As a community association manager, we at Nex-Gen could help guide you through all these changes in legislation.

Public Act 102-1067

First - the Illinois Public Act 102-1067, which was signed into law on June 14, 2023, amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to require the Department to develop and implement a comprehensive 2-year statewide safe gun storage public awareness campaign. 

This is targeted for homeowners’ associations in which each HOA should develop an efficient gun lock and gun safe distribution campaign and gun buy-back programs. 

HOA officers and property managers should pair gun lock distribution with brief counseling or education sessions, focusing on suicide prevention, youth or young adult survivors of gun violence, and families at risk due to domestic violence.

This new law aims to reduce gun violence in Illinois by increasing the number of people who store their guns safely. 

Public Act 102-1000 

The second most important new law for HOAs is Public 102-100. 

It amends the Property Tax Code  by changing Section 16-160. 

Under this law, an association may, on behalf of all or several of the owners that constitute the association, file an appeal to the Property Tax Appeal Board or intervene in an appeal to the Property Tax Appeal Board filed by a taxing body. 

Public Act 102-0840

Public Act 102-0840, a law concerning conservation, amends the Illinois Exotic Weed Act by changing Section 4 with this provision. 

Under this new law, a municipality may adopt an ordinance to eradicate common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), and Chinese buckthorn (Rhamnus utilis) on all public and private property within its geographic boundaries.

This means that without a permit from the Department of Natural Resources, even people living in homeowners’ associations are not allowed to buy, sell, offer for sale, distribute, or plant seeds, plants, or plant parts of exotic weeds. 

This new law puts the responsibility on HOAs to address the growing problem of invasive exotic weeds in Illinois. 

Public Act 102-0974

Under Public Act 102-0974, it states that the fair market value of the land, rights, or property may be based on one or more appraisals completed by a qualified appraiser approved by the Department of Transportation or a valuation waiver prepared by the Department of Transportation. 

The Department of Transportation shall develop a policy to assign a monetary value of all such considerations in valuation determinations. An appraisal may be paid for by any interested party. 

The second amendment is the provision in which any property previously determined to be needed for highway purposes is declared excess and no longer needed such purposes, the government will first offer real property to: a) the person from whom the property was acquired, that still owns and has continuously owned land adjacent to such real property since the acquisition by the Department; b) the local government body (county, township) where the property is located; c) any property owner whose property is adjacent to the land in question. 

This process will be facilitated by homeowners’ associations.

Public Act 102-0976

This new law amends the Condominium Property Act by changing Section 22.1. 

It focuses on any resale of a condominium unit by a unit owner other than the developer. 

It changed the period given to the principal officer of the unit owner's association to furnish the necessary information for inspection to the prospective purchaser from 30 days to just 10 business days from the date of the request.

And it also changed the rate range charged by HOAs to unit sellers, capping the fee at $375. 

And starting next year, the $375 fee shall be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index during the

preceding year. 

An association may charge an additional $100 for rush service completed within 72 hours.

Public Act 102-0916

This new law amends the Illinois Pesticide Act to include barrier mosquitocide (a pesticide that is formulated to kill adult mosquitoes) as prohibited substances between October 16 and April 14. 

On the occasion that these pesticides are used, HOAs must notify and put signage for residential properties treated with barrier mosquitocides. 

And installing or using any residential automatic pesticide misting system is completely prohibited. 

Meaning no device installed on, near, or around the exterior of any residential dwelling or the grounds of a residential dwelling and to automatically spray any pesticide solution at timed intervals.

This act aims to control pesticides as described herein labeling, distribution, usage, and application in the public benefit. 

While pesticides are valuable and necessary for Illinois' agricultural production as well as for the protection of people and their environment from pests, their use must be regulated to prevent unfavorable effects on people and their environment for the sake of our general health and welfare.

Public Act 102-0810

Public Act 102-0810 amends the Foster Children's Bill of Rights Act to add more rights for foster children. 

Even in HOA communities, foster children now have the rights to: a) appropriate intervention and counseling services; b) home visit by an assigned child welfare specialist, c) independent living services program prior to transitioning out of foster care; d) assessment on readiness for a transition out of foster care.

These changes include new requirements for foster care agencies to provide services to children in their care, to protect children from abuse and neglect, and to ensure that children have access to education and healthcare.

The new law requires HOAs to allow foster children to live in their communities. 

Previously, HOAs could prohibit foster children from living in their communities.

Public Act 102-0793

The law also creates a new Cook County Housing Trust Fund. 

This fund will be used to provide loans and grants to developers who are building or rehabilitating affordable housing in Cook County - chosen by the Housing Authority of Cook County.  

Eligible projects include projects involving multi-family rental housing, single family rental housing, and single family for-sale housing.

Public Act 102-0773

Public Act 102-0773 amends the Fire Protection District Act. 

In particular, HOAs must be aware that a municipality that does pay on time and does not comply with the written demand by the fire protection district within 30 days shall be, in addition to the due amount, also be responsible to reimburse the fire protection district for all costs incurred by the fire protection district, including, but not limited to, reasonable legal fees and court costs.

Public Act 102-0724

Public Act 102-0724 amends the Fish and Aquatic Life Code. 

This is applicable for HOAs in fishing communities. 

It adds new requirements for businesses that sell fish and aquatic life products.

The law also makes a number of changes to the Fish and Aquatic Life Code. These changes include new restrictions on fishing, new protections for endangered species, and new requirements for businesses that sell fish and aquatic life products.

Under this law, a commercial fisherman may obstruct more than one-half the width of any stream or watercourse if: 1) the commercial fisherman is within sight of his or her gear and available to prevent boaters from contacting his or her nets; and 2) the commercial fisherman places at least 2 fluorescent orange buoys that are at least 2 feet in diameter on the opposite side of the net from which the commercial fisherman is working to warn boaters of the presence of the commercial fishermen's nets.

Conclusion

HOA members and board members must know these new laws and comply with them to keep abreast with their rights and responsibilities.

We at Nex-Gen can guide you through your HOA concerns.

Book a free consultation with us here.