Although there were significant changes to the ICPA in the 1980s and the 1990s, it was not until the turn of the century that we saw Springfield become increasingly interested in regulating community associations. Since the mid-2000s, the number of bills introduced in the Illinois General Assembly dealing with community associations in some manner, including but not limited to amending the ICPA, has increased at what feels like an exponential rate. Legislators have introduced numerous bills to regulate community associations through changing existing statutes or creating new statutes.
In 2007, the Condominium Advisory Council Act became effective and established the Condominium Advisory Council (Council). The Council was composed of seven members. Four of the members were legislators and the other three were members of the public who had knowledge or ownership interests in condominiums. The purpose of the Council was to investigate issues impacting condominiums and submit a report to the Governor and General Assembly on its findings and with suggestions for legislation. The Council did just that and was dissolved shortly after the report was made. That report is largely forgotten and is difficult to find.
In 2010, the Common Interest Community Association Act (CICAA) became effective. Although less comprehensive than the ICPA, it was still a significant change for non- condominium associations. CICAA establishes a statutory framework for non-condominium associations that fall within CICAA’s definition of common interest community association and not otherwise exempt under the provisions of CICAA. CICAA brings some uniformity to common interest community associations by establishing minimum requirements pertaining, but not limited, to elections, association record keeping, board duties and obligations, member duties and obligations, meetings, finances, and use of technology. Many of the concepts put in CICAA were borrowed from the ICPA. Prior to CICAA, common interest communities were primarily governed by their declaration and bylaws, which could vary greatly in rights, duties, and obligations of boards and owners. For example, under the CICAA, all common interest community associations must now have open board meetings.
Also in 2010, the Illinois Community Association Manager Licensing and Disciplinary Act (CAM Act) became effective. The CAM Act was a significant (and perhaps to some, an unwelcome) change in the management of community associations. Prior to the CAM Act, essentially anyone could become a manager for a condominium or
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HOA. As the result of some wrongdoing on the part of a few managers and with the intent to raise the professionalism of association management, the CAM Act came into being with the support of CAI. Over the years, there have been changes to the CAM Act to address the practicalities of community association management. Although the CAM Act, and its related administrative rules, may not be perfect, it is likely here to stay. Therefore, all individuals and companies that provide community association management services (as defined in the CAM Act) to community associations must have and maintain a license issued by the Illinois Department of Financial and Professional Regulation.
In 2017, the Condominium and Common Interest Community Ombudsperson Act (Ombudsperson Act) became effective. The final version enacted into law was quite different from the bill as originally introduced. For example, in its initial form, the bill would have imposed an arbitration process handled by the ombudsperson to resolve disputes between owners and associations. For various reasons, those provisions were removed. As the bill made its way through the General Assembly it became what we have today. The Ombudsperson Act established the Office of the Condominium and Common Interest Community Ombudsperson, which is part of the Division of Real Estate in the Illinois Department of Financial and Professional Regulation. The duties of the Ombudsperson include providing information and education to the public about associations subject to either the ICPA or the CICAA. The Ombudsperson’s Office primarily does this through its website. The Ombudsperson also receives inquiries and complaints, mostly from discontent owners. Additionally, the Ombudsperson prepares and issues annual reports to the General Assembly, which can be obtained through the Ombudsperson’s Office website. Further, the Ombudsperson Act did impose a requirement on associations. It requires associations to adopt a written policy for resolving complaints. A sample complaint procedure and complaint form are available on the Ombudsperson’s Office website.
In 2024, the Electric Vehicle Charging Act (EV Act) became effective. The EV Act is not limited in its scope to regulating community associations. It includes provisions applicable to new construction of residential properties and landlord-tenant situations. However, it does include a section expressly applicable to condominiums and common interest communities. Thus, the EV Act is part of the overall statutory scheme applicable to community associations in Illinois. Under the EV Act, an association cannot prohibit the installation of electric vehicle charging systems but can impose
• Spring 2026 • A Publication of CAI-Illinois Chapter
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