Bill Amendment: IL HB4658 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONDO REGISTRATION-REPEALER

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0776 [HB4658 Detail]

Download: Illinois-2015-HB4658-House_Amendment_001.html

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Rep. Elaine Nekritz

Filed: 4/5/2016

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AMENDMENT TO HOUSE BILL 4658
AMENDMENT NO. ______. Amend House Bill 4658 by replacing
everything after the enacting clause with the following:
"Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

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records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

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plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.

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(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same

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meaning as in the Health Insurance Portability and
Accountability and Portability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

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against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) (bb) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)
Section 10. The Common Interest Community Association Act
is amended by changing Section 1-90 as follows:

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(765 ILCS 160/1-90)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 1-90. Compliance with the Condominium and Common
Interest Community Ombudsperson Act. Every common interest
community association, except for those exempt from this Act
under Section 1-75, must comply with the Condominium and
Community Interest Community Ombudsperson Act and is subject to
all provisions of the Condominium and Community Interest
Community Ombudsperson Act. This Section is repealed July 1,
2022 2021.
(Source: P.A. 98-1135, eff. 7-1-16.)
Section 15. The Condominium Property Act is amended by
changing Section 35 as follows:
(765 ILCS 605/35)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 35. Compliance with the Condominium and Common
Interest Community Ombudsperson Act. Every unit owners'
association must comply with the Condominium and Common
Interest Community Ombudsperson Act and is subject to all
provisions of the Condominium and Common Interest Community

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Ombudsperson Act. This Section is repealed July 1, 2022 2021.
(Source: P.A. 98-1135, eff. 7-1-16.)
Section 20. The Condominium and Common Interest Community
Ombudsperson Act is amended by changing the title of the Act
and Sections 15, 20, 25, 30, 35, 40, 45, 50, 60, 70, and 999 as
follows:
(765 ILCS 615/Act title)
An Act concerning condominium and common interest
community property.
(765 ILCS 615/15)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 15. Definitions. As used in this Act:
"Association" means a condominium association or common
interest community association as defined in this Act.
"Board of managers" or "board of directors" means:
(1) a common interest community association's board of
managers or board of directors, whichever is applicable; or
(2) a condominium association's board of managers or
board of or directors, whichever is applicable.
"Common interest community" means a property governed by
the Common Interest Community Association Act.

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"Common interest community association" has the meaning
ascribed to it in Section 1-5 of the Common Interest Community
Association Act.
"Condominium" means a property governed by the Condominium
Property Act.
"Condominium association" means an association in which
membership is a condition of ownership or shareholder interest
of a unit in a condominium, cooperative, townhouse, villa, or
other residential unit which is part of a residential
development plan and that is authorized to impose an
assessment, rents, or other costs that may become a lien on the
unit or lot, and includes a unit owners' association as defined
in subsection (o) of Section 2 of the Condominium Property Act
or and a master association as defined in subsection (u) of
Section 2 of the Condominium Property Act.
"Declaration" has the meaning ascribed to it in:
(1) Section 1-5 of the Common Interest Community
Association Act; or
(2) Section 2 of the Condominium Property Act.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of the Division of Real
Estate Professional Regulation.
"Division" means the Division of Real Estate Professional
Regulation within the Department of Financial and Professional
Regulation.

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"Office" means the Office of the Condominium and Common
Interest Community Ombudsperson established under Section 20
of this Act.
"Ombudsperson" means the Condominium and Common Interest
Community Ombudsperson named employed under Section 20 of this
Act.
"Person" includes a natural person, firm, association,
organization, partnership, business trust, corporation,
limited liability company, or public entity.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
"Unit" means a part of the condominium property or common
interest community property designed and intended for any type
of independent use.
"Unit owner" has the meaning ascribed to it in:
(1) subsection (g) of Section 2 of the Condominium
Property Act; or
(2) Section 1-5 of the Common Interest Community
Association Act.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/20)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 20. Office of the Condominium and Common Interest

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Community Ombudsperson.
(a) There is created in the Division of Real Estate
Professional Regulation within the Department of Financial and
Professional Regulation, under the supervision and control of
the Secretary, the Office of the Condominium and Common
Interest Community Ombudsperson.
(b) The Department shall name employ an Ombudsperson and
other persons as necessary to discharge the requirements of
this Act. The Ombudsperson shall have the powers delegated to
him or her by the Department, in addition to the powers set
forth in this Act.
(c) Neither the Ombudsperson nor the Department shall have
any authority to consider matters that may constitute grounds
for charges or complaints under the Illinois Human Rights Act
or that are properly brought before the Department of Human
Rights or the Illinois Human Rights Commission.
(d) (c) Information and advice provided by the Ombudsperson
has no binding legal effect and is not subject to the
rulemaking provisions of the Illinois Administrative Procedure
Act.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/25)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)

