On May 2, the vote on this bill was was postponed. It has been sent back to the Judiciary Committee. ASCO gratefully thanks everyone who emailed their state senators and the committee members asking them to oppose HB0029.
House Bill 29 (HB0029) amends the Illinois Common Interest Community Association Act (CICA Act) and the Illinois Condominium Property Act (Condo Act) to eliminate municipalities’ “home rule” powers. HB0029, sponsored by Rep. Andre Thapedi (32nd District), adds a new Section 1-95 to the CICA Act to prevent home rule municipalities from regulating common interest communities “in a manner inconsistent with the changes made to Sections 1-20 [amendments to declaration, bylaws or operating agreement] and 1-45 [Finances] by Public Act 100-292.” To the Condo Act, HB0029 adds Section 18.11, which would prohibit a home rule municipality from regulating condominium associations “in a manner inconsistent with the changes made to Sections 9 [Budget and Assessments], 15 [Sale of Entire Condominium], 18 [By-Laws], 18.4 [Powers and Duties of Board], 18.10 [Accounting], 19 [Books and Records], 27 [Amendments] and 31 [Unit Combinations] by Public Act 100-292.”
In an April 9 article, ASCO General Counsel Michael Kim comments, “This attempt to pre-empt home rule power is a reaction to the City of Chicago’s action to amend its Condominium Ordinance to override the perceived mandatory collection and disclosures of unit owners’ personal phone numbers and e-mail addresses under amended Section 19. Essentially, Public Act 100-292 was packaged and promoted by Rep. Thapedi and he is upset that the City had the audacity to interfere with his grand legislation. This change would affect Condominium and Common Interest Community Associations. This bill has passed out of the House of Representatives and is now being considered in the Senate. The chief sponsor in the Senate is Senator Jacqueline Y. Collins.”
In other words, Thapedi’s amendments are intended to exact revenge against the City of Chicago. Inexplicably, HB0029 was passed unanimously by the House in a roll call vote on March 19. It is now in the Senate Judiciary Committee and could come up for a vote in the full Senate soon. The final deadline for bills to be passed is May 24.
ASCO strongly opposes this bill. We are concerned that this bill eliminating home rule authority, though limited, could lead to the elimination of home rule with respect to other provisions of the Condo Act. If this bill becomes law, then ALL condo associations are subject to Section 19, which includes providing personal phone numbers and email addresses to any association member who asks for them for any reason or no reason at all.
We request that people email their State Senator to vote NO on HB0029. You can use parts of the above paragraph, or write your own. Senator Heather Steans (7th District) has responded to her constituents and is working on amending the bill to delete the reference to Section 19. You can also email your opposition to Sen. President John Cullerton, Chief Sponsor Jacqueline Y. Collins, and members of Senate Judiciary Committee. Their email addresses, if available, are listed below. Otherwise the links lead to their districts’ contact pages. Please share this information with your neighbors, friends, relatives and anyone you know who lives in a condo.”
Senator Heather Steans, 7th District
Senate President John Cullerton, 6th District
Senator Jacqueline Y. Collins, 16th District
Senate Judiciary Committee:
Chair, Senator John Mulroe, 10th District
Vice Chair, Senator Rachelle Crowe, 56th District
Senator Jason Barickman, 53rd District
Senator Ann Gillespie, 27th District
Senator Don Harmon, 39th District
Senator Michael Hastings, 19th District
Senator Toi Hutchinson, 40th District
Senator Paul Schimpf, 58th District
Senator Elgie R. Sims, Jr., 17th District
Senator Jil Tracy, 47th District