Bill Text: IL HB0220 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the Common Interest Community Association Act. Provides that any association with major shared components or significant infrastructure that has had a reserve study conducted on or after January 1, 2020, shall have an updated reserve study conducted within 5 years after the date the reserve study was conducted and at least every 5 years thereafter. Sets forth requirements for the reserve study. Amends the Condominium Property Act. Provides that any association with major shared components or significant infrastructure that has had a reserve study conducted on or after January 1, 2020, shall have an updated reserve study conducted within 5 years after the date the reserve study was conducted and at least every 5 years thereafter. Sets forth requirements for the reserve study. Makes a conforming change.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-04-25 - Added as Alternate Co-Sponsor Sen. Donald P. DeWitte [HB0220 Detail]

Download: Illinois-2023-HB0220-Engrossed.html

HB0220 EngrossedLRB103 03744 LNS 48750 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Common Interest Community Association Act
5is amended by adding Section 1-32 as follows:
6 (765 ILCS 160/1-32 new)
7 Sec. 1-32. Reserve study.
8 (a) Any association with major shared components or
9significant infrastructure that has had a reserve study
10conducted on or after January 1, 2020 shall have an updated
11reserve study conducted within 5 years after the date the
12reserve study was conducted, and at least every 5 years
13thereafter, for purposes of assessing the condition of and
14planning for maintenance, repair, and replacement of the
15common areas.
16 (b) Any association with major shared components or
17significant infrastructure that has not had a reserve study
18conducted on or after January 1, 2020, shall require that a
19reserve study be conducted on or before January 1, 2026, and
20shall update the study every 5 years for purposes of assessing
21the condition of and planning for maintenance, repair, and
22replacement of the common areas.
23 (c) As used in this Section, "reserve study" means an

HB0220 Engrossed- 2 -LRB103 03744 LNS 48750 b
1analysis of the reserves required for future major
2maintenance, repairs, and replacements of the common areas
3that:
4 (1) identifies each structural, mechanical,
5 electrical, and plumbing component of the common areas and
6 any other components that are the responsibility of the
7 association to maintain, repair, and replace;
8 (2) states the normal useful life and the estimated
9 remaining useful life of each identified component;
10 (3) states the estimated cost of maintenance, repair,
11 or replacement of each identified component; and
12 (4) states the estimated annual reserve amount
13 necessary to accomplish any identified future maintenance,
14 repair, or replacement.
15 (d) As used in this Section, "major shared components or
16significant infrastructure" means structural, mechanical,
17electrical, and plumbing components of the common areas and
18any other components that are the responsibility of the
19association to maintain, restore, repair, and replace, or
20infrastructure, including, but not limited to, roads, street
21lighting, hardscape, landscape, ponds and lakes, water
22features, pools, and accessory buildings, with an aggregate
23restoration or replacement cost exceeding $10,000, that are
24capital expenses as identified in the federal tax code and
25generally accepted accounting principles.

HB0220 Engrossed- 3 -LRB103 03744 LNS 48750 b
1 Section 10. The Condominium Property Act is amended by
2changing Section 18.5 and by adding Section 18.12 as follows:
3 (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
4 Sec. 18.5. Master Associations.
5 (a) If the declaration, other condominium instrument, or
6other duly recorded covenants provide that any of the powers
7of the unit owners associations are to be exercised by or may
8be delegated to a nonprofit corporation or unincorporated
9association that exercises those or other powers on behalf of
10one or more condominiums, or for the benefit of the unit owners
11of one or more condominiums, such corporation or association
12shall be a master association.
13 (b) There shall be included in the declaration, other
14condominium instruments, or other duly recorded covenants
15establishing the powers and duties of the master association
16the provisions set forth in subsections (c) through (h).
17 In interpreting subsections (c) through (h), the courts
18should interpret these provisions so that they are interpreted
19consistently with the similar parallel provisions found in
20other parts of this Act.
21 (c) Meetings and finances.
22 (1) Each unit owner of a condominium subject to the
23 authority of the board of the master association shall
24 receive, at least 30 days prior to the adoption thereof by
25 the board of the master association, a copy of the

