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Arrears, PPE, and Reopening Amenities FAQs (and Answers!) From the IDFPR’s Division of Real Estate

The Illinois Department of Financial and Professional Regulation (IDFPR)’s Division of Real Estate recently released a set of frequently-asked questions and guidelines for condominium and common interest community associations as the state and its municipalities move to reopen and resume day-to-day operations during the ongoing coronavirus pandemic. 

Broadly speaking, the IDFPR’s mission is to “Protect the residents of Illinois, ensure the safety and soundness of financial institutions, ensure that competent professionals are licensed to provide services to the public, and enhance commerce in the state for the benefit of all its residents.” More specifically, according to its website (https://www.idfpr.com/) the Department’s Division of Real Estate “licenses and regulates professionals involved in the buying and selling of property, including real estate brokers, appraisers, auctioneers, community association managers and home inspectors." Other divisions include Banking, Financial Institutions, and Professional Regulation.

The Department’s guide was compiled to address some of the many questions that have arisen among association boards, managers, and residents during the COVID-19 crisis. The Chicagoland Cooperator is publishing the FAQs in their entirety below (the full document is available as a printable PDF here: https://www.idfpr.com/Forms/COVID19/COVID-19%20Guidance%20for%20Condominiums%20and%20Common%20Interest%20Community%20Associations%2005132020.pdf), but please keep in mind that while these tips and guidelines are meant to be informative and educational, they are not to be construed as legal advice. As always, any issues with potential legal or liability ramifications should be referred to professional legal counsel.

From the IDFPR

“Please be aware that disputes arising out of the Condominium Property Act (765 ILCS 605/ (“CPA”)) or the Common Interest Community Association Act (765 ILCS 160/ (CICAA”)) may only be resolved by the Illinois courts; the Department does not have regulatory or enforcement authority related to the CPA or CICAA. The Illinois legislature, through CICAA, created the Office of the Condominium and Common Interest Community Ombudsperson in the Division of Real Estate (“Division”). The mission of the Ombudsperson is to provide information to unit owners, condominium and common interest community associations and their respective boards.”

The FAQs

Q. The COVID-19 pandemic is causing me financial hardship and I’m having trouble paying my assessments. What can I do?

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