(Croke, D-Chicago; Feigenholtz, D-Chicago) adds a reserve study to the list of records that boards must provide to their homeowners upon request. It also extends the repeal date of Condominium and Common Interest Community Ombudsperson Act to January 1, 2024 (rather than July 1, 2022). Passed both chambers.
Wheeler, R-North Aurora; Cappel, D-Plainfield) changes the law on providing of information to a prospective buyer by a unit owner. It requires that the principal officer of the unit owner’s association or other designated officer to provide the information specified in Section 22.1 within 10 business days, rather than 30 days, of the request by the prospective purchaser. It changes the fee to be imposed on the unit owner from “a reasonable fee” to “a reasonable fee not to exceed $375” covering the direct out-of-pocket cost of providing and copying the information. An association may charge an additional $100 for rush service completed within 72 hours. Passed both chambers.
(Ford, D-Chicago; Villivalam, D-Chicago) amends the Illinois Human Rights Act to declare Illinois’ public policy is to prevent discrimination based on source of income in real estate transactions. Defines “source of income” as the lawful manner by which an individual is supported and their dependents are supported. Makes it a civil rights violation for specified discriminatory actions because of an individual’s source of income. Passed both chambers.
(Tarver, D-Chicago; Sims, D-Chicago) is the first major update of the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include the following: allowing for electronic delivery and notice of the disclosure and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act. It also clarifies that a seller does not waive being exempt if a disclosure report is nevertheless delivered. It also includes additional consumer protections for the buyer. Passed both chambers.
(Reick, R-Woodstock; Barickman, R-Bloomington) creates a statutory form for special warranty deeds to standardize the most common form of deed used in commercial real estate practice. Passed both chambers.
Plaintiff lacked standing to pursue instant Fair Debt Collection Practices Act (FDCPA) claim, even though plaintiff alleged that defendant-debt collector violated FDCPA be sending deceptive collection letter that attempted to collect on debt on which statute of limitations had expired. Plaintiff asserted that letter, which informed her that defendant would neither sue her for debt nor report it to credit agency, and that her credit score would not be affected regardless of payment or nonpayment, was confusing, since it contained possibility that she could be sued on debt in future. Ct. of Appeals, though, found that plaintiff lacked standing to pursue instant claim, since plaintiff failed to allege any concrete injury, where plaintiff neither made payment on debt, promised to do so or otherwise act to her detriment in response to anything in or omitted from collection letter. Moreover, plaintiff’s responses to collection letter, by calling defendant to dispute debt and contacting her attorney, were not cognizable harms, and plaintiff’s allegation that confusion arose from said letter is not concrete injury in FDCPA context. As such, Dist. Ct.’s $350,000 judgment in plaintiff’s class action was vacated and case was remanded to Dist. Ct. with instructions to dismiss case for lack of subject-matter jurisdiction. (Dissent filed.)
(Wheeler, R-North Aurora) changes the law on the providing of information to a prospective buyer by a unit owner. It requires that the principal officer of the unit owner's association or other designated officer to provide the information specified in Section 22.1 within 10 business days, rather than 30 days, of the request by the prospective purchaser. It changes the fee to be imposed on the unit owner from "a reasonable fee" to to "a reasonable fee not to exceed $375 covering the direct out-of-pocket cost of providing and copying the information. An association may charge an additional $100 for rush service completed within 72 hours. It is on second reading in the House.
Dist. Ct. did not err in dismissing plaintiff’s complaint seeking to enforce guarantee contract based on third-party’s underlying agreement to pay plaintiff $2 million plus interest on defined schedule. While language in contract allowed plaintiff to enforce guarantee obligation without first trying to collect from third-party, contract required plaintiff to show that third-party had breached underlying contract by failing to keep its promise to pay. Thus, Dist. Ct. could properly dismiss instant case because plaintiff failed to allege that third-party owed anything to plaintiff. Ct. further noted that because instant guarantee contract, as well as underlying contract between plaintiff and third-party were executed at same time, both contracts had to be construed together.
(Cunningham, D-Chicago) allows a defendant to plead a set-off or counterclaim barred by the statute of
limitation or the statute of repose. Current law only allows a set-off or counterclaim that is barred by the statute of limitation. The changes made to
this Section apply to claims initiated on or after its effective date and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period. The bill is in Senate awaiting a committee hearing.