Chicagoland Legislative Update What's New and Notable in the Halls of Governance

 As housing sales in the Chicagoland area remain stagnant, legislation both  nationally and locally relating to property ownership and management continue  to remain active. The majority of the legislation introduced recently has  sought to protect homeowners as well as provide more resources for struggling  condo and homeowner's associations.  

 Some of the more noteworthy pieces of legislation and lobbying initiatives  include the move to create the Illinois Office of the Condominium Ombudsperson;  state mandated training for board members with income tax credits to offset the  cost of training; changes to board election procedures regarding proxies;  Institute of Real Estate Management (IREM) lobbying the U.S. Congress in  support of U.S. House Resolution 940, known as the U.S. Covered Bond Act; and the Community Associations Institute (CAI) teaming up with other housing  allies to lobby congressional representatives and the federal government for  greater transparency and more public input regrading development of Federal  Housing Administration (FHA) lending rules for condominiums.  

 In the Works

 The following legislative initiatives are in the works on the state or federal  level.  

 HB1608 & HB1428 – The Office of the Condominium Ombudsperson.

 State Representative Elaine Nekritz, (D-57th District, Northbrook) along with  chief-co-sponsor Sara Feigenholtz, (D-12th District, Chicago) have introduced  House Bills 1608 and 1428 which would alternatively create the Office of the  Condominium Ombudsperson. In HB1608, the advocate would act as a department  under the jurisdiction of the Office of the State's Attorney General of  Illinois; while under version HB1428, the ombudsperson would be under the  jurisdiction of the Department of Professional and Financial Regulation.  

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Comments

  • New legislation regarding condominiums needs to make management companies fiduciaries. The law now makes boards of directors fiduciaries and not the management companies who generally direct the boards..It is absurd to require that level of obligation from a group of volunteers perhaps with limited expertise and who for the most part dependant on the direction of management companies, while management companies only have to adhere to their contracts for service. Management companies must be made fiduciaries.