Changes to Common Interest Community Association Act

Public Act 97-0605, which became law August 26, 2011, provides many important amendments to the Illinois Common Interest Community Association Act ("CICA") and one amendment to the Illinois Condominium Property Act ("Act") (although the amendment does not affect condominium associations). The following is a brief summary of some changes that have been enacted:

• Common Interest Community Association Board members do not have to be elected by vote from among all members of a community association, nor must one-third of their terms expire annually.
• The Board of a Common Interest Community Association may now seek recovery of its court costs in addition to its attorneys' fees from a delinquent unit owner. The original language of CICA only provided for the recovery of attorneys fees.
• Public Act 97-0605 creates a new definition for "Member" and "Membership", defines "Prescribed Delivery Method" to include mailing, delivering, posting in an association publication or any other delivery method that is approved in writing by the unit owners and authorized by the community instruments. Associations now have the ability to comply with notice requirements through e-mail if they obtain the necessary unit owner approval and modify their governing documents accordingly.
• Boards of Common Interest Communities are no longer obligated to provide prospective purchasers with a statement concerning improvements or alterations to a particular unit or the common areas assigned thereto.
• Boards of Common Interest Communities now have greater flexibility with respect to the timing of notice to members of Board meetings called to adopt assessments (notice must be provided not less than 10 and no more than 60 days prior to the Board meeting).
• Boards of Common Interest Communities must provide a consolidated annual audit if unit owners are not provided an opportunity to review an annual accounting.
• CICA no longer applies to Master Associations, which remain governed in large part by Section 18.5 of the Act and their own governing documents, and Section 18.5 of the Act is amended so that Section 18.5 no longer applies to Common Interest Community Associations.
• CICA can be made applicable to otherwise exempt small Common Interest Community Associations by vote of a majority of the Board or Members

Common Interest Community Associations have until January 1, 2012 to comply with the provisions of the Common Interest Community Association Act.

Please contact our office if you have any questions on the above revisions. This is a good time to have your Declaration reviewed by our office and updated to comply with the new law.