HB0220 Engrossed- 4 -LRB103 03744 LNS 48750 b
1 proposed annual budget.
2 (2) The board of the master association shall annually
3 supply to all unit owners of condominiums subject to the
4 authority of the board of the master association an
5 itemized accounting of the common expenses for the
6 preceding year actually incurred or paid, together with a
7 tabulation of the amounts collected pursuant to the budget
8 or assessment, and showing the net excess or deficit of
9 income over expenditures plus reserves.
10 (3) Each unit owner of a condominium subject to the
11 authority of the board of the master association shall
12 receive written notice mailed or delivered no less than 10
13 and no more than 30 days prior to any meeting of the board
14 of the master association concerning the adoption of the
15 proposed annual budget or any increase in the budget, or
16 establishment of an assessment.
17 (4) Meetings of the board of the master association
18 shall be open to any unit owner in a condominium subject to
19 the authority of the board of the master association,
20 except for the portion of any meeting held:
21 (A) to discuss litigation when an action against
22 or on behalf of the particular master association has
23 been filed and is pending in a court or administrative
24 tribunal, or when the board of the master association
25 finds that such an action is probable or imminent,
26 (B) to consider information regarding appointment,

HB0220 Engrossed- 5 -LRB103 03744 LNS 48750 b
1 employment or dismissal of an employee, or
2 (C) to discuss violations of rules and regulations
3 of the master association or unpaid common expenses
4 owed to the master association.
5 Any vote on these matters shall be taken at a meeting or
6 portion thereof open to any unit owner of a condominium
7 subject to the authority of the master association.
8 Any unit owner may record the proceedings at meetings
9 required to be open by this Act by tape, film or other
10 means; the board may prescribe reasonable rules and
11 regulations to govern the right to make such recordings.
12 Notice of meetings shall be mailed or delivered at least
13 48 hours prior thereto, unless a written waiver of such
14 notice is signed by the persons entitled to notice before
15 the meeting is convened. Copies of notices of meetings of
16 the board of the master association shall be posted in
17 entranceways, elevators, or other conspicuous places in
18 the condominium at least 48 hours prior to the meeting of
19 the board of the master association. Where there is no
20 common entranceway for 7 or more units, the board of the
21 master association may designate one or more locations in
22 the proximity of these units where the notices of meetings
23 shall be posted.
24 (5) If the declaration provides for election by unit
25 owners of members of the board of directors in the event of
26 a resale of a unit in the master association, the

HB0220 Engrossed- 6 -LRB103 03744 LNS 48750 b
1 purchaser of a unit from a seller other than the developer
2 pursuant to an installment sales contract for purchase
3 shall, during such times as he or she resides in the unit,
4 be counted toward a quorum for purposes of election of
5 members of the board of directors at any meeting of the
6 unit owners called for purposes of electing members of the
7 board, and shall have the right to vote for the election of
8 members of the board of directors and to be elected to and
9 serve on the board of directors unless the seller
10 expressly retains in writing any or all of those rights.
11 In no event may the seller and purchaser both be counted
12 toward a quorum, be permitted to vote for a particular
13 office, or be elected and serve on the board. Satisfactory
14 evidence of the installment sales contract shall be made
15 available to the association or its agents. For purposes
16 of this subsection, "installment sales contract" shall
17 have the same meaning as set forth in Section 5 of the
18 Installment Sales Contract Act and subsection (e) of
19 Section 1 of the Dwelling Unit Installment Contract Act.
20 (6) The board of the master association shall have the
21 authority to establish and maintain a system of master
22 metering of public utility services and to collect
23 payments in connection therewith, subject to the
24 requirements of the Tenant Utility Payment Disclosure Act.
25 (7) The board of the master association or a common
26 interest community association shall have the power, after

