In 2024, Illinois rolled out eleven new laws that will shake things up for HOAs!
Don’t worry, though—I’m here to break down these new rules that kicked in this January. From changes in garage designs to updates on resale regulations, there’s a lot to cover. The Nex-Gen team, one of the top community association managers in Schaumburg, has your back. We’re ready to help you navigate these changes and keep your HOA running smoothly and in line with the law.
Ready to dive in? Let’s kick things off with a standout change: the Electric Vehicle Charging Act, a new sustainable law in the Land of Lincoln!
Electric Vehicle Charging Act
The future is electric, and Illinois is paving the way! The Electric Vehicle Charging Act mandates that all new homes and renovated buildings have the infrastructure to support EV charging. If you’re building or renovating after January 2024, your parking space needs to be ready for EV chargers. And no, HOAs can’t restrict members from installing those shiny new chargers.
Under this law, for newly built single-family homes, at least one parking space must be set up for EV charging. Multi-unit residential buildings—whether new or undergoing renovation—also need to have such parking spaces. This rule extends to all affordable housing developments.
For large multifamily residential buildings, developers and HOAs must ensure that 100% of the parking spaces are EV-capable to obtain building permits. However, if the requirement would mean major construction work, like digging up existing parking lots, this rule does not apply.
For affordable housing developments, the timeline for EV-capable spaces is as follows:
* Permits issued 24 months after January 2024: at least 40% of parking spaces must be EV-capable.
* Permits issued 5 years after January 2024: at least 50% EV-capable spaces.
* Permits issued 10 years after January 2024: at least 70% EV-capable spaces.
HOAs cannot prohibit or impose unreasonable restrictions on installing EV chargers in a unit owner’s parking space. If a unit owner installs a charger, it remains their exclusive property, but it must meet health and safety standards. Should approval be required, the HOA has 60 days to respond; if not, the installation is automatically approved.
Unit owners are responsible for all costs related to the installation, use, and any damages that might occur. When installing in common areas, owners need HOA permission, must use licensed contractors, and must provide annual proof of liability insurance.
Owners can also share EV chargers installed in common areas, provided they follow the HOA’s standards and insurance requirements. They must submit proof of insurance that names the HOA, its officers, and directors as insured parties.
If an HOA willfully violates these new EV rules, it can face legal consequences, including damages and penalties of up to $500. Unit owners have the right to enforce their installation rights through legal action, and courts may award attorney’s fees to the prevailing party.
Public Act 103-0062
Gone are the days of reckless pesticide use! Public Act 103-0062 puts some serious penalties in place for those who misuse pesticides. So, if you’re in the habit of spraying first and asking questions later, you might want to rethink your strategy.
Here are the fines you can face
* $500 per person if fewer than three people are exposed.
* $750 per person if three to four people are affected.
* $1,250 per person if five or more people are caught in the pesticide crossfire.
The Department of Agriculture isn’t playing around—they’ll assess penalties based on exposure and might even dig into other violations while they’re at it.
Public Act 103-0161
Public Act 103-0161 sets new heating and cooling rules, especially for senior housing (55+ communities):
Cooling Season (June 1 - September 30): Cooling systems must be on when the heat index goes over 80°F.
Heating Season (October 1 - May 31): Keep temps at 68°F during the day (6 a.m. to 10 p.m.) when it’s below 55°F outside, and at least 62°F at night (10 p.m. to 6 a.m.).
If your building doesn’t have a cooling system, you’ll need to provide a common space (like a lounge or meeting room) with cooling available when the heat index is above 80°F. Buildings without such spaces are exempt, but it’s always great to keep residents comfortable!
Public Act 103-0248
Public Act 103-0248 introduces new minimum living standards under the Illinois Affordable Housing Program:
Cooling and Heating: Cooling systems must be separate from heating and include dehumidification. New homes must have permanent AC. Cooling kicks in when the heat index exceeds 80°F. Heating systems must maintain at least 68°F during the day (6 a.m. to 10 p.m.) and 62°F at night (10 p.m. to 6 a.m.) during the heating season (October 1 to May 31). If heating goes out, it must be fixed within 24 hours.
Property Maintenance: Windows should be safe to open and close, with regular inspections. Homes for seniors or disabled residents must have accessible laundry facilities. Keep the property clean, safe, and pest-free. Maintenance requests should be addressed within 1-2 days, and regular compliance checks are a must. Property managers must conduct regular compliance checks and tenant reviews.
