June 9-11, from Foster to Gregory on Clark

Legislative Update

2022 Legislative Changes Affecting Condominiums and
Common Interest Community Associations

by Michael C. Kim, ASCO General Counsel, December 12, 2022

The year 2022 produced a couple of records-oriented changes to the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act.

Specifically, HB 4158 (now Public Act 102-0921) (effective May 27, 2022) requires both Condominium Associations and Common Interest Communities to maintain and make available to unit owners any reserve studies, and also defers the repeal date of the Condominium and Common Interest Community Ombudsperson Act to January 1, 2024 (as opposed to the previous July 1, 2022 date).

Also, HB 5246 (now Public Act 102-0976) (effective January 1, 2023) amends Section 22.1 of the Condo Act to shorten the time frame to respond to a unit owner’s request for records from 30 days to 10 business days (presumably excluding Saturdays, Sundays and government recognized holidays) and “caps” the charge for producing those records at $375 (subject to annual adjustment or reduction in accordance with the Consumer Price Index) but allows a maximum “rush” job fee of $100 (for service completed within 72 hours).

It is predicted that 2023 may be a more active year for condo and common interest community related legislation.

Below is an update on changes to the Safe-T Act, which became law on January 1. The text was excerpted from Rep. Kelly Cassidy’s December 2 newsletter.

At the state level, we had a very eventful last week of Veto Session. As discussed previously, clarifications and changes to the Illinois SAFE-T Act were a priority, both to address drafting errors and to clarify issues highlighted in the ongoing misinformation campaign we saw over the last several months. Thursday, we passed a trailer bill that sought to address some of the biggest questions and criticisms surrounding the bill before the January 1st, 2023 effective date. The trailer bill passed 71-40 in the House and 38-17 in the Senate. The amendment now heads to Gov. JB Pritzker’s desk for his signature. The SAFE-T Act is a sweeping criminal justice reform overhaul. It consists of eliminating cash bail, more training for law enforcement, the use of body cameras, a ban on chokeholds, and a host of other remedies to ensure a more humane justice system. What follows is a list of changes and a link to the full text: Safe-T Act Trailer – HB 1095 SA#1

The Transition: Sets out what happens on Jan. 1, 2023. Anyone charged on or after Jan 1 uses the new system. Anyone charged before Jan 1 stays on the current system, but the state or defendant have the option of moving the individual case to the new system, on a motion schedule that prioritizes low level non-violent offenders. Non-detainable offense hearings must be within 7 days, willful flight hearings within 60 days, and threat to safety hearings within 90 days.
Detention Net: Adds various offenses to the detention net with the underlying theme of detaining people who pose a danger and releasing people who do not. For the threat prong it adds non-probationable felonies (with a higher burden for drug offenses involving intent to distribute), forcible felonies (with clarifying language on the definition), hate crimes, attempts of crimes that are otherwise detainable, a few serious crimes that don’t fall under those categories such as aggravated DUI causing great bodily harm and felony animal torture.
Dangerousness Standard: Makes consistent throughout the act the dangerousness standard (what a prosecutor must show to detain an individual on grounds the individual is a threat). The standard is: the person poses a real and present threat to any person or persons or the community, based on the specific articulable facts of the case. (cont.)