HB0220 Engrossed- 7 -LRB103 03744 LNS 48750 b
1 notice and an opportunity to be heard, to levy and collect
2 reasonable fines from members for violations of the
3 declaration, bylaws, and rules and regulations of the
4 master association or the common interest community
5 association. Nothing contained in this subdivision (7)
6 shall give rise to a statutory lien for unpaid fines.
7 (8) Other than attorney's fees, no fees pertaining to
8 the collection of a unit owner's financial obligation to
9 the Association, including fees charged by a manager or
10 managing agent, shall be added to and deemed a part of an
11 owner's respective share of the common expenses unless:
12 (i) the managing agent fees relate to the costs to collect
13 common expenses for the Association; (ii) the fees are set
14 forth in a contract between the managing agent and the
15 Association; and (iii) the authority to add the management
16 fees to an owner's respective share of the common expenses
17 is specifically stated in the declaration or bylaws of the
18 Association.
19 (d) Records.
20 (1) The board of the master association shall maintain
21 the following records of the association and make them
22 available for examination and copying at convenient hours
23 of weekdays by any unit owners in a condominium subject to
24 the authority of the board or their mortgagees and their
25 duly authorized agents or attorneys:
26 (i) Copies of the recorded declaration, other

HB0220 Engrossed- 8 -LRB103 03744 LNS 48750 b
1 condominium instruments, other duly recorded covenants
2 and bylaws and any amendments, articles of
3 incorporation of the master association, annual
4 reports and any rules and regulations adopted by the
5 master association or its board shall be available.
6 Prior to the organization of the master association,
7 the developer shall maintain and make available the
8 records set forth in this subdivision (d)(1) for
9 examination and copying.
10 (ii) Detailed and accurate records in
11 chronological order of the receipts and expenditures
12 affecting the common areas, specifying and itemizing
13 the maintenance and repair expenses of the common
14 areas and any other expenses incurred, and copies of
15 all contracts, leases, or other agreements entered
16 into by the master association, shall be maintained.
17 (iii) The minutes of all meetings of the master
18 association and the board of the master association
19 shall be maintained for not less than 7 years.
20 (iv) Ballots and proxies related thereto, if any,
21 for any election held for the board of the master
22 association and for any other matters voted on by the
23 unit owners shall be maintained for not less than one
24 year.
25 (v) Such other records of the master association
26 as are available for inspection by members of a

HB0220 Engrossed- 9 -LRB103 03744 LNS 48750 b
1 not-for-profit corporation pursuant to Section 107.75
2 of the General Not For Profit Corporation Act of 1986
3 shall be maintained.
4 (vi) With respect to units owned by a land trust,
5 if a trustee designates in writing a person to cast
6 votes on behalf of the unit owner, the designation
7 shall remain in effect until a subsequent document is
8 filed with the association.
9 (2) Where a request for records under this subsection
10 is made in writing to the board of managers or its agent,
11 failure to provide the requested record or to respond
12 within 30 days shall be deemed a denial by the board of
13 directors.
14 (3) A reasonable fee may be charged by the master
15 association or its board for the cost of copying.
16 (4) If the board of directors fails to provide records
17 properly requested under subdivision (d)(1) within the
18 time period provided in subdivision (d)(2), the unit owner
19 may seek appropriate relief, including an award of
20 attorney's fees and costs.
21 (e) The board of directors shall have standing and
22capacity to act in a representative capacity in relation to
23matters involving the common areas of the master association
24or more than one unit, on behalf of the unit owners as their
25interests may appear.
26 (f) Administration of property prior to election of the

HB0220 Engrossed- 10 -LRB103 03744 LNS 48750 b
1initial board of directors.
2 (1) Until the election, by the unit owners or the
3 boards of managers of the underlying condominium
4 associations, of the initial board of directors of a
5 master association whose declaration is recorded on or
6 after August 10, 1990, the same rights, titles, powers,
7 privileges, trusts, duties and obligations that are vested
8 in or imposed upon the board of directors by this Act or in
9 the declaration or other duly recorded covenant shall be
10 held and performed by the developer.
11 (2) The election of the initial board of directors of
12 a master association whose declaration is recorded on or
13 after August 10, 1990, by the unit owners or the boards of
14 managers of the underlying condominium associations, shall
15 be held not later than 60 days after the conveyance by the
16 developer of 75% of the units, or 3 years after the
17 recording of the declaration, whichever is earlier. The
18 developer shall give at least 21 days notice of the
19 meeting to elect the initial board of directors and shall
20 upon request provide to any unit owner, within 3 working
21 days of the request, the names, addresses, and weighted
22 vote of each unit owner entitled to vote at the meeting.
23 Any unit owner shall upon receipt of the request be
24 provided with the same information, within 10 days of the
25 request, with respect to each subsequent meeting to elect
26 members of the board of directors.

