2021 Illinois Legal Updates and Case Law Summaries

(2) reference the property index number or unique parcel identification code of the property for which the original instrument containing the unlawful restrictive covenant is recorded; and (3) include any other information that the recorder or State's Attorney considers necessary in carrying out the requirements of this Section.

Effective Date: 1/1/2022

HB644 – Amendment to the Homeowners’ Energy Policy Statement Act – Public Act 102-0161

The amendment allows an Association to determine the specific configuration of the solar energy system as long as it does not reduce the production of solar energy by more that 10%. It also reduces the time for adopting a policy statement from 120 days to 90 days. The amendment also changes the time required for an Association to approve an application from 90 days to 75 days. The amendment also changes the buildings that are subject to the act. The Act does not apply to buildings that are greater than 60 feet in height, which is an increase from the original 30 feet in height. It also does not apply to a building that has a shared roof and is subject to a homeowne rs’ association, common interest community association, condominium unit owners' association. A shared roof means: (i) serves more than one unit, including, but not limited to, a contiguous roof serving adjacent units, or (ii) is part of the common elements or common area.

Effective Date: 7/26/2021

HB644 – Amendment to the Homeowners’ Energy Policy Statement Act – Public Act 102-0161

The amendment allows an Association to determine the specific configuration of the solar energy system as long as it does not reduce the production of solar energy by more that 10%. It also reduces the time for adopting a policy statement from 120 days to 90 days. The amendment also changes the time required for an Association to approve an application from 90 days to 75 days. The amendment also changes the buildings that are subject to the act. The Act does not apply to buildings that are greater than 60 feet in height, which is an increase from the original 30 feet in height. It also does not apply to a building that has a shared roof and is subject to a homeowners’ association, common interest community association, condominium unit owners' association. A shared roof means: (i) serves more than one unit, including, but not limited to, a contiguous roof serving adjacent units, or (ii) is part of the common elements or common area.

Effective Date: 7/26/2021

SB636 – Amendment to Section 18 of the Condominium Property Act – Public Act 102-0162

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

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