Illinois
LEGISLATIVE ACTION COMMITTEE LEGISLATIVE UPDATE – New Laws and Regulations
Enacted in 2023 By Kris Kasten, Co-Chair Illinois Legislative Action Committee
During the legislative session that began in January of this year, numerous bills impacting community associations and the community association industry were filed by various legislators in the House and Senate. The Illinois Legislative Action Committee (ILAC) reviewed those bills and engaged sponsors and other stakeholders as necessary to protect community associations and the community association industry. Below are the most significant new laws enacted in 2023 impacting community associations.
Public Act 103-0296 (Effective July 28, 2023)
Public Act 103-0296 (formerly HB2174) amends the Homeowners’ Energy Policy Statement Act (HEPSA). These changes follow the changes to HEPSA in 2021. HB2174 was introduced at the request of members of the solar panel industry to address issues their customers have allegedly run into with homeowner associations since those 2021 changes. The bill presented several issues concerning ILAC because they would adversely impact associations administratively, financially, and could increase the likelihood of litigation. For example, language in the bill as introduced was broad and could have limited an association’s ability to regulate when, where, and how construction equipment and materials could be stored. ILAC successfully amended that language to ensure that equipment and materials cannot be stored on common area or other owner’s property. Also, ILAC successfully worked with those parties to amend the bill and ensure that associations have an opportunity to cure before an owner can simply install solar panels without permission. ILAC successfully addressed other issues that shaped the bill as enacted. The bill was signed into law on July 28, 2023 becoming Public Act 103-0296 and became effective July 28, 2023.
For more information and to review the actual text of the Public Act, please visit the Illinois General Assembly website (
www.ilga.gov).
Public Act 103-0161 (Effective January 1, 2024)
Public Act 103-0161 (formerly HB2562) amends the Condominium Property Act (CPA), the Common Interest Community Association Act (CICAA), and the Landlord and Tenant Act. With respect to the CPA and CICAA, the Act creates new similar sections in each statute. Those new sections establish minimum heating and cooling requirements applicable to associations in which their respective declarations limit ownership, rental, or occupancy of a unit to a person 55 years of age or older.
Generally, buildings that have a central cooling system serving all units must ensure that it operates when the heat index exceeds 80 degrees Fahrenheit. Buildings with a central heating system serving all units must maintain specified minimum temperatures during cold months (at least 68 degrees Fahrenheit during waking hours; at least 62 degrees during sleeping hours). A building that does not have a central cooling system serving all units should provide at least one indoor common gathering space in which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit.
The bill as introduced was problematic to community associations because it would have imposed requirements that were administratively and financially burdensome. ILAC successfully worked closely with the sponsor to narrow the scope of the bill and to ensure that it was more along the lines of similar legislation and ordinances. The bill was signed into law June 30, 2023 becoming Public Act 103-0161 and will become effective January 1, 2024.
For more information and to review the actual text of the Public Act, please visit the Illinois General Assembly website (
www.ilga.gov).
46 | COMMON INTEREST® • Fall 2023 • A Publication of CAI-Illinois Chapter
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