HB0220 Engrossed- 11 -LRB103 03744 LNS 48750 b
1 (3) If the initial board of directors of a master
2 association whose declaration is recorded on or after
3 August 10, 1990 is not elected by the unit owners or the
4 members of the underlying condominium association board of
5 managers at the time established in subdivision (f)(2),
6 the developer shall continue in office for a period of 30
7 days, whereupon written notice of his resignation shall be
8 sent to all of the unit owners or members of the underlying
9 condominium board of managers entitled to vote at an
10 election for members of the board of directors.
11 (4) Within 60 days following the election of a
12 majority of the board of directors, other than the
13 developer, by unit owners, the developer shall deliver to
14 the board of directors:
15 (i) All original documents as recorded or filed
16 pertaining to the property, its administration, and
17 the association, such as the declaration, articles of
18 incorporation, other instruments, annual reports,
19 minutes, rules and regulations, and contracts, leases,
20 or other agreements entered into by the association.
21 If any original documents are unavailable, a copy may
22 be provided if certified by affidavit of the
23 developer, or an officer or agent of the developer, as
24 being a complete copy of the actual document recorded
25 or filed.
26 (ii) A detailed accounting by the developer,

HB0220 Engrossed- 12 -LRB103 03744 LNS 48750 b
1 setting forth the source and nature of receipts and
2 expenditures in connection with the management,
3 maintenance and operation of the property, copies of
4 all insurance policies, and a list of any loans or
5 advances to the association which are outstanding.
6 (iii) Association funds, which shall have been at
7 all times segregated from any other moneys of the
8 developer.
9 (iv) A schedule of all real or personal property,
10 equipment and fixtures belonging to the association,
11 including documents transferring the property,
12 warranties, if any, for all real and personal property
13 and equipment, deeds, title insurance policies, and
14 all tax bills.
15 (v) A list of all litigation, administrative
16 action and arbitrations involving the association, any
17 notices of governmental bodies involving actions taken
18 or which may be taken concerning the association,
19 engineering and architectural drawings and
20 specifications as approved by any governmental
21 authority, all other documents filed with any other
22 governmental authority, all governmental certificates,
23 correspondence involving enforcement of any
24 association requirements, copies of any documents
25 relating to disputes involving unit owners, and
26 originals of all documents relating to everything

HB0220 Engrossed- 13 -LRB103 03744 LNS 48750 b
1 listed in this subparagraph.
2 (vi) If the developer fails to fully comply with
3 this paragraph (4) within the 60 days provided and
4 fails to fully comply within 10 days of written demand
5 mailed by registered or certified mail to his or her
6 last known address, the board may bring an action to
7 compel compliance with this paragraph (4). If the
8 court finds that any of the required deliveries were
9 not made within the required period, the board shall
10 be entitled to recover its reasonable attorneys' fees
11 and costs incurred from and after the date of
12 expiration of the 10 day demand.
13 (5) With respect to any master association whose
14 declaration is recorded on or after August 10, 1990, any
15 contract, lease, or other agreement made prior to the
16 election of a majority of the board of directors other
17 than the developer by or on behalf of unit owners or
18 underlying condominium associations, the association or
19 the board of directors, which extends for a period of more
20 than 2 years from the recording of the declaration, shall
21 be subject to cancellation by more than 1/2 of the votes of
22 the unit owners, other than the developer, cast at a
23 special meeting of members called for that purpose during
24 a period of 90 days prior to the expiration of the 2 year
25 period if the board of managers is elected by the unit
26 owners, otherwise by more than 1/2 of the underlying