Public Act 103-0296
Public Act 103-0296 makes it easier for homeowners to harness solar energy in HOA communities with these key rule:
* HOAs can’t stop homeowners from installing solar panels or force them to pick specific tech, like solar shingles over traditional panels. Homeowners get to choose their preferred solar setup!
* Got 90 days? That’s how long HOAs have to whip up a written energy policy once a request lands on your desk. This policy should cover solar systems and can even expand to wind energy, rainwater collection, and composting systems.
* HOAs can’t ask homeowners to get neighbor approval, tack on extra warranties, or demand post-installation reports. Your role is to keep things simple and process those solar requests within 30 days—no sneaky fees allowed beyond the usual property change costs.
* Forms should be easy to find—whether that’s a good old paper copy or a digital version on the HOA website.
* If the HOA doesn’t have an energy policy in place, you’ve got 120 days to sort things out. Homeowners can go ahead and install after notifying the HOA and giving a 10-day heads-up.
Public Act 103-0373
Public Act 103-0373 lays down the law when it comes to local governments doing road work outside their boundaries. Essentially, counties, road districts, and municipalities need to stay in their lane—literally—unless they’ve got a good reason to venture out (like disaster relief).
Routine maintenance like mowing and snow removal is fine, but big projects need to stick to the local area unless there’s an agreement in place.
Public Act 103-0432
Public Act 103-0432 is here to keep things fair and square for mobile home sales in parks! Here’s the new rules on selling mobile homes:
* Freedom to Sell: Mobile home owners can sell to anyone they like! Park owners can set general rules for new residents, but those rules have to be fair and legal. Before the sale is a done deal, buyers need to sign a lease—unless they’re planning to roll that home right out of the park.
* Moving Out: If a buyer wants to move the home, they’ve got to hire a licensed mover with insurance that includes the park owner as an insured party. The buyer and park owner must agree on the move date and time. Buyers have 30 days to move the home, settle any debts, cover moving damages, and clean up after themselves.
* Staying Put?: If the buyer doesn’t move the home within 30 days, they need to apply to live in the park and sign a lease.
* Selling: Owners can bring in their own salesperson to assist with the sale—no surprise fees from the park owner unless they specifically ask for the park’s help to find a buyer. Any commission has to be a set percentage of the actual sale price and agreed upon in writing beforehand.
Public Act 103-0486
Now, common interest community associations can collaborate with local authorities on road maintenance and repairs if they make up 50% or more of the township’s population.
Associations can contract with highway commissioners to get road materials or services.
All contracts and purchases need to be reported in the association’s financial report.
Public Act 103-0719
Public Act 103-0719 is all about making condo sales a breeze, with some important new rules for associations:
No Meddling Allowed: Condo associations can’t mess with the sale of a unit if the buyer’s financing is backed by the FHA. Also, refusing a sale for discriminatory or illegal reasons? No can do.
Legal Recourse: If an association crosses the line, the affected party can take action. They’ve got the right to file a lawsuit in state circuit court to set things straight.
Public Act 103-0916
And finally! There’s a new twist in The Condominium Property Act focusing on accessible parking. Here’s what you need to know to stay compliant and keep things fair.
First - The board must create a clear policy for owners with disabilities who need accessible parking. This policy should outline the process for requesting a spot and the expected response time. The board has 45 days to respond to requests, and any unit owner can ask for a copy of the policy. Boards need to have this policy in place within 90 days of being elected.
If your condo doesn’t own accessible parking spaces, the board should still help disabled owners find a reasonable solution.
Second - New and converted condos must keep accessible parking as common property—developers can’t sell or assign these spaces to individual owners. While boards can create rules (like renting to non-disabled owners), disabled owners always get first dibs and can request non-disabled owners to move if necessary.
Third - Disabled owners can buy regular parking spots and ask to swap them for accessible ones. Developers can’t refuse to sell parking spots to disabled owners.
Lastly, Buyers, unit owners, or the board can sue developers if they don’t follow the rules. If developers are found guilty, courts can grant damages, punitive relief, and more. Good news for HOAs—you’re off the hook if developers drop the ball.
Conclusion
Staying on top of the latest Illinois laws isn’t just a good idea—it’s essential to keep your community running smoothly. Knowing the rules helps you dodge legal headaches, support your residents’ rights, and keep up with the latest market trends to meet everyone’s living standards.
Don’t stress, though—Nex-Gen has your back! Stick with us, and we’ll keep you in the loop on all things Chicagoland real estate.
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