House Bill 5246: New Illinois Condo Law In 2023

The newly enacted House Bill 5246 spells some changes for condo associations in Illinois. These changes will affect the way condos comply with records inspection requests and disclosures.

House Bill 5246: What Is It?

HB 5246 amends Section 22.1 of the Illinois Condominium Property Act. The newly passed bill has shortened the length of time condo board members have to comply with owners’ written requests to view records. Previously, condo boards had 30 business days to produce records upon receiving a written request. The bill shortens that to 10 business days.

In addition to the timeframe, the bill also made changes to fees associated with records inspection requests. According to the law, a condo association may charge owners a fee to make copies of its records. However, this fee may not exceed $375.00, with annual adjustments dependent on the consumer price index. If an owner wishes to have the documents rushed, which means to produce the records within 72 hours, the association may charge an additional $100.00.

Not the First State to Impose Limits

It is not uncommon for state laws to restrict homeowners associations when it comes to disclosures and fees. Several other states also have laws that require HOAs to produce records within a certain period of time. They also have regulations that place a cap on the dollar amount these associations can charge for the records.

These laws are designed to protect homeowners from any potentially abusive or extortionate practices. Without such regulations, an association may be prone to charging exorbitant fees, either as a way to earn additional revenue or discourage owners from requesting records. These regulations also ensure a speedy response from board members once they receive a written request for records.

It is worth noting that House Bill 5246 only makes changes to the Illinois Condominium Property Act and not the Illinois Common Interest Community Association Act. The bill went into effect on January 1, 2023.