HB0220 Engrossed- 14 -LRB103 03744 LNS 48750 b
1 condominium board of managers. At least 60 days prior to
2 the expiration of the 2 year period, the board of
3 directors, or, if the board is still under developer
4 control, then the board of managers or the developer shall
5 send notice to every unit owner or underlying condominium
6 board of managers, notifying them of this provision, of
7 what contracts, leases and other agreements are affected,
8 and of the procedure for calling a meeting of the unit
9 owners or for action by the underlying condominium board
10 of managers for the purpose of acting to terminate such
11 contracts, leases or other agreements. During the 90 day
12 period the other party to the contract, lease, or other
13 agreement shall also have the right of cancellation.
14 (6) The statute of limitations for any actions in law
15 or equity which the master association may bring shall not
16 begin to run until the unit owners or underlying
17 condominium board of managers have elected a majority of
18 the members of the board of directors.
19 (g) In the event of any resale of a unit in a master
20association by a unit owner other than the developer, the
21owner shall obtain from the board of directors and shall make
22available for inspection to the prospective purchaser, upon
23demand, the following:
24 (1) A copy of the declaration, other instruments and
25 any rules and regulations.
26 (2) A statement of any liens, including a statement of

HB0220 Engrossed- 15 -LRB103 03744 LNS 48750 b
1 the account of the unit setting forth the amounts of
2 unpaid assessments and other charges due and owing.
3 (3) A statement of any capital expenditures
4 anticipated by the association within the current or
5 succeeding 2 fiscal years.
6 (4) A statement of the status and amount of any
7 reserve for replacement fund and any portion of such fund
8 earmarked for any specified project by the board of
9 directors.
10 (5) A copy of the statement of financial condition of
11 the association for the last fiscal year for which such a
12 statement is available.
13 (6) A statement of the status of any pending suits or
14 judgments in which the association is a party.
15 (7) A statement setting forth what insurance coverage
16 is provided for all unit owners by the association.
17 (8) A statement that any improvements or alterations
18 made to the unit, or any part of the common areas assigned
19 thereto, by the prior unit owner are in good faith
20 believed to be in compliance with the declaration of the
21 master association.
22 The principal officer of the unit owner's association or
23such other officer as is specifically designated shall furnish
24the above information when requested to do so in writing,
25within 30 days of receiving the request.
26 A reasonable fee covering the direct out-of-pocket cost of

HB0220 Engrossed- 16 -LRB103 03744 LNS 48750 b
1copying and providing such information may be charged by the
2association or its board of directors to the unit seller for
3providing the information.
4 (g-1) The purchaser of a unit of a common interest
5community at a judicial foreclosure sale, other than a
6mortgagee, who takes possession of a unit of a common interest
7community pursuant to a court order or a purchaser who
8acquires title from a mortgagee shall have the duty to pay the
9proportionate share, if any, of the common expenses for the
10unit that would have become due in the absence of any
11assessment acceleration during the 6 months immediately
12preceding institution of an action to enforce the collection
13of assessments and the court costs incurred by the association
14in an action to enforce the collection that remain unpaid by
15the owner during whose possession the assessments accrued. If
16the outstanding assessments and the court costs incurred by
17the association in an action to enforce the collection are
18paid at any time during any action to enforce the collection of
19assessments, the purchaser shall have no obligation to pay any
20assessments that accrued before he or she acquired title. The
21notice of sale of a unit of a common interest community under
22subsection (c) of Section 15-1507 of the Code of Civil
23Procedure shall state that the purchaser of the unit other
24than a mortgagee shall pay the assessments and court costs
25required by this subsection (g-1).
26 (h) Errors and omissions.

