Almost There But Not Quite Yet Illinois
LEGISLATIVE ACTION COMMITTEE 2024 Legislative Update By Kris Kasten, ILAC Co-Chair
The 2024 legislative session that began in January has been busy. More than fifteen bills were introduced impacting community associations to varying degrees. Those bills have covered situations and topics, including but not limited to, reserve studies, accessible parking, use of secret ballots in elections for board members, imposing a statutory cap on budget/assessment increases, pollinator habits, property taxes, solar powered doorbells, and board eligibility requirements.
ILAC has been monitoring these bills throughout the legislative session. For those bills that present potential adverse impact on community associations, we have reached out to the sponsors of those bills about our concerns. In some instances, the sponsor agreed not to move the bill. In other instances, ILAC has worked with the sponsor in revising the bill to address ILAC’s concerns. Also, one bill originated from ILAC, and therefore, ILAC has been instrumental in garnering support to move the bill through the General Assembly.
As of the writing of this article, the General Assembly is still in session, and therefore, the final disposition of the pending bills is unknown. However, some bills appear to be dead, meaning they will go nowhere this session, while other bills appear to be on their way to being sent to the Governor. Below are highlights for some of those bills.
Accessible Parking
SB2740 amends the Condominium Property Act by adding a new section imposing requirements on a condominium association for ensuring that accessible parking is available to a person with a disability who requires accessible parking. As introduced, the bill was problematic because it would have restricted owners of accessible parking units from selling to anyone other than a person with a disability and would have required the association to purchase such a parking unit when an owner was unable to sell. One significant issue with the bill as introduced is that it treated the association as the source of the problem when accessible parking is not available to a person with a disability. When it comes to parking units, the problem is created by the developer who sells all of the accessible parking units to person who is not disabled. The association does not have control over real property (like a parking unit) not owned by the association. ILAC worked closely with the sponsor to make changes to the bill. If the bill becomes law, condominium associations will be required to have a policy covering the procedure for submitting requests to the association for accessible parking. Also, developers would be prohibited from creating and selling parking units that are accessible parking spaces. Those types of spaces would remain part of the common elements so that the association can make them available to those who may need accessible parking.
At the time of writing, SB2740 had passed out of the Senate and was in the House. The bill is expected to pass the House and be enacted into law in 2024. Whether that is the case may be known at the time of publication.
20 | COMMON INTEREST® Property Taxes
HB4125 amends the Property Tax Code. The most significant change made by this bill is that it eliminates the statute of limitations for obtaining a certificate of error on property owned by a community association when the assessed value of that property is (or should have been) $1. Reducing the assessed value to $1 means that no property taxes are paid on that parcel. This bill provides relief to any community association that is looking at a hefty property tax bill on property that is used for common purposes but for some reason the assessed value was not reduced to $1. Although ILAC was not directly involved with this bill, it has monitored and generally supported the bill because the bill positively impacts community associations.
At the time of writing, HB4125 had passed out of the House and was in the Senate. It is another bill expected to become law in 2024. Whether that is the case may be known at the time of publication.
Secret Ballots
HB4177 amends the Common Interest Community Association Act. The bill adds a new subsection to Section 1-25 which would require an association to use secret balloting for all voting if one or more owners request voting by secret ballot. As introduced, the bill raised concerns that it would interfere with the operation and administration of an association. Also, it could create more, not less, disputes, which could result in unnecessary litigation. ILAC worked with the sponsor to revise the bill and suggested that language similarly found in the Condominium Property Act authorizing elections
• Summer 2024 • A Publication of CAI-Illinois Chapter
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