HB0029 Aimed to Strip Home Rule Power from Cities

Good News: HB0029 will not be considered in this year’s legislative session. ASCO thanks Senator Heather Steans (7th District) for her support to oppose HB0029. We are also grateful to Michael Kim and Kristopher Kasten from Michael C. Kim and Associates for their advice and counsel. Finally, we’d like to thank all those who wrote or called their state senators, Senate President John Cullerton, Chief Sponsor Jacqueline Y. Collins and members of the Judiciary Committee. Together we have made our voices heard. For more information on HB0029, click here.

House Bill 29 (HB0029) would have amended the Illinois Common Interest Community Association Act (CICA Act) and the Illinois Condominium Property Act (Condo Act) to eliminate municipalities’ “home rule” powers. HB0029, sponsored by Rep. Andre Thapedi (32nd District), added a new Section 1-95 to the CICA Act to prevent home rule municipalities from regulating common interest communities “in a manner inconsistent with the changes made to Sections 1-20 [amendments to declaration, bylaws or operating agreement] and 1-45 [Finances] by Public Act 100-292.” To the Condo Act, HB0029 would have added Section 18.11, which would prohibit a home rule municipality from regulating condominium associations “in a manner inconsistent with the changes made to Sections 9 [Budget and Assessments], 15 [Sale of Entire Condominium], 18 [By-Laws], 18.4 [Powers and Duties of Board], 18.10 [Accounting], 19 [Books and Records], 27 [Amendments] and 31 [Unit Combinations] by Public Act 100-292.”

In an April 9 article, ASCO General Counsel Michael Kim commented, “This attempt to pre-empt home rule power is a reaction to the City of Chicago’s action to amend its Condominium Ordinance to override the perceived mandatory collection and disclosures of unit owners’ personal phone numbers and e-mail addresses under amended Section 19. Essentially, Public Act 100-292 was packaged and promoted by Rep. Thapedi and he is upset that the City had the audacity to interfere with his grand legislation. This change would affect Condominium and Common Interest Community Associations.”

In other words, Thapedi’s amendments were intended to exact revenge against the City of Chicago. Inexplicably, HB0029 was passed unanimously by the House in a roll call vote on March 19.

ASCO strongly opposed this bill. Eliminating home rule authority, even in a limited way, could lead to the elimination of home rule with respect to other provisions of the Condo Act and the CICA Act. If this bill became law, all condo associations would be subject to Section 19, which includes providing personal phone numbers and email addresses to any association member who asks for them for any reason or no reason at all.