HB0220 Engrossed- 17 -LRB103 03744 LNS 48750 b
1 (1) If there is an omission or error in the
2 declaration or other instrument of the master association,
3 the master association may correct the error or omission
4 by an amendment to the declaration or other instrument, as
5 may be required to conform it to this Act, to any other
6 applicable statute, or to the declaration. The amendment
7 shall be adopted by vote of two-thirds of the members of
8 the board of directors or by a majority vote of the unit
9 owners at a meeting called for that purpose, unless the
10 Act or the declaration of the master association
11 specifically provides for greater percentages or different
12 procedures.
13 (2) If, through a scrivener's error, a unit has not
14 been designated as owning an appropriate undivided share
15 of the common areas or does not bear an appropriate share
16 of the common expenses, or if all of the common expenses or
17 all of the common elements in the condominium have not
18 been distributed in the declaration, so that the sum total
19 of the shares of common areas which have been distributed
20 or the sum total of the shares of the common expenses fail
21 to equal 100%, or if it appears that more than 100% of the
22 common elements or common expenses have been distributed,
23 the error may be corrected by operation of law by filing an
24 amendment to the declaration, approved by vote of
25 two-thirds of the members of the board of directors or a
26 majority vote of the unit owners at a meeting called for

HB0220 Engrossed- 18 -LRB103 03744 LNS 48750 b
1 that purpose, which proportionately adjusts all percentage
2 interests so that the total is equal to 100%, unless the
3 declaration specifically provides for a different
4 procedure or different percentage vote by the owners of
5 the units and the owners of mortgages thereon affected by
6 modification being made in the undivided interest in the
7 common areas, the number of votes in the unit owners
8 association or the liability for common expenses
9 appertaining to the unit.
10 (3) If an omission or error or a scrivener's error in
11 the declaration or other instrument is corrected by vote
12 of two-thirds of the members of the board of directors
13 pursuant to the authority established in subdivisions
14 (h)(1) or (h)(2) of this Section, the board, upon written
15 petition by unit owners with 20% of the votes of the
16 association or resolutions adopted by the board of
17 managers or board of directors of the condominium and
18 common interest community associations which select 20% of
19 the members of the board of directors of the master
20 association, whichever is applicable, received within 30
21 days of the board action, shall call a meeting of the unit
22 owners or the boards of the condominium and common
23 interest community associations which select members of
24 the board of directors of the master association within 30
25 days of the filing of the petition or receipt of the
26 condominium and common interest community association

HB0220 Engrossed- 19 -LRB103 03744 LNS 48750 b
1 resolution to consider the board action. Unless a majority
2 of the votes of the unit owners of the association are cast
3 at the meeting to reject the action, or board of managers
4 or board of directors of condominium and common interest
5 community associations which select over 50% of the
6 members of the board of the master association adopt
7 resolutions prior to the meeting rejecting the action of
8 the board of directors of the master association, it is
9 ratified whether or not a quorum is present.
10 (4) The procedures for amendments set forth in this
11 subsection (h) cannot be used if such an amendment would
12 materially or adversely affect property rights of the unit
13 owners unless the affected unit owners consent in writing.
14 This Section does not restrict the powers of the
15 association to otherwise amend the declaration, bylaws, or
16 other condominium instruments, but authorizes a simple
17 process of amendment requiring a lesser vote for the
18 purpose of correcting defects, errors, or omissions when
19 the property rights of the unit owners are not materially
20 or adversely affected.
21 (5) If there is an omission or error in the
22 declaration or other instruments that may not be corrected
23 by an amendment procedure set forth in subdivision (h)(1)
24 or (h)(2) of this Section, then the circuit court in the
25 county in which the master association is located shall
26 have jurisdiction to hear a petition of one or more of the

HB0220 Engrossed- 20 -LRB103 03744 LNS 48750 b
1 unit owners thereon or of the association, to correct the
2 error or omission, and the action may be a class action.
3 The court may require that one or more methods of
4 correcting the error or omission be submitted to the unit
5 owners to determine the most acceptable correction. All
6 unit owners in the association must be joined as parties
7 to the action. Service of process on owners may be by
8 publication, but the plaintiff shall furnish all unit
9 owners not personally served with process with copies of
10 the petition and final judgment of the court by certified
11 mail, return receipt requested, at their last known
12 address.
13 (6) Nothing contained in this Section shall be
14 construed to invalidate any provision of a declaration
15 authorizing the developer to amend an instrument prior to
16 the latest date on which the initial membership meeting of
17 the unit owners must be held, whether or not it has
18 actually been held, to bring the instrument into
19 compliance with the legal requirements of the Federal
20 National Mortgage Association, the Federal Home Loan
21 Mortgage Corporation, the Federal Housing Administration,
22 the United States Veterans Administration or their
23 respective successors and assigns.
24 (i) The provisions of subsections (c) through (h) are
25applicable to all declarations, other condominium instruments,
26and other duly recorded covenants establishing the powers and

