There have been a number of changes in Illinois laws in 2015 that have impacted the management of condominium and common interest community associations. Below is a summary we have compiled in an attempt to keep our clients and the community aware of the implications of these legal updates.

Changes to the Illinois Code of Civil Procedure

1. Association’s right to rent

  • Amendment to Forcible Entry and Detainer Act
  • Known as Public Act 98-0996 or HB4782
  • Effective January 1, 2015
  • Upon obtaining an order of possession, an Association has up to 8 months from the expiration of the stay date to have a lease commence.
  • The term of a lease may not exceed 13 months from the date of commencement of the lease.
  • The Court may upon motion by the Association, permit or extend a lease for one or more additional terms not to exceed 13 months (per term).

2. Service of Process and Access clarified for gated communities

  • Amendment to Civil Law Practice related to service of process on individuals
  • Known as Public Act 98-0966 or SB3286
  • Effective January 1, 2015
  • Amendment requires an employee of a gated residential community to grant entry into the community, including its common areas and common elements, to a process servicer who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
  • Under the amendment, gated residential communities include a condominium association, housing cooperative or private community.

If we can assist your association in a legal matter, do not hesitate to contact KSN at 855-537-0550 or visit our website at www.ksnlaw.com.