|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a local |
emergency energy plan ordinance that is adopted under |
Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by wireless |
carriers under the Wireless Emergency Telephone Safety |
Act. |
|
(k) Law enforcement officer identification information |
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the Capital |
Crimes Litigation Act. This subsection (n) shall apply |
until the conclusion of the trial of the case, even if the |
prosecution chooses not to pursue the death penalty prior |
to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Regional Transportation Authority under Section 2.11 of |
|
the Regional Transportation Authority Act or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Records Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained in, |
stored in, submitted to, transferred by, or released from |
the Illinois Health Information Exchange, and identified |
or deidentified health information in the form of health |
data and medical records of the Illinois Health Information |
Exchange in the possession of the Illinois Health |
Information Exchange Authority due to its administration |
of the Illinois Health Information Exchange. The terms |
"identified" and "deidentified" shall be given the same |
meaning as in the Health Insurance Portability and |
Accountability and Portability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
team of experts under Brian's Law. |
(v) Names and information of people who have applied |
|
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry |
Licensing Review Board under the Firearm Concealed Carry |
Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of an |
eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
|
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) (bb) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; |
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; |
revised 10-14-15.)
|
Section 10. The Common Interest Community Association Act |
is amended by changing Section 1-90 as follows:
|
(765 ILCS 160/1-90) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
(Section scheduled to be repealed on July 1, 2021) |
Sec. 1-90. Compliance with the Condominium and Common |
Interest Community Ombudsperson Act. Every common interest |
community association, except for those exempt from this Act |
|
under Section 1-75, must comply with the Condominium and |
Community Interest Community Ombudsperson Act and is subject to |
all provisions of the Condominium and Community Interest |
Community Ombudsperson Act. This Section is repealed July 1, |
2022 2021.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
Section 15. The Condominium Property Act is amended by |
changing Section 35 as follows:
|
(765 ILCS 605/35) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
(Section scheduled to be repealed on July 1, 2021) |
Sec. 35. Compliance with the Condominium and Common |
Interest Community Ombudsperson Act. Every unit owners' |
association must comply with the Condominium and Common |
Interest Community Ombudsperson Act and is subject to all |
provisions of the Condominium and Common Interest Community |
Ombudsperson Act. This Section is repealed July 1, 2022 2021.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
Section 20. The Condominium and Common Interest Community |
Ombudsperson Act is amended by changing the title of the Act |
and Sections 15, 20, 25, 30, 35, 40, 45, 50, 60, 70, and 999 as |
follows:
|
|
(765 ILCS 615/Act title) |
An Act concerning condominium and common interest |
community property.
|
(765 ILCS 615/15) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 15. Definitions. As used in this Act:
|
"Association" means a condominium association or common |
interest community association as defined in this Act.
|
"Board of managers" or "board of directors" means:
|
(1) a common interest community association's board of |
managers or board of directors, whichever is applicable; or
|
(2) a condominium association's board of managers or |
board of or directors, whichever is applicable.
|
"Common interest community" means a property governed by |
the Common Interest Community Association Act.
|
"Common interest community association" has the meaning |
ascribed to it in Section 1-5 of the Common Interest Community |
Association Act.
|
"Condominium" means a property governed by the Condominium |
Property Act.
|
"Condominium association" means an association in which |
membership is a condition of ownership or shareholder interest |
|
of a unit in a condominium, cooperative, townhouse, villa, or |
other residential unit which is part of a residential |
development plan and that is authorized to impose an |
assessment, rents, or other costs that may become a lien on the |
unit or lot, and includes a unit owners' association as defined |
in subsection (o) of Section 2 of the Condominium Property Act |
or and a master association as defined in subsection (u) of |
Section 2 of the Condominium Property Act.
|
"Declaration" has the meaning ascribed to it in:
|
(1) Section 1-5 of the Common Interest Community |
Association Act; or
|
(2) Section 2 of the Condominium Property Act.
|
"Department" means the Department of Financial and |
Professional Regulation.
