community association managers to provide associations with a copy of a certificate of fidelity insurance withing 10 days after a request for such certificate when the fidelity insurance is not secured and paid for by the association; (c) requiring community association managers to provide associations with a copy of a certificate of general liability and errors and omissions insurance within 10 days after a request for such certificate when the fidelity insurance is not secured and paid for by the association; and (d) eliminating the Community Association Manager and Licensing and Disciplinary Fund and directing licensing fees and other money received by IDFPR under the CAM Act go to the Division of Real Estate General Fund.
ILAC worked closely with IDFPR on drafting the language amending the CAM Act and supported the bill.
Public Act 102-0976 (HB 5246)
HB 5246 was introduced by Representative Keith Wheeler. As introduced, the bill amended Section 22.1 of the Condominium Property Act to reduce the time an association has to respond to a request under Section 22.1 and imposed a cap on the fee that an association may charge for providing the information enumerated in Section 22.1. The bill was amended in the House, which amendment reflects negotiated language providing for more reasonable changes. Public Act 102-0976 will become effective January 1, 2023.
ILAC worked very closely with Representative Wheeler, Senator Cappel, and other interested parties on this bill. CAI National, through Dawn Bauman and Phoebe Neseth assisted ILAC in negotiations with legislators, as well as calls to action sent to CAI members. The bill, in the form passed by both Houses, was the result of much discussion between ILAC and the bill sponsors.
In its initial form, the bill would have required an association to respond to a Section 22.1 request within five business days of the request. Also, the bill would have limited the fee an association could charge for a Section 22.1 response to not exceed $100. Given the real-world experience of ILAC’s members with Section 22.1 requests, consultation with other industry professionals, and a review of how other states have handled similar issues, it was clear that the changes proposed by HB5246 as it was introduced were not reasonable and would likely result in more, not less, disputes. With both Illinois specific and national information available, ILAC engaged the bill sponsors and explained how to modify the bill to achieve the goals expressed by the sponsors. The sponsors understood ILAC’s concerns raised on behalf of community associations and the community association industry and worked with ILAC on reasonable changes to the bill’s language.
Ultimately, the bill was amended to provide an association ten business days to respond to a Section 22.1 request and that the fee charged by an association cannot exceed $375. The bill further provides that fees may be adjusted based on the consumer price index for the preceding twelve-month calendar year. Also, the bill provides that an association may charge an additional $100 for rush service completed within 72 hours. Overall, ILAC was successful in working with the bill sponsors
to achieve a reasonable compromise that is consistent with how other states have addressed similar issues and supported the bill to that extent.
Public Act 102-1000 (SB 3069)
SB 3069 was introduced by Senator Laura Murphy. The bill amends the Property Tax Code to clarify that condominium and homeowner associations have the right to file appeals with the Property Tax Appeal Board. The bill was amended in the House, which amendment did not change the purpose of the bill but changed that language to accomplish that purpose. The bill, as passed by both Houses, adds a new paragraph to Section 16- 160 of the Property Tax Code. That new paragraph provides that an association may file an appeal to the Property Tax Appeal Board. That new paragraph defines “association” to include common interest community associations, condominium associations, and master associations, as those terms are defined in the Common Interest Community Association Act and the Condominium Property Act, respectively. Public Act 102-1000 will become effective January 1, 2023.
ILAC supported this bill because it addresses an issue that some associations experienced when working to reduce property taxes.
Public Act 102-1100 (SB 3792)
SB 3792 was introduced by Senator Cristina Castro. The bill amends several statutes, including the Community Association Manager Licensing and Disciplinary Act. It makes non-substantive changes to all of those statutes. Specifically, the bill changes the term “high school equivalency certificate” to “State of Illinois High School Diploma”. Public Act 102-1100 will become effective on January 1, 2023.
ILAC did not take a position on or get closely involved with this bill because it was a general revisory (or “clean up”) bill and did not make any substantive changes.
ILAC cannot achieve its goals and objectives without the assistance of many people, including those who volunteer their valuable time as members of ILAC, the Illinois Chapter office, and ILAC’s indispensable lobbyist, Jeff Dixon. However, ILAC would not be able to do what it does without the generous support of all members of the Illinois Chapter of CAI. Thank you to those who have supported ILAC with monetary donations. That said, our mission is not yet accomplished (and never will be so long as Springfield continues proposing laws affecting community associations). Therefore, your continued support is necessary. For more information about donating to ILAC, please visit:
https://advocacy.caionline.org/lac-donation-form/
Additionally, the CAI Political Action Committee Illinois works to build relationships in Springfield and helps ILAC effectively engage with legislators. Accordingly, your support for CAI PAC Illinois is crucial to CAI’s efforts in Springfield to positively shape legislation. For more information aboutdonating to CAI PAC Illinois, please visit:
https://advocacy.caionline.org/pac-il-donation-form/
www.cai-illinois.org • 847.301.7505 | 47
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