Bill Text: IL SB2898 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Condominium and Common Interest Community Ombudsperson Act. Makes numerous technical and substantive changes in provisions concerning: definitions; the Office of the Condominium and Common Interest Community Ombudsperson; the Office's website; the written policy for receiving complaints; requests for assistance; dispute resolution; confidentiality; and reporting requirements. Repeals a Section concerning registration. Effective July 1, 2016.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2898 Detail]

Download: Illinois-2015-SB2898-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2898 Introduced 2/18/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
765 ILCS 615/15
765 ILCS 615/20
765 ILCS 615/25
765 ILCS 615/30
765 ILCS 615/35
765 ILCS 615/40
765 ILCS 615/45
765 ILCS 615/50
765 ILCS 615/55 rep.
Amends the Condominium and Common Interest Community Ombudsperson Act. Makes numerous technical and substantive changes in provisions concerning: definitions; the Office of the Condominium and Common Interest Community Ombudsperson; the Office's website; the written policy for receiving complaints; requests for assistance; dispute resolution; confidentiality; and reporting requirements. Repeals a Section concerning registration. Effective July 1, 2016.
LRB099 15973 HEP 40290 b
A BILL FOR
SB2898 LRB099 15973 HEP 40290 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium and Common Interest Community
Ombudsperson Act is amended by changing Sections 15, 20, 25,
30, 35, 40, 45, and 50 as follows:
(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(Section scheduled to be repealed on July 1, 2021)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 or directors, whichever is applicable.
"Common interest community" means a property governed by
the Common Interest Community Association Act.
"Common interest community association" has the meaning
ascribed to it in Section 1-5 of the Common Interest Community
Association Act.

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"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.
"Office" means the Office of the Condominium and Common
Interest Community Ombudsperson established under Section 20
of this Act.

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"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
Community Ombudsperson.
(a) There is created in the Division of Real Estate
Professional Regulation within the Department of Financial and

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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)
Sec. 25. Training and education. On or before July 1,
2018, the Ombudsperson shall offer training, outreach, and
educational materials, and may arrange for the offering of

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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
to, alternative dispute resolution programs and contacts
for locally-available dispute resolution programs;
(3) a description of the services provided by the

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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:
(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

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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 90 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.
(b) (c) No later than 180 days after the effective date of
this Act, associations existing on the effective date of this
Act, except for those identified in subsection (d) (b) of this
Section, must establish and adopt the policy required under
this Section.
(c) (d) Associations first created after the effective date
of this Act, except for those identified in subsection (d) (b)
of this Section, must establish and adopt the policy required
under this Section within 180 days following creation of the
association at the time of initial registration as required by
Section 65 of this Act.
(d) Common interest community associations exempt from the

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Common Interest Community Association Act are not required to
have a written policy for resolving complaints as required by
this Section.
(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, 2019, the declaration or bylaws of
a condominium association or common interest community
association shall require mediation or arbitration of
disputes: (1) in which the matter in controversy has either no
specific monetary value or a value of $10,000 or less,
excluding disputes involving the levying and collection of
assessments; or (2) that arise out of violations of the
declaration, bylaws, or rules and regulations of the
condominium or common interest community association. A

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dispute that is not required to be mediated or arbitrated by an
association pursuant to this Section, but that is submitted to
mediation or arbitration by agreement of the disputants, is
also subject to this Section.
(b) The Uniform Arbitration Act shall govern all
arbitration proceedings under this Section.
(c) The Uniform Mediation Act shall govern all mediation
proceedings under this Section.
(d) The disputants shall share equally in the costs of
mediation or arbitration.
(e) A unit owner shall initiate the mediation or
arbitration process within 30 days after receiving the
association's final adverse decision. 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 Property Act.
(b) The Ombudsperson shall not accept requests for
resolutions of disputes with community association managers,
supervising community association managers, or community
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

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jurisdiction or for which arbitration or alternative dispute
resolution is scheduled to occur or has previously occurred.
(f) Prior to submitting a dispute to mediation or
arbitration, a (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; and
(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
(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

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"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 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;
(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;

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(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 establish rules describing the
time limit, method, and manner for dispute resolution.
(l) 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.)

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(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 information assistance
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.)
(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.

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(a) The Department shall submit an annual written report on
the activities of the Office to the General Assembly, 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.
(Source: P.A. 98-1135, eff. 7-1-16.)
(765 ILCS 615/55 rep.)
Section 10. The Condominium and Common Interest Community
Ombudsperson Act is amended by repealing Section 55.
Section 99. Effective date. This Act takes effect July 1,
2016.