Most states have specific disclosure laws that obligate sellers to inform prospective purchasers about the condominium, homeowner association, or townhome association.
These disclosures can include a variety of information and paperwork that outline the association’s leasing restrictions, rules, upcoming capital expenditures, and other association matters.
In Illinois, Section 22.1(a) of the Illinois Condominium Property Act describes the information that the owner must obtain from the board for inspection by a prospective purchaser, upon demand, in the event of any resale of a condominium unit by a unit owner other than the developer.
In reference to the specific section, resale disclosures in Illinois are commonly referred to as 22.1 disclosures.
There is similar language in Section 1-35(d) of the Common Interest Community Association Act (CICAA) that is applicable to certain homeowner and townhome community associations in Illinois.
What’s included in a 22.1 Disclosure?
A 22.1 disclosure must include:
- A copy of the Declaration, by-laws, other condominium instruments and any rules and regulations.
- A statement of any liens, including a statement of the account of the unit setting forth the amounts of unpaid assessments and other charges due and owing as authorized and limited by the provisions of Section 9 of this Act or the condominium instruments.
- A statement of any capital expenditures anticipated by the unit owner’s association within the current or succeeding two fiscal years.
- A statement of the status and amount of any reserve for replacement fund and any portion of such fund earmarked for any specified project by the Board of Managers.
- A copy of the statement of financial condition of the unit owner’s association for the last fiscal year for which such statement is available.
- A statement of the status of any pending suits or judgments in which the owner’s association is a party.
- A statement setting forth what insurance coverage is provided for all owners by the owner’s association.
- A statement that any improvements or alterations made to the unit, or the limited common elements assigned thereto, by the unit owner are in good faith believed to be in compliance with the condominium instruments.
- The identity and mailing address of the principal office of the unit owner’s association or of the other officer or agent as is specifically designated to receive notices.
Deadlines and Consequences
Disclosures must be provided within 30 days of the written request.
There are significant potential consequences of providing an incomplete disclosure that could result in exposure for the association. For example, a purchaser might be able to avoid a special assessment later levied to pay for a capital expenditure if the expenditure was not included in the 22.1 resale disclosure provided to the prospective purchaser, or an association may face a lawsuit for an inaccurate disclosure or a disclosure that omits required information.
22.1 disclosures are meant to protect the buyer, seller, and the community association. Accordingly, they should be completed by a qualified representative of the community association.
Board members should work with their property manager, financial consultants, and legal counsel to compile and confirm information for real estate sales and refinancing transactions.
If KSN can assist your community association with 22.1 disclosures or other legal concerns, do not hesitate to contact our law firm. Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.
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