January 2012

New Year, New Laws

While we know early 2012 will be dominated by the license transition, there are some other new laws that Illinois REALTORS® should be aware of.

Julie Sullivan  | Assistant Director, Legislative and Political Affairs

School Report Card Redesigned
For the first time since first mandated 26 years ago, the school district report cards will be redesigned. The report that will be of particular interest is a one-page report targeted at a broad community—particularly parents. In a user-friendly document, you will be able to capture a wealth of information including demographics, curriculum, student achievement and student progress. More detailed reports will also be available to district and school leaders as well as researchers. IAR was proud to be in support of this Advance Illinois effort!  http://www.advanceillinois.org.

• WHAT THIS MEANS FOR YOU: More information in your hands to assist your clients! 

Transfer of Property without Probate Court
Public Act 97-555 (HB 1153) created the Illinois Residential Real Property Transfer on Death Instrument Act. This new law will provide for the various requirements for an owner to transfer residential real estate by a transfer on death instrument which is a revocable non testamentary instrument.

• WHAT THIS MEANS FOR YOU: IAR legal counsel recommends that property owners seek legal advice. IAR, in cooperation with the Illinois State Bar Association will continue to educate real estate practitioners.

Mandatory Seat Belts in the Back Seat
Public Act 97-16 (HB 219) mandates that back seat passengers wear seat belts. While there are specific exemptions from the law—children less than 8 years of age are still covered under the Child Passenger Protection Act; passengers who are unable for medical or physical reasons; vehicles with a model year prior to 1965; passengers of an authorized emergency vehicle or in the back seat of a taxicab. Generally speaking passengers in both the front and back seats need to buckle up.

• WHAT THIS MEANS FOR YOU: Buckle up your passengers!

Common Interest Association Act
Common Interest Community Associations will be required to be in full compliance with the provisions of the Common Interest Association Act no later than January 1, 2012. In a nutshell, this Illinois law is a comprehensive regulatory structure that provides statutory elements for the governance of procedures and practices of non-condominium community associations—such as homeowners’ or town home associations. This Act was modeled after the existing Illinois Condominium Act and a bill passed in the 2011 session clarified that master associations would continue to be governed under the Illinois Condominium Property Act.

• WHAT THIS MEANS FOR YOU: IAR will continue to provide you information on this Act and your clients need to know that these associations are governed by state law.

View a one-hour IAR Legal Webinar “Laws Related to Community Associations” - www.illinoisrealtor.org/legal/webinars

D.R. Legal News article “Condominiums & Common Interest Communities”- www.illinoisrealtor.org/DRlegalnews/May2011/codo_communities

Association Energy Policy
Public Act 97-105 (HB 991) expands Illinois law that required homeowners’ associations, property owners’ associations and condominium associations to adopt an energy policy statement regarding the location, design and architectural requirements of solar energy systems within 120 days after it receives a request for either the policy statement OR an application from an association member to have such a system to also specify if a wind energy collection, rain water collection or composting system is allowed. IF allowed the energy policy statement must include the location, design and architectural requirements of these latter systems. NOTE: This law does NOT apply to any building greater than 30 feet in height.

• WHAT THIS MEANS FOR YOU: Direction for your clients.

New Laws for Landlords
Public Act 97-21 (HB 141) added very limited provisions to the Illinois Radon Awareness Act regarding radon in rental units. The new law requires that if a lessor is notified by a tenant in a dwelling unit on or below the third floor of an elevated radon test or conducts a test that indicates an elevated level the lessor must disclose the elevated radon level to any prospective lessee of that dwelling unit. The original bill would have enacted a comprehensive tenant radon protection act that included extensive disclosure and testing requirements but the bill was amended as a result of concerns raised by the IAR.

Public Act 97-247 (HB 1209) amends the eviction provisions of the Code of Civil Procedure to now provide that an eviction complaint can request the amount of rent that would be due during any period during which a judgment for possession is stayed by the court.

Public Act 97-470 (HB 1233) Cook County landlords will be required to change or rekey the immediate access to a unit each time it is vacated and before a new lessee occupies the premises. The bill limits the liability of a lessor to damages due to a theft attributable to not changing or rekeying the lock.

A New Economic Development Tool: Disadvantaged Municipalities
Public Act 97-577 (HB 212) added new language to the Property Tax Code to permit the creation of business corridors between two adjoining disadvantaged municipalities; i.e. undeveloped or underdeveloped. A “disadvantaged municipality” is defined as a municipality with a per capita EAV less than 60 percent of the state average and more than 15 percent of its population below the national poverty two municipalities. This new economic tool allows abatement of property taxes in the business corridor for up to ten years. 

• WHAT THIS MEANS FOR YOU: Knowledge of another local economic tool for our most needy communities to encourage and spur business development.