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Sec. 25. Training and education. On or before July 1, 2017
2018, the Ombudsperson shall offer training, outreach, and
educational materials, and may arrange for the offering of
courses to unit owners, associations, boards of managers, and
boards of directors in subjects relevant to: (i) the operation
and management of condominiums and common interest
communities; and (ii) the Condominium Property Act and the
Common Interest Community Association Act.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/30)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 30. Website; toll-free number.
(a) The Office shall maintain on the Department's website
the following information:
(1) the text of this Act, the Condominium Property Act,
the Common Community Interest Community Association Act,
and any other statute, administrative rule, or regulation
that the Ombudsperson determines is relevant to the
operation and management of a condominium association or
common interest community association;
(2) information concerning non-judicial nonjudicial
resolution of disputes that may arise within a condominium
or common interest community, including, but not limited

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to, alternative dispute resolution programs and contacts
for locally-available dispute resolution programs;
(3) a description of the services provided by the
Ombudsperson and information on how to contact the
Ombudsperson for assistance; and
(4) any other information that the Ombudsperson
determines is useful to unit owners, associations, boards
of managers, and boards of directors.
(b) The Office may make available during regular business
hours a statewide toll-free telephone number to provide
information and resources on matters relating to condominium
property and common interest community property The Office
shall make the information described in subsection (a) of this
Section available in printed form.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/35)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 35. Written policy for resolving complaints.
(a) Each association, except for those outlined in
subsection (d) Section (b) of this Section, shall adopt a
written policy for resolving complaints made by unit owners.
The association shall make the policy available to all unit
owners upon request. The policy must include:

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(1) a sample form on which a unit owner may make a
complaint to the association;
(2) a description of the process by which complaints
shall be delivered to the association;
(3) the association's timeline and manner of making
final determinations in response to a unit owner's
complaint; and
(4) a requirement that the final determination made by
the association in response to a unit owner's complaint be:
(i) made in writing;
(ii) made within 180 days a reasonable time after
the association received the unit owner's original
complaint; and
(iii) marked clearly and conspicuously as "final".
(b) Common interest community associations exempt from the
Common Interest Community Association Act are not required to
have a written policy for resolving complaints.
(c) No later than January 1, 2019 180 days after the
effective date of this Act, associations existing on the
effective date of this Act, except for those identified in
subsection (b) of this Section, must establish and adopt the
policy required under this Section.
(d) Associations first created after January 1, 2019 the
effective date of this Act, except for those identified in
subsection (b) of this Section, must establish and adopt the
policy required under this Section within 180 days following

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creation of the association at the time of initial registration
as required by Section 65 of this Act.
(e) A unit owner may not bring a request for assistance
under Section 40 of this Act for an association's lack of or
inadequacy of a written policy to resolve complaints, but may
notify the Department in writing of the association's lack of
or inadequacy of a written policy. An association that fails to
comply with this Section is subject to subsection (g) of
Section 65 of this Act.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/40)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 40. Dispute resolution Requests for assistance.
(a) Beginning on July 1, 2020, and subject to appropriation
2019, unit owners meeting the requirements of this Section may
make a written request, as outlined in subsection (f) of this
Section, to the Ombudsperson for assistance in resolving a
dispute between a unit owner and an association that involves a
violation of the Condominium Property Act or the Common
Interest Community Association Property Act.
(b) The Ombudsperson shall not accept requests for
resolutions of disputes with community association managers,
supervising community association managers, or community

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association management firms, as defined in the Community
Association Manager Licensing and Disciplinary Act.
(c) The Ombudsperson shall not accept requests for
resolutions of disputes for which there is a pending complaint
filed in any court or administrative tribunal in any
jurisdiction or for which arbitration or alternative dispute
resolution is scheduled to occur or has previously occurred.
(d) The assistance described in subsection (a) of this
Section is available only to unit owners. In order for a unit
owner to receive the assistance from the Ombudsperson described
in subsection (a) of this Section, the unit owner must:
(1) owe no outstanding assessments, fees, or funds to
the association, unless the assessments, fees, or funds are
central to the dispute;
(2) allege a dispute that was initiated, or initially
occurred, within the past 2 calendar years preceding of the
date of the request;
(3) have made a written complaint pursuant to the unit
owner's association's complaint policy, as outlined in
Section 35, which alleged alleges violations of the
Condominium Property Act or the Common Interest Community
Association Act;
(4) have received a final and adverse decision from the
association and attach a copy of the association's final
adverse decision marked "final" to the request to the
Ombudsperson; and