|
"Director" means the Director of the Division of Real |
Estate Professional Regulation.
|
"Division" means the Division of Real Estate Professional |
Regulation within the Department of Financial and Professional |
Regulation.
|
"Office" means the Office of the Condominium and Common |
Interest Community Ombudsperson established under Section 20 |
of this Act.
|
"Ombudsperson" means the Condominium and Common Interest |
Community Ombudsperson named employed under Section 20 of this |
Act.
|
"Person" includes a natural person, firm, association, |
|
organization, partnership, business trust, corporation, |
limited liability company, or public entity.
|
"Secretary" means the Secretary of the Department of |
Financial and Professional Regulation.
|
"Unit" means a part of the condominium property or common |
interest community property designed and intended for any type |
of independent use.
|
"Unit owner" has the meaning ascribed to it in: |
(1) subsection (g) of Section 2 of the Condominium |
Property Act; or |
(2) Section 1-5 of the Common Interest Community |
Association Act.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/20) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 20. Office of the Condominium and Common Interest |
Community Ombudsperson.
|
(a) There is created in the Division of Real Estate |
Professional Regulation within the Department of Financial and |
Professional Regulation, under the supervision and control of |
the Secretary, the Office of the Condominium and Common |
Interest Community Ombudsperson.
|
(b) The Department shall name employ an Ombudsperson and |
|
other persons as necessary to discharge the requirements of |
this Act. The Ombudsperson shall have the powers delegated to |
him or her by the Department, in addition to the powers set |
forth in this Act.
|
(c) Neither the Ombudsperson nor the Department shall have |
any authority to consider matters that may constitute grounds |
for charges or complaints under the Illinois Human Rights Act |
or that are properly brought before the Department of Human |
Rights or the Illinois Human Rights Commission, before a |
comparable department or body established by a county, |
municipality, or township pursuant to an ordinance prohibiting |
discrimination and established for the purpose of |
investigating and adjudicating charges or complaints of |
discrimination under the ordinance, or before a federal agency |
or commission that administers and enforces federal |
anti-discrimination laws and investigates and adjudicates |
charges or complaints of discrimination under such laws. |
(d) (c) Information and advice provided by the Ombudsperson |
has no binding legal effect and is not subject to the |
rulemaking provisions of the Illinois Administrative Procedure |
Act.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/25) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 25. Training and education.
On or before July 1, 2017 |
2018, the Ombudsperson shall offer training, outreach, and |
educational materials, and may arrange for the offering of |
courses to unit owners, associations, boards of managers, and |
boards of directors in subjects relevant to: (i) the operation |
and management of condominiums and common interest |
communities; and (ii) the Condominium Property Act and the |
Common Interest Community Association Act.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/30) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 30. Website; toll-free number.
|
(a) The Office shall maintain on the Department's website |
the following information:
|
(1) the text of this Act, the Condominium Property Act, |
the Common Community Interest Community Association Act, |
and any other statute, administrative rule, or regulation |
that the Ombudsperson determines is relevant to the |
operation and management of a condominium association or |
common interest community association;
|
(2) information concerning non-judicial nonjudicial |
resolution of disputes that may arise within a condominium |
|
or common interest community, including, but not limited |
to, alternative dispute resolution programs and contacts |
for locally-available dispute resolution programs;
|
(3) a description of the services provided by the |
Ombudsperson and information on how to contact the |
Ombudsperson for assistance; and
|
(4) any other information that the Ombudsperson |
determines is useful to unit owners, associations, boards |
of managers, and boards of directors.
|
(b) The Office may make available during regular business |
hours a statewide toll-free telephone number to provide |
information and resources on matters relating to condominium |
property and common interest community property The Office |
shall make the information described in subsection (a) of this |
Section available in printed form.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/35) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 35. Written policy for resolving complaints.
