Illinois
LEGISLATIVE ACTION COMMITTEE
LEGISLATIVE UPDATE – New Laws Effective in 2024 and 2025
By Kris Kasten, Co-Chair, Illinois Legislative Action Committee (ILAC)
In 2024, many bills were introduced in the General Assembly impacting community associations, but only a handful were signed into law by Governor Pritzker. It is the natural course of the legislative process for bills to take various paths during their brief legislative lives. Some are introduced never to go any further. Some move out of their originating chamber without fanfare only to die in the second chamber. Others become a lighting rod for stakeholders and evolve into new forms. The few that make it through both chambers, with and without significant modifications, are sent to the Governor for his signature and become law.
Four bills were enacted into law in 2024 directly impacting community associations. Those bills dealt with property taxes, landscaping, an association exercising its right of first refusal, and accessible parking. Three of those bills become effective January 1, 2025, while the fourth bill became effective July 19, 2024. A brief description of each of those bills and how they impact community associations is provided below.
Property Taxes TL;DR: introduced as HB4125; enacted as P .A. 103-0662;
amends the Property Tax Code; broadens exception to 3-year statute of limitations applicable to certificates of error correcting assessment to $1; effective January 1, 2025.
HB4125, which is now Public Act 103-0662, was sponsored by Representative Margaret Coke. It passed both chambers and was sent to the Governor on June 13, 2024. It was signed into law on July 19, 2024, and will become effective January 1, 2025.
The new law amends Section 14-15 of the Property Tax Code. Generally, there is a 3-year statute of limitation for issuing a certificate of error. Previously, there was an exemption to the 3-year statute of limitation when the certificate of error correcting the assessment to $1 on a parcel under Section 10-35 used as common area by an association that was acquired through adverse possession and the application for certificate of error was made before December 1, 1997. The changes remove the adverse possession and application deadline of December 1, 1997, requirements. Under the new law, that the 3-year statute of limitation does not apply to certificates of error issued correcting an assessment to $1 for parcels used as common area by an association, regardless of how it was acquired or what year the certificate of error was applied for. That said, the new law applies to certificates of error issued after January 1, 2025, for taxable years 2004 and after.
The new law benefits associations who had been seeking a correction of assessment to $1 for parcels used as common area when the application for a certificate of error was not filed prior to December 1, 1997, provided the application is for taxable years 2004 or after. Although CAI was not active in the crafting and movement of this new law, it did support the law because of the benefits it has for community associations.
Landscaping TL;DR: introduced as HB5296; enacted as P .A. 103-0704;
creates new statute – Homeowners’ Native Landscaping Act; associations cannot prohibit native gardens or landscaping; effective July 19, 2024.
HB5296, which is not Public Act 103-0704, was sponsored by Representative Laure Faver Dias, but added several additional sponsors after its filing. The bill was amended once in the House. It passed both chambers and was sent to the Governor on June 13, 2024. It was signed into law on July 19, 2024, and became effective on July 19, 2024.
The new law creates a new statute known as the Homeowners’ Native Landscaping Act. It applies to condominium associations, as defined in Section 2(o) of the Condominium Property Act, and common interest community associations, as defined in Section 1-5 of the Common Interest Community Association Act. The new law means that an association cannot prohibit a resident or owner from planting or growing plants native to Illinois on the resident’s or owner’s lawn. That native garden or landscaping needs to be kept predominantly free of weeds, invasive species, and trash. The vegetation cannot extend over or onto neighboring properties, public or common sidewalks, pathways, streets or other public or common areas or elements. An association may adopt reasonable rules governing native gardens or landscaping, provided such rules do not impair proper maintenance and care or impose any height restrictions.
The new law benefits owners who desire to grow plants native to Illinois, which has been found to have a positive impact on the environment. For example, it provides spaces for butterflies and other pollinators. This new law flows from the growing trend of homeowners who are environmentally conscious and see the benefits of native plants. CAI worked closely with the sponsors to ensure that native gardens or landscaping do not interfere with the use of other’s property or the common area/elements and allow associations to impose reasonable restrictions.
20 | COMMON INTEREST® • Fall 2024 • 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
