 b
757	757	HB2563 - 21 - LRB104 09919 JRC 19989 b
758	758	1 or the sum total of the shares of the common expenses fail
759	759	2 to equal 100%, or if it appears that more than 100% of the
760	760	3 common elements or common expenses have been distributed,
761	761	4 the error may be corrected by operation of law by filing an
762	762	5 amendment to the declaration, approved by vote of
763	763	6 two-thirds of the members of the board of directors or a
764	764	7 majority vote of the unit owners at a meeting called for
765	765	8 that purpose, which proportionately adjusts all percentage
766	766	9 interests so that the total is equal to 100%, unless the
767	767	10 declaration specifically provides for a different
768	768	11 procedure or different percentage vote by the owners of
769	769	12 the units and the owners of mortgages thereon affected by
770	770	13 modification being made in the undivided interest in the
771	771	14 common areas, the number of votes in the unit owners
772	772	15 association or the liability for common expenses
773	773	16 appertaining to the unit.
774	774	17 (3) If an omission or error or a scrivener's error in
775	775	18 the declaration or other instrument is corrected by vote
776	776	19 of two-thirds of the members of the board of directors
777	777	20 pursuant to the authority established in subdivisions
778	778	21 (h)(1) or (h)(2) of this Section, the board, upon written
779	779	22 petition by unit owners with 20% of the votes of the
780	780	23 association or resolutions adopted by the board of
781	781	24 managers or board of directors of the condominium and
782	782	25 common interest community associations which select 20% of
783	783	26 the members of the board of directors of the master
784	784
785	785
786	786
787	787
788	788
789	789	HB2563 - 21 - LRB104 09919 JRC 19989 b
790	790
791	791
792	792	HB2563- 22 -LRB104 09919 JRC 19989 b HB2563 - 22 - LRB104 09919 JRC 19989 b
793	793	HB2563 - 22 - LRB104 09919 JRC 19989 b
794	794	1 association, whichever is applicable, received within 30
795	795	2 days of the board action, shall call a meeting of the unit
796	796	3 owners or the boards of the condominium and common
797	797	4 interest community associations which select members of
798	798	5 the board of directors of the master association within 30
799	799	6 days of the filing of the petition or receipt of the
800	800	7 condominium and common interest community association
801	801	8 resolution to consider the board action. Unless a majority
802	802	9 of the votes of the unit owners of the association are cast
803	803	10 at the meeting to reject the action, or board of managers
804	804	11 or board of directors of condominium and common interest
805	805	12 community associations which select over 50% of the
806	806	13 members of the board of the master association adopt
807	807	14 resolutions prior to the meeting rejecting the action of
808	808	15 the board of directors of the master association, it is
809	809	16 ratified whether or not a quorum is present.
810	810	17 (4) The procedures for amendments set forth in this
811	811	18 subsection (h) cannot be used if such an amendment would
812	812	19 materially or adversely affect property rights of the unit
813	813	20 owners unless the affected unit owners consent in writing.
814	814	21 This Section does not restrict the powers of the
815	815	22 association to otherwise amend the declaration, bylaws, or
816	816	23 other condominium instruments, but authorizes a simple
817	817	24 process of amendment requiring a lesser vote for the
818	818	25 purpose of correcting defects, errors, or omissions when
819	819	26 the property rights of the unit owners are not materially
820	820
821	821
822	822
823	823
824	824
825	825	HB2563 - 22 - LRB104 09919 JRC 19989 b
826	826
827	827
828	828	HB2563- 23 -LRB104 09919 JRC 19989 b HB2563 - 23 - LRB104 09919 JRC 19989 b
829	829	HB2563 - 23 - LRB104 09919 JRC 19989 b
830	830	1 or adversely affected.
831	831	2 (5) If there is an omission or error in the
832	832	3 declaration or other instruments that may not be corrected
833	833	4 by an amendment procedure set forth in subdivision (h)(1)
834	834	5 or (h)(2) of this Section, then the circuit court in the
835	835	6 county in which the master association is located shall
836	836	7 have jurisdiction to hear a petition of one or more of the
837	837	8 unit owners thereon or of the association, to correct the
838	838	9 error or omission, and the action may be a class action.
839	839	10 The court may require that one or more methods of
840	840	11 correcting the error or omission be submitted to the unit
841	841	12 owners to determine the most acceptable correction. All
842	842	13 unit owners in the association must be joined as parties
843	843	14 to the action. Service of process on owners may be by
844	844	15 publication, but the plaintiff shall furnish all unit
845	845	16 owners not personally served with process with copies of
846	846	17 the petition and final judgment of the court by certified
847	847	18 mail, return receipt requested, at their last known
848	848	19 address.