|
(a) Each association, except for those outlined in |
subsection Section (b) of this Section, shall adopt a written |
policy for resolving complaints made by unit owners. The |
association shall make the policy available to all unit owners |
|
upon request. The policy must include:
|
(1) a sample form on which a unit owner may make a |
complaint to the association;
|
(2) a description of the process by which complaints |
shall be delivered to the association;
|
(3) the association's timeline and manner of making |
final determinations in response to a unit owner's |
complaint; and |
(4) a requirement that the final determination made by |
the association in response to a unit owner's complaint be: |
(i) made in writing;
|
(ii) made within 180 days a reasonable time after |
the association received the unit owner's original |
complaint; and
|
(iii) marked clearly and conspicuously as "final".
|
(b) Common interest community associations exempt from the |
Common Interest Community Association Act are not required to |
have a written policy for resolving complaints. |
(c) No later than January 1, 2019 180 days after the |
effective date of this Act, associations existing on the |
effective date of this Act, except for those identified in |
subsection (b) of this Section, must establish and adopt the |
policy required under this Section.
|
(d) Associations first created after January 1, 2019 the |
effective date of this Act, except for those identified in |
subsection (b) of this Section, must establish and adopt the |
|
policy required under this Section within 180 days following |
creation of the association at the time of initial registration |
as required by Section 65 of this Act.
|
(e) A unit owner may not bring a request for assistance |
under Section 40 of this Act for an association's lack of or |
inadequacy of a written policy to resolve complaints, but may |
notify the Department in writing of the association's lack of |
or inadequacy of a written policy. An association that fails to |
comply with this Section is subject to subsection (g) of |
Section 65 of this Act.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/40) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 40. Dispute resolution Requests for assistance.
|
(a) Beginning on July 1, 2020, and subject to appropriation |
2019, unit owners meeting the requirements of this Section may |
make a written request, as outlined in subsection (f) of this |
Section, to the Ombudsperson for assistance in resolving a |
dispute between a unit owner and an association that involves a |
violation of the Condominium Property Act or the Common |
Interest Community Association Property Act.
|
(b) The Ombudsperson shall not accept requests for |
resolutions of disputes with community association managers, |
|
supervising community association managers, or community |
association management firms, as defined in the Community |
Association Manager Licensing and Disciplinary Act.
|
(c) The Ombudsperson shall not accept requests for |
resolutions of disputes for which there is a pending complaint |
filed in any court or administrative tribunal in any |
jurisdiction or for which arbitration or alternative dispute |
resolution is scheduled to occur or has previously occurred.
|
(d) The assistance described in subsection (a) of this |
Section is available only to unit owners. In order for a unit |
owner to receive the assistance from the Ombudsperson described |
in subsection (a) of this Section, the unit owner must:
|
(1) owe no outstanding assessments, fees, or funds to |
the association, unless the assessments, fees, or funds are |
central to the dispute;
|
(2) allege a dispute that was initiated, or initially |
occurred, within the past 2 calendar years preceding of the |
date of the request;
|
(3) have made a written complaint pursuant to the unit |
owner's association's complaint policy, as outlined in |
Section 35, which alleged alleges violations of the |
Condominium Property Act or the Common Interest Community |
Association Act;
|
(4) have received a final and adverse decision from the |
association and attach a copy of the association's final |
adverse decision marked "final" to the request to the |
|
Ombudsperson; and
|
(5) have filed the request within 30 days after the |
receipt of the association's final adverse decision.
|
(e) A unit owner who has not received a response, marked |
"final", to his or her complaint from the association within a |
reasonable time may request assistance from the Ombudsperson |
pursuant to subsection (a) of this Section if the unit owner |
meets the requirements of items (1), (2), and (3) of subsection |
(d) of this Section. A unit owner may not request assistance |
from the Ombudsperson until at least 90 days after the initial |
written complaint was submitted to the association. The |
Ombudsperson may decline a unit owner's request for assistance |
on the basis that a reasonable time has not yet passed.
