Real Estate Law

(Andersson, R-Geneva; Schimpf, R-Murphysboro) amends statutory awards from a decedent's estate to an "adult dependent child."

(1) It creates a separate statutory award for adult dependent child for at least $5,000, but it gives the court discretion to award whatever sum it deems reasonable or agreed upon by the surviving spouse and representative of the decedent's estate or affiant under a small-estate affidavit.

(2) It links the statute to the adult child's financial dependency on the decedent family member.

(3) It creates a process to make the statute work more effectively by requiring the adult child, adult child's agent or guardian, or other adult on behalf of the adult child to provide written notice to the representative or affiant asserting the adult dependent child's financial dependency on the decedent after receipt of a probate notice advising them of this potential award.

Effective June 1, 2018.

(Thapedi, D-Chicago; Raoul, D-Chicago) makes numerous changes affecting community associations and condos. Among other changes, it amends the statute governing the examination of a condo association's records. In addition, it authorizes reasonable attorney's fees and costs to a unit member who prevails in an enforcement action if seeking to examine or copy (1) all contracts to which the association is a party or under which it or the unit owners have obligations and (2) the books and records for the association's current fiscal year and the last 10 fