HB4658 99TH GENERAL ASSEMBLY

LRB099 18521 HEP 42900 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4658

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

765 ILCS 615/35
765 ILCS 615/55 rep.

Amends the Condominium and Common Interest Community Ombudsperson Act. Repeals a Section concerning registration requirements for associations. Makes corresponding changes. Effective July 1, 2016.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Condominium and Common Interest Community Ombudsperson Act is amended by changing Section 35 as follows:

(765 ILCS 615/35)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on July 1, 2021)

Sec. 35. Written policy for resolving complaints.

(a) Each association, except for those outlined in Section (b) of this Section, shall adopt a written policy for resolving complaints made by unit owners. The association shall make the policy available to all unit owners upon request. The policy must include:

(1) a sample form on which a unit owner may make a complaint to the association;

(2) a description of the process by which complaints shall be delivered to the association;

(3) the association's timeline and manner of making final determinations in response to a unit owner's complaint; and

(4) a requirement that the final determination made by the association in response to a unit owner's complaint be:

(i) made in writing;

(ii) made within a reasonable time after the unit owner's original complaint; and

(iii) marked clearly and conspicuously as "final".

(b) Common interest community associations exempt from the Common Interest Community Association Act are not required to have a written policy for resolving complaints.

(c) No later than 180 days after the effective date of this Act, associations existing on the effective date of this Act, except for those identified in subsection (b) of this Section, must establish and adopt the policy required under this Section.

(d) Associations first created after the effective date of this Act, except for those identified in subsection (b) of this Section, must establish and adopt the policy required under this Section at the time of initial registration as required by Section 65 of this Act.

(e) A unit owner may not bring a request for assistance under Section 40 of this Act for an association's lack of or inadequacy of a written policy to resolve complaints, but may notify the Department in writing of the association's lack of or inadequacy of a written policy. An association that fails to comply with this Section is subject to subsection (g) of Section 65 of this Act.

(Source: P.A. 98-1135, eff. 7-1-16.)

(765 ILCS 615/55 rep.)

Section 10. The Condominium and Common Interest Community Ombudsperson Act is amended by repealing Section 55.

Section 99. Effective date. This Act takes effect July 1, 2016.