On December 27, 2014, Illinois Governor Pat Quinn signed legislation (House Bill 4204, now known as Public Act 98-1135) aiming to protect condominium and other community association members throughout the state.
The new law would be effective on July 1, 2016 and introduce an Ombudsperson within the Department of Financial and Professional Regulations. The Ombudsperson’s responsibilities would include offering training and education along with dispute resolution and education for associations and their members beginning in 2019.
There are many provisions within the legislation that will need to be addressed. Notably, all community association’s will be required to have written policies in place related to dispute resolution and proceed to register its policies with the Department of Financial and Professional Regulations. Eventually, the proposed Ombudsperson would be available to mediate between a member and the association but only if the parties mutually agree to participate in dispute resolution. Additionally, the Ombudsperson will need to take into account the covenants, conditions, and restrictions within an association’s unique corporate framework.
As this new law does not take effect until mid-year of 2016, KSN will continue to monitor this legislation and any changes that it may undergo.
If you need assistance reviewing and drafting documents (including Declarations, Amendments, Rules and Regulations, and now dispute resolution policies) for your association, our experienced attorneys are available.
Call us toll-free at 855-537-0500 or visit us online at www.ksnlaw.com.
Governor Quinn’s press release can be read here.
House Bill 4204 can be read in its entirety here.