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(5) have filed the request within 30 days after the
receipt of the association's final adverse decision.
(e) A unit owner who has not received a response, marked
"final", to his or her complaint from the association within a
reasonable time may request assistance from the Ombudsperson
pursuant to subsection (a) of this Section if the unit owner
meets the requirements of items (1), (2), and (3) of subsection
(d) of this Section. A unit owner may not request assistance
from the Ombudsperson until at least 90 days after the initial
written complaint was submitted to the association. The
Ombudsperson may decline a unit owner's request for assistance
on the basis that a reasonable time has not yet passed.
(f) The request for assistance shall be in writing, on
forms provided electronically by the Office, and include the
following:
(1) the name, address, and contact information of the
unit owner;
(2) the name, address, and contact information of the
association;
(3) the applicable association governing documents
unless the absence of governing documents is central to the
dispute;
(4) the date of the final adverse decision by the
association;
(5) a copy of the association's written complaint
policy required under Section 35 of this Act;

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(6) a copy of the unit owner's complaint to the
association with a specific reference to the alleged
violations of the Condominium Property Act or the Common
Interest Community Association Act;
(7) documentation verifying the unit owner's ownership
of a unit, such as a copy of a recorded deed or other
document conferring title; and
(8) a copy of the association's adverse decision marked
"final", if applicable.
(g) On receipt of a unit owner's request for assistance
that the Department determines meets the requirements of this
Section, the Ombudsperson shall, within the limits of the
available resources, confer with the interested parties and
assist in efforts to resolve the dispute by mutual agreement of
the parties.
(h) The Ombudsperson shall assist only opposing parties who
mutually agree to participate in dispute resolution.
(i) A unit owner is limited to one request for assistance
per dispute. The meaning of dispute is to be broadly
interpreted by the Department.
(j) The Department has the authority to determine whether
or not a final decision is adverse under paragraph (4) of
subsection (d) of this Section.
(k) The Department shall, on or before July 1, 2020,
establish rules describing the time limit, method, and manner
for dispute resolution.

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(l) (Blank) A request under the Freedom of Information Act
for information does not constitute a request for assistance
under this Section.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/45)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 45. Confidentiality.
(a) All information collected by the Department in the
course of addressing a request for assistance or for any other
purpose pursuant to this Act Section 40 shall be maintained for
the confidential use of the Department and shall not be
disclosed. The Department shall not disclose the information to
anyone other than law enforcement officials or regulatory
agencies that have an appropriate regulatory interest as
determined by the Secretary. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by that agency for any purpose to
any other agency or person.
(b) A request for information made to the Department, or
the Ombudsperson, under this Act does not constitute a request
under the Freedom of Information Act.
(Source: P.A. 98-1135, eff. 7-1-16.)

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(765 ILCS 615/50)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 50. Reports.
(a) The Department shall submit an annual written report on
the activities of the Office to the General Assembly. The
Department shall submit the first report no later than July 1,
2018. Beginning in 2019, the Department shall submit the
report , no later than October 1 of each year, with the initial
report being due October 1, 2020. The report shall include all
of the following:
(1) annual workload and performance data, including
(i) the number of requests for information; (ii) training,
education, or other information provided; (iii) assistance
received, the manner in which education and training was
conducted; requests were or were not resolved and (iv) the
staff time required to provide the training, education, or
other information resolve the requests. For each category
of data, the report shall provide subtotals based on the
type of question or dispute involved in the request; and
(2) where relevant information is available, analysis
of the most common and serious types of concerns disputes
within condominiums and common interest communities, along
with any recommendations for statutory reform to reduce the
frequency or severity of those disputes.

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(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/60)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 60. Rules. The Department may, from time to time,
adopt such rules as are necessary for the administration and
enforcement of any provision of this Act. Any rule adopted
under this Act is subject to the rulemaking provisions of the
Illinois Administrative Procedure Act.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/70)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 70. Repeal. This Act is repealed on July 1, 2022 2021.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/999)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 999. Effective date. This Act takes effect January 1,
2017 July 1, 2016.

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(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/55 rep.)
Section 25. The Condominium and Common Interest Community
Ombudsperson Act is amended by repealing Section 55.
Section 99. Effective date. This Act takes effect upon
becoming law.".