Full Text of HB2471 102nd General Assembly
HB2471 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/19/2021, by Rep. Deanne M. Mazzochi
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.935 new
765 ILCS 605/34 new
Amends the Condominium Property Act. Provides that no seller of a unit
subject to a declaration and association, property manager, board of
managers, or any other association created by the governing recorded
declaration and bylaws for the unit, shall fail to disclose to any
prospective buyer the existence of measured toxic mold in any indoor
residential living space. Provides that any provision between a unit owner
and a property manager or a unit owner and a condominium association that
seeks to prohibit, limit, or otherwise restrict disclosure of measured
toxic mold in a unit by a seller to a buyer is against public policy and is
void and unenforceable. Provides that if there exists measured toxic mold
and a resident suffers from symptoms associated with measured toxic mold,
and adequate notice has been provided by the unit owner to the board of
managers, the unit owner may file an action in court against the board of
managers for specific performance to have the mold removed and preventive
measures taken to ensure that the mold will not return. Provides that the
Attorney General, or a local county public health department, shall have
authority to investigate complaints of unremediated measured toxic mold.
Provides that if, after one year following notice of noncompliance, the
affected area has not been subjected to reasonable remedial efforts,
penalties may be assessed in an amount up to $5,000 per month, but shall
not exceed 50% of the value of the unit subject to the complaint. Provides
that the penalties shall be used for mold remediation and to repair and
remediate housing stock. Makes a corresponding change in the State Finance
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The State Finance Act is amended by adding
Section 5.935 as follows:
(30 ILCS 105/5.935 new)
The Condominium Mold Remediation Fund.
The Condominium Property Act is amended by
adding Section 34 as follows:
(765 ILCS 605/34 new)
Mold disclosures and remediation.
(a) As used in this Section:
"Adjacent unit" means any unit that shares a common
wall with another unit, has a floor immediately above the
ceiling of the unit, has a ceiling immediately below the
floor of the unit, is across a common hallway from a unit,
or is tied to the same ventilation system as the unit.
"Association" and "board of managers" include any
association of owners of units in a condominium or common
interest community acting pursuant to the declaration,
whether through a master association or a subset thereof.
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"Declaration" means any duly recorded instruments,
however designated, that have subjected the property to
this Act or the Common Interest Community Association Act.
"Measured toxic mold" includes culture-based
measurement levels, if measurements are compared against
at least an outdoor air quality standard, or quantitative
PCR levels obtained in accordance with the standards of
the Environmental Relative Moldiness Index.
"Residential real property" means real property
improved with not less than one nor more than 4
residential dwelling units, units in residential
cooperatives, or condominium units, including the limited
common elements allocated to the exclusive use thereof
that form an integral part of a condominium unit or common
"Seller" means every person or entity who is an owner,
beneficiary of a trust, contract purchaser or lessee of a
ground lease, who has an interest, legal or equitable, in
residential real property.
"Tendency to produce severe adverse health effects"
includes symptoms of asthma, respiratory distress, acute
idiopathic pulmonary hemorrhage in infants, or symptoms
documented as having a causal link to symptoms in
peer-reviewed medical literature.
"Unit" means a physical portion of the property that
is subject to the declaration that has been designated by
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separate ownership or occupancy by boundaries that are
described in the declaration.
"Toxic mold" includes stachybotrys chartarum,
penicillum, aspergillus flavus, and aspergillus
parasiticus, or any other mold that can be seen or
smelled, and that further excretes a sufficient amount of
mycotoxin that has a tendency to produce severe adverse
health effects, which may include aflatoxin, macrocyclic
trochothecenes, trichodermin, sterigmatocystin, and
(b) After the effective date of this amendatory Act of the
102nd General Assembly, no seller of a unit subject to a
declaration and association, property manager, board of
managers, or any other association created by the governing
recorded declaration and bylaws for the unit, shall fail to
disclose to any prospective buyer, or his or her agent, the
existence of measured toxic mold in any indoor residential
living space that includes:
(1) the unit proposed to be purchased by the buyer;
(2) any adjacent unit;
(3) in common elements, whether general or limited
common elements; or
(4) remediation efforts, if any, taken in response to
the presence of measured toxic mold.
(c) Any provision between a unit owner and a property
manager or a unit owner and a condominium association that
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seeks to prohibit, limit, or otherwise restrict disclosure of
measured toxic mold in a unit by a seller to a buyer, including
any confidentiality agreements, is against the public policy
of this State and is void and unenforceable. A buyer may waive
disclosure requirements under this Act if the waiver is in
writing or if property is being purchased by the buyer "as is".
(d) If there exists measured toxic mold and a resident
suffers from symptoms associated with measured toxic mold, and
adequate notice has been provided by the unit owner to the
board of managers under this Act, the unit owner may file an
action in court against the board of managers for specific
performance to have the mold removed and preventive measures
taken to ensure that the mold will not return, particularly if
the source of mold is tied to a common element, structural
element within the property, or source of water moisture or
dampness within the authority of the board of managers to
repair. It is presumed that appropriate remediation requires
removal and replacement of all affected areas, particularly if
prior cleaning efforts led to the return of toxic mold growth.
A board of managers may assess the costs of the remediation
through a special assessment on the owners.
(e) The Attorney General, or a local county public health
department, shall have authority to investigate complaints of
unremediated measured toxic mold. If, after one year following
notice of noncompliance, the affected area has not been
subjected to reasonable remedial efforts, penalties may be
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assessed in an amount up to $5,000 per month, but shall not
exceed 50% of the value of the unit subject to the complaint.
All penalties collected under this subsection shall be
deposited into the Condominium Mold Remediation Fund, a
special fund in the State treasury that is hereby created. All
money in the Condominium Mold Remediation Fund shall be paid
as grants for mold remediation and to repair and remediate
housing stock. Grant priority shall be given to residents
whose annual or household income is 75% or less of the Area
(f) The Attorney General may adopt rules to implement this
amendatory Act of the 102nd General Assembly.