|
(f) The request for assistance shall be in writing, on |
forms provided electronically by the Office, and include the |
following:
|
(1) the name, address, and contact information of the |
unit owner;
|
(2) the name, address, and contact information of the |
association;
|
(3) the applicable association governing documents |
unless the absence of governing documents is central to the |
dispute;
|
(4) the date of the final adverse decision by the |
association;
|
(5) a copy of the association's written complaint |
|
policy required under Section 35 of this Act;
|
(6) a copy of the unit owner's complaint to the |
association with a specific reference to the alleged |
violations of the Condominium Property Act or the Common |
Interest Community Association Act;
|
(7) documentation verifying the unit owner's ownership |
of a unit, such as a copy of a recorded deed or other |
document conferring title; and
|
(8) a copy of the association's adverse decision marked |
"final", if applicable.
|
(g) On receipt of a unit owner's request for assistance |
that the Department determines meets the requirements of this |
Section, the Ombudsperson shall, within the limits of the |
available resources, confer with the interested parties and |
assist in efforts to resolve the dispute by mutual agreement of |
the parties.
|
(h) The Ombudsperson shall assist only opposing parties who |
mutually agree to participate in dispute resolution.
|
(i) A unit owner is limited to one request for assistance |
per dispute. The meaning of dispute is to be broadly |
interpreted by the Department.
|
(j) The Department has the authority to determine whether |
or not a final decision is adverse under paragraph (4) of |
subsection (d) of this Section.
|
(k) The Department shall, on or before July 1, 2020, |
establish rules describing the time limit, method, and manner |
|
for dispute resolution.
|
(l) (Blank) A request under the Freedom of Information Act |
for information does not constitute a request for assistance |
under this Section.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/45) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 45. Confidentiality. |
(a) All information collected by the Department in the |
course of addressing a request for assistance or for any other |
purpose pursuant to this Act Section 40 shall be maintained for |
the confidential use of the Department and shall not be |
disclosed. The Department shall not disclose the information to |
anyone other than law enforcement officials or regulatory |
agencies that have an appropriate regulatory interest as |
determined by the Secretary. Information and documents |
disclosed to a federal, State, county, or local law enforcement |
agency shall not be disclosed by that agency for any purpose to |
any other agency or person. |
(b) A request for information made to the Department, or |
the Ombudsperson, under this Act does not constitute a request |
under the Freedom of Information Act.
|
(c) The confidentiality provisions of this Section do not |
|
extend to educational, training, and outreach material, |
statistical data, or operational information maintained by the |
Department in administering this Act. |
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/50) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 50. Reports.
|
(a) The Department shall submit an annual written report on |
the activities of the Office to the General Assembly. The |
Department shall submit the first report no later than July 1, |
2018. Beginning in 2019, the Department shall submit the |
report , no later than October 1 of each year, with the initial |
report being due October 1, 2020. The report shall include all |
of the following:
|
(1) annual workload and performance data, including |
(i) the number of requests for information; (ii) training, |
education, or other information provided; (iii) assistance |
received, the manner in which education and training was |
conducted; requests were or were not resolved and (iv) the |
staff time required to provide the training, education, or |
other information resolve the requests. For each category |
of data, the report shall provide subtotals based on the |
type of question or dispute involved in the request; and
|
|
(2) where relevant information is available, analysis |
of the most common and serious types of concerns disputes |
within condominiums and common interest communities, along |
with any recommendations for statutory reform to reduce the |
frequency or severity of those disputes.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/60) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 60. Rules. The Department may, from time to time, |
adopt such rules as are necessary for the administration and |
enforcement of any provision of this Act. Any rule adopted |
under this Act is subject to the rulemaking provisions of the |
Illinois Administrative Procedure Act.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/70) |
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 70. Repeal. This Act is repealed on July 1, 2022 2021.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/999) |
|
(This Section may contain text from a Public Act with a |
delayed effective date)
|
(Section scheduled to be repealed on July 1, 2021) |
Sec. 999. Effective date. This Act takes effect January 1, |
2017 July 1, 2016.
|
(Source: P.A. 98-1135, eff. 7-1-16.)
|
(765 ILCS 615/55 rep.) |
Section 25. The Condominium and Common Interest Community |
Ombudsperson Act is amended by repealing Section 55.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|