2021 Illinois Legal Updates and Case Law Summaries

This amendment amends Section 18 of the Condominium Property Act, by allowing the governing documents, through newly submitted declarations or amendment to declaration, to provide that the majority of the Board of Directors is comprised of unit owners who occupy their units as their primary residence. It further provides that the governing documents may not require that more than a majority is comprised of unit owners who occupy their units as their primary residence. The main issue raised by this new legislation is the part that states, “… may provide that a majority of the board of managers, or such lesser number as may be specified in the declaration, must be comprised of unit owners occupying their unit as their primary residence …” If this section is made applicable to the Association through an amendment, the same amendment can also remove the lesser amount specified in the Declaration. (a)(1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually and that all members of the board shall be elected at large; if there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time. A declaration first submitting property to the provisions of this Act, in accordance with Section 3 after the effective date of this amendatory Act of the 102nd General Assembly, or an amendment to the condominium instruments adopted in accordance with Section 27 after the effective date of this amendatory Act of the 102nd General Assembly, may provide that a majority of the board of managers, or such lesser number as may be specified in the declaration, must be comprised of unit owners occupying their unit as their primary residence; provided that the condominium instruments may not require that more than a majority of the board shall be comprised of unit owners who occupy their unit as their principal residence;

Effective Date: 1/1/2022

SB1672 – Amendment to the Illinois Insurance Code – Public Act 102-0328

Amends the Illinois Insurance Code to require insurance companies that provide insurance for injury to a person or injury to or destruction of property arising out of the ownership, lease, or rental of residential property shall record certain information for dog related incidents. This information shall be reported annually to the Department for a two (2) year period beginning on January 1, 2022.

Effective Date: 1/1/2022

SB1847 – Amendment to the Illinois Human Rights Act – Public Act 102-0036

Amends the requirement for obtaining an equal pay registration certificate. Likely will not apply to Associations, as the requirement only applies to private employer with over 100 employees that is also required to file an Annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission. Businesses with less than 100 employees must certify in writing it is exempt from the requirements.

Effective Date: 6/25/2021

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