Construction Law
(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 obtained a judgment by confession against defendant in a claim arising out of a mechanic’s lien action. Defendant appealed arguing that the confession-of-judgment provision in a settlement agreement violated section 2-1301(c) of the Code of Civil Procedure. The appellate court affirmed, holding that the settlement agreement was not a consumer transaction merely because it arose out of an underlying consumer transaction because it arose out of a mechanic’s lien, which did not meet the statutory definition of a consumer transaction. The appellate court remanded for determination of the amount of contractual attorney fees owed to the plaintiff by the defendant. (BRIDGES and SCHOSTOK, concurring)
(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.
(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.
(Tarver, D-Chicago; Sims, D-Chicago) updates the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include allowing for electronic delivery and notice and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act, both enacted long after the Disclosure 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. House Bill 4322 has passed the House and is in the Senate.
Plaintiff brought suit alleging breach of fiduciary duty, accounting, breach of contract, and conversion against its former partner in a joint venture to perform government construction work. The case proceeded to bench trial where the trial court judge found in favor of the defendant on all claims. Plaintiff appealed arguing that the trial court’s judgment was against the manifest weight of the evidence. The appellate court affirmed, first finding that it had jurisdiction to hear the appeal, and then finding that the evidence and testimony at trial supported the judgment entered by the trial court. (GORDON and McBRIDE, concurring)