Real Estate Law

(Sims, D-Chicago; Ann Williams, D-Chicago)  was signed into law on Aug. 13 by Governor Pritzker. It repeals the current exception to the attorney’s six-year statute of repose for estate planning work. That exception was for two years after the death of the client. Senate Bill 2179 provides for a six-year statute of repose to make it consistent with all other legal work, but it also includes a safe harbor period to ensure judicial approval of the legislation. This means that for estate planning done before the amendment’s effective date, regardless of how long ago, there would be a reasonable time period (not to exceed six years) after the statute’s effective date within which a claim could be brought to ensure claims are not abruptly terminated. It takes effect on Jan. 1, 2022. 

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act. Some parts of the Act take effect on July 1, 2022. 

(Crowe, D-Maryville; Didech, D-Buffalo Grove) provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication. The Governor signed it yesterday, and it took effect on his signature. 

(Murphy, D-Des Plaines; Gong-Gershowitz, D-Glenview) allows a new association (or an existing association by amendment to its declaration after the effective date of the public act) to elect a board structure that must have a majority (but may not require more than a majority) of unit owners be owner-occupants. The amended section was specifically designed to not create two classes of membership.  Every unit owner is still qualified to be a member of the board, whether or not they are a resident, and every member can still vote for any candidate running for an open seat on the board. The amendment modifies only the board structure in a manner not unlike previously existing section 18(a)(1) that required initial structuring of the board so that board member terms would be staggered. Sent to the Governor. 

(Barickman, R-Bloomington; Halpin, D-Rock Island) upgrades the TODI Act since its enactment in 2012 to resolve questions or issues that have surfaced in the nine years since the Act has been used. Effective Jan. 1, 2022.