849	849	20 (6) Nothing contained in this Section shall be
850	850	21 construed to invalidate any provision of a declaration
851	851	22 authorizing the developer to amend an instrument prior to
852	852	23 the latest date on which the initial membership meeting of
853	853	24 the unit owners must be held, whether or not it has
854	854	25 actually been held, to bring the instrument into
855	855	26 compliance with the legal requirements of the Federal
856	856
857	857
858	858
859	859
860	860
861	861	HB2563 - 23 - LRB104 09919 JRC 19989 b
862	862
863	863
864	864	HB2563- 24 -LRB104 09919 JRC 19989 b HB2563 - 24 - LRB104 09919 JRC 19989 b
865	865	HB2563 - 24 - LRB104 09919 JRC 19989 b
866	866	1 National Mortgage Association, the Federal Home Loan
867	867	2 Mortgage Corporation, the Federal Housing Administration,
868	868	3 the United States Veterans Administration or their
869	869	4 respective successors and assigns.
870	870	5 (i) The provisions of subsections (c) through (h) are
871	871	6 applicable to all declarations, other condominium instruments,
872	872	7 and other duly recorded covenants establishing the powers and
873	873	8 duties of the master association recorded under this Act. Any
874	874	9 portion of a declaration, other condominium instrument, or
875	875	10 other duly recorded covenant establishing the powers and
876	876	11 duties of a master association which contains provisions
877	877	12 contrary to the provisions of subsection (c) through (h) shall
878	878	13 be void as against public policy and ineffective. Any
879	879	14 declaration, other condominium instrument, or other duly
880	880	15 recorded covenant establishing the powers and duties of the
881	881	16 master association which fails to contain the provisions
882	882	17 required by subsections (c) through (h) shall be deemed to
883	883	18 incorporate such provisions by operation of law.
884	884	19 (j) (Blank).
885	885	20 (k) Reserve study.
886	886	21 (1) As used in this Section:
887	887	22 "Major shared components or significant
888	888	23 infrastructure" means structural, mechanical, electrical,
889	889	24 and plumbing components of the common areas and any other
890	890	25 components that are the responsibility of the association
891	891	26 to maintain, restore, repair, and replace, or
892	892
893	893
894	894
895	895
896	896
897	897	HB2563 - 24 - LRB104 09919 JRC 19989 b
898	898
899	899
900	900	HB2563- 25 -LRB104 09919 JRC 19989 b HB2563 - 25 - LRB104 09919 JRC 19989 b
901	901	HB2563 - 25 - LRB104 09919 JRC 19989 b
902	902	1 infrastructure including, but not limited to, roads,
903	903	2 street lighting, hardscape, landscape, ponds and lakes,
904	904	3 water features, pools, and accessory buildings, if
905	905	4 applicable, with a restoration or replacement cost
906	906	5 exceeding $10,000, which are capital expenses as
907	907	6 identified in the federal tax code and generally accepted
908	908	7 accounting principles.
909	909	8 "Reserve study" means an analysis of the reserves
910	910	9 required for future major maintenance, repairs and
911	911	10 replacements of the common elements that:
912	912	11 (2) Any association with major shared components or
913	913	12 significant infrastructure shall cause a reserve study to
914	914	13 be conducted and updated in accordance with this Section.
915	915	14 (3) Any association with major shared components or
916	916	15 significant infrastructure that has had a reserve study
917	917	16 conducted on or after January 1, 2024, shall have an
918	918	17 updated reserve study conducted within 5 years after the
919	919	18 date the reserve study was conducted, and at least every 5
920	920	19 years thereafter, for purposes of assessing the condition
921	921	20 of and planning for maintenance, repair, and replacement
922	922	21 of the common areas.
923	923	22 (4) Any association with major shared components or
924	924	23 significant infrastructure that has not had a reserve
925	925	24 study conducted on or after January 1, 2024, shall require
926	926	25 that a reserve study be conducted on or before January 1,
927	927	26 2028, and shall update the study every 5 years for
928	928
929	929
930	930
931	931
932	932
933	933	HB2563 - 25 - LRB104 09919 JRC 19989 b
934	934
935	935
936	936	HB2563- 26 -LRB104 09919 JRC 19989 b HB2563 - 26 - LRB104 09919 JRC 19989 b
937	937	HB2563 - 26 - LRB104 09919 JRC 19989 b
938	938	1 purposes of assessing the condition of and planning for
939	939	2 maintenance, repair and replacement of the common areas.
