Common interest communities, which usually are town house or single-family home associations, have been governed primarily by their declarations and Sections 18.5, 18.6 and 18.7 of the Condo Act. Some declarations are more comprehensive and owner-friendly than others.
The new legislation, also known as SB-3180, outlines procedures and requirements for association governance and operations. It passed both chambers of the General Assembly last month and awaits the signature of Gov. Pat Quinn. It becomes effective upon signing.
"The bill is condo-like," said association attorney Michael C. Kim of Chicago. "It's a slimmed-down version of the Condo Act, but it's not the same."
The idea is to give more protection to owners in HOAs. Section 18.5 of the condo act covers non-condo associations, but it is a bare-bones section. This is more specific and has more protection for unit owners in certain areas, such as access to records, meetings, and assessment increases.