HB0220 Engrossed- 21 -LRB103 03744 LNS 48750 b
1duties of the master association recorded under this Act. Any
2portion of a declaration, other condominium instrument, or
3other duly recorded covenant establishing the powers and
4duties of a master association which contains provisions
5contrary to the provisions of subsection (c) through (h) shall
6be void as against public policy and ineffective. Any
7declaration, other condominium instrument, or other duly
8recorded covenant establishing the powers and duties of the
9master association which fails to contain the provisions
10required by subsections (c) through (h) shall be deemed to
11incorporate such provisions by operation of law.
12 (j) Reserve study.
13 (1) Any association with major shared components or
14 significant infrastructure that has had a reserve study
15 conducted on or after January 1, 2020 shall have an
16 updated reserve study conducted within 5 years after the
17 date the reserve study was conducted, and at least every 5
18 years thereafter, for purposes of assessing the condition
19 of and planning for maintenance, repair, and replacement
20 of the common areas.
21 (2) Any association with major shared components or
22 significant infrastructure that has not had a reserve
23 study conducted on or after January 1, 2020, shall require
24 that a reserve study be conducted on or before January 1,
25 2026, and shall update the study every 5 years for
26 purposes of assessing the condition of and planning for

HB0220 Engrossed- 22 -LRB103 03744 LNS 48750 b
1 maintenance, repair, and replacement of the common areas.
2 (3) As used in this subsection (j), "reserve study"
3 means an analysis of the reserves required for future
4 major maintenance, repairs, and replacements of the common
5 areas that:
6 (i) identifies each structural, mechanical,
7 electrical, and plumbing component of the common areas
8 and any other components that are the responsibility
9 of the association to maintain, repair, and replace;
10 (ii) states the normal useful life and the
11 estimated remaining useful life of each identified
12 component;
13 (iii) states the estimated cost of maintenance,
14 repair, or replacement of each identified component;
15 and
16 (iv) states the estimated annual reserve amount
17 necessary to accomplish any identified future
18 maintenance, repair, or replacement.
19 (4) As used in this subsection (j), "major shared
20 components or significant infrastructure" means
21 structural, mechanical, electrical, and plumbing
22 components of the common areas and any other components
23 that are the responsibility of the association to
24 maintain, restore, repair, and replace, or infrastructure,
25 including, but not limited to, roads, street lighting,
26 hardscape, landscape, ponds and lakes, water features,

HB0220 Engrossed- 23 -LRB103 03744 LNS 48750 b
1 pools, and accessory buildings, with an aggregate
2 restoration or replacement cost exceeding $10,000, that
3 are capital expenses as identified in the federal tax code
4 and generally accepted accounting principles (Blank).
5(Source: P.A. 100-416, eff. 1-1-18.)
6 (765 ILCS 605/18.12 new)
7 Sec. 18.12. Reserve study.
8 (a) Any association with major shared components or
9significant infrastructure that has had a reserve study
10conducted on or after January 1, 2020 shall have an updated
11reserve study conducted within 5 years after the date the
12reserve study was conducted, and at least every 5 years
13thereafter, for purposes of assessing the condition of and
14planning for maintenance, repair, and replacement of the
15common elements.
16 (b) Any association with major shared components or
17significant infrastructure that has not had a reserve study
18conducted on or after January 1, 2020, shall require that a
19reserve study be conducted on or before January 1, 2026, and
20shall update the study every 5 years for purposes of assessing
21the condition of and planning for maintenance, repair, and
22replacement of the common elements.
23 (c) As used in this Section, "reserve study" means an
24analysis of the reserves required for future major
25maintenance, repairs, and replacements of the common elements

HB0220 Engrossed- 24 -LRB103 03744 LNS 48750 b
feedback