Illinois Common Interest Community Assocaition Act

Started by JerroldO • 1 replies • 1755 views

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JerroldO (Illinois)
Posts: 1

Posted:

I am a resident board member of an Illinois homeowner's association (single family homes, not condominiums). The new Illinois law, effective 7-29-10, seems to say developer turnover to residents occurs at the earlier of 75% of all units sold, or three years after recording of declaration. Is there a grandfather provision exempting existing associations? Or, does the new law apply to all existing, and future, associations as of 7-29-10??

MaryA1 (Arizona)
Posts: 388

Posted:

Jerold,

I couldn't find the section you talk about, however, I'm copying below the "applicability" section. As you can see there is no date specified which means all the HOA statutes are applicable no matter when your HOA was established. Unless the section you refer to explicitly says it is only applicable to HOAs established before a certain date, then it would apply to all HOAs no matter when established. I believe the 7/29/10 date is only the date this amendment became law. It appears that date is shown at the end of all the statutes.

(765 ILCS 160/1‑10)
Sec. 1‑10. Applicability. Unless expressly provided otherwise herein, the provisions of this Act are applicable to all common interest community associations in this State.
(Source: P.A. 96‑1400, eff. 7‑29‑10.)

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