Illinois
LEGISLATIVE ACTION COMMITTEE
Legislative Update – Our Summer Vacation By ILAC Member and Co-Chair Kris Kasten
2022 being an election year, the Illinois General Assembly adjourned in April so that legislators could focus on campaign efforts. We anticipated a quiet summer with respect to community association legislation. The landmark U.S. Supreme Court decision, Dobbs v. Jackson Women’s Health Organization, threatened to disrupt our tranquil respite from legislative activity when the Governor indicated that he may call legislators back to Springfield for a special session. Although the stated purpose of any special legislative session would have been to address issues arising from the U.S. Supreme Court decision, legislators would have been free to take on other legislation, such as bills that impact the community association industry. Fortunately, no special session was called, and no community association related legislation was taken up over the summer. From a legislative perspective, we were able to sit by the poolside and sip cocktails (figuratively speaking, of course).
Although the General Assembly was not active with legislation over the summer, ILAC was not free to take a complete break. After recent enacted changes to various statutes governing industries that the Illinois Department of Financial and Professional Regulation (“IDFPR”) is charged with regulating, the IDFPR has started working toward finalizing new and revised administrative regulations to supplement those statutory changes. Community association managers are among those industries regulated by IDFPR that saw changes to their applicable statute. To continue its ongoing efforts to work with IDFPR in connection with issues affecting community association managers and the community association industry generally, ILAC has already begun discussions with IDFPR about new and revised administrative regulations that would supplement recent changes to the Community Association Manager Licensing and Disciplinary Act. As of the writing of this article (August 2022), IDFPR has not published any proposed administrative regulations. However, ILAC is working closely with IDFPR with the hope and intention that any proposed administrative regulations, once published, will work for the industry. We expect updates with respect to such proposed administrative regulations to be available later this year.
Additionally, ILAC received word that interested stakeholders want to move legislation addressing electric vehicle charging stations during an upcoming legislative session. To that extent, ILAC is preparing to participate in meetings with interested parties to discuss electric vehicle charging station legislation near the end of summer. The return of electric vehicle related legislation is not a surprise. Over the past two legislative sessions, ILAC has worked closely with legislators and other interested parties to negotiate legislation that promotes the installation of electric vehicle charging stations without
46 | COMMON INTEREST®
harming community associations. The most recent example of such legislation is HB 3125, introduced by Representative Robyn Gabel. We expect updates with respect to electric vehicle charging station legislation to be available later this year.
Finally, as a recap of bills that were enacted into law this year, we provide the following:
Public Act 102-0921 (HB 4158)
HB 4158 was introduced by Representative Margaret Croke. As introduced, the bill amended the Common Interest Community Association Act (Section 1-30) and the Condominium Property Act (Section 19). The bill clarifies that if an association obtains a reserve study, that reserve study is part of the association’s books and records, and therefore, owners have a right to examine and copy that reserve study. The bill does not mandate that an association obtain a reserve study. Public Act 102-0921 became effective May 27, 2022.
The bill was amended in the Senate by Senator Sara Feigenholtz. That amendment did not change any of the bill as it was introduced. Instead, the amendment made changes to the Common Interest Community Association Act, the Condominium Property Act, and the Condominium and Common Interest Community Ombudsperson Act (“Ombudsperson Act”) to extend the repeal date of the Ombudsperson Act to January 1, 2024, which was set to be repealed on July 1, 2022.
ILAC worked with Representative Croke and Senator Feigenholtz and supported the bill.
Public Act 102-0970 (HB 5167)
HB 5167 was introduced by Representative Kathleen Willis. As introduced, the bill amended numerous statutes involving areas over which the Illinois Department of Financial and Professional Regulation (“IDFPR”) has regulatory authority. One of those statutes is the Community Association Manager Licensing and Disciplinary Act (“CAM Act”). The bill was amended in the House, which amendment made changes to the language amending the CAM Act. Public Act 102-0970, with respect to changes to the CAM Act, became effective May 27, 2022.
The Act makes changes to Sections 10, 25, 55, 60, and 65 of the CAM Act. Some of those changes were non-substantive. For example, replacing “his or her” with “the” or replacing “his or her” with “the broker’s”. The substantive changes include: (a) providing the members of the Community Association Manager Licensing and Disciplinary Board immunity from a lawsuit involving disciplinary proceedings; (b) requiring
• Fall 2022 • A Publication of CAI-Illinois Chapter
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56