940	940	3 (5) The reserve study and any update thereof shall be
941	941	4 conducted by a qualified person, association,
942	942	5 organization, or business entity who is knowledgeable
943	943	6 about the major shared components or significant
944	944	7 infrastructure that will be the subject of the reserve
945	945	8 study. A qualified person, association, organization, or
946	946	9 business entity is one who has experience and knowledge
947	947	10 about the normal useful life, function, performance,
948	948	11 condition, maintenance, repair, and replacement, and
949	949	12 related expenses, of any one or more of the major shared
950	950	13 components or significant infrastructure that will be the
951	951	14 subject of the reserve study. The reserve study is not
952	952	15 required to be conducted by a single person, association,
953	953	16 organization, or business entity. An association may
954	954	17 internally prepare a reserve study provided that such a
955	955	18 reserve study compiles information from a qualified
956	956	19 person, association, organization, or business entity.
957	957	20 (6) In the event of resale of any unit in the common
958	958	21 interest community, a copy of the most recent reserve
959	959	22 study, if any, shall be made available to any prospective
960	960	23 purchaser, upon request.
961	961	24 (7) Any association with 15 or fewer units is exempt
962	962	25 from the requirements of this subsection (j); however, the
963	963	26 board still must comply with budgeting and reserve
964	964
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974	974	1 requirements as provided elsewhere in the Act or in the
975	975	2 community instruments.
976	976	3 (Source: P.A. 100-416, eff. 1-1-18.)
977	977	4 (765 ILCS 605/22.1) (from Ch. 30, par. 322.1)
978	978	5 Sec. 22.1. (a) In the event of any resale of a condominium
979	979	6 unit by a unit owner other than the developer such owner shall
980	980	7 obtain from the Board of Managers and shall make available for
981	981	8 inspection to the prospective purchaser, upon demand, the
982	982	9 following:
983	983	10 (1) A copy of the Declaration, by-laws, other
984	984	11 condominium instruments, and any rules and regulations.
985	985	12 (2) A statement of any liens, including a statement of
986	986	13 the account of the unit setting forth the amounts of
987	987	14 unpaid assessments and other charges due and owing as
988	988	15 authorized and limited by the provisions of Section 9 of
989	989	16 this Act or the condominium instruments.
990	990	17 (3) A statement of any capital expenditures
991	991	18 anticipated by the unit owner's association within the
992	992	19 current or succeeding 2 fiscal years.
993	993	20 (4) A statement of the status and amount of any
994	994	21 reserve for replacement fund and any portion of such fund
995	995	22 earmarked for any specified project by the Board of
996	996	23 Managers.
997	997	24 (5) A copy of the statement of financial condition of
998	998	25 the unit owner's association for the last fiscal year for
999	999
1000	1000
1001	1001
1002	1002
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1009	1009	1 which such statement is available.
1010	1010	2 (6) A statement of the status of any pending suits or
1011	1011	3 judgments in which the unit owner's association is a
1012	1012	4 party.
1013	1013	5 (7) A statement setting forth what insurance coverage
1014	1014	6 is provided for all unit owners by the unit owner's
1015	1015	7 association.
1016	1016	8 (8) A statement that any improvements or alterations
1017	1017	9 made to the unit, or the limited common elements assigned
1018	1018	10 thereto, by the prior unit owner are in good faith
1019	1019	11 believed to be in compliance with the condominium
1020	1020	12 instruments.
1021	1021	13 (9) The identity and mailing address of the principal
1022	1022	14 officer of the unit owner's association or of the other
1023	1023	15 officer or agent as is specifically designated to receive
1024	1024	16 notices.
1025	1025	17 (10) A copy of the most recent reserve study, if any.
1026	1026	18 (b) The principal officer of the unit owner's association
1027	1027	19 or such other officer as is specifically designated shall
1028	1028	20 furnish the above information when requested to do so in
1029	1029	21 writing and within 10 business days of the request.
1030	1030	22 (c) Within 15 days of the recording of a mortgage or trust
1031	1031	23 deed against a unit ownership given by the owner of that unit
1032	1032	24 to secure a debt, the owner shall inform the Board of Managers
1033	1033	25 of the unit owner's association of the identity of the lender
1034	1034	26 together with a mailing address at which the lender can
1035	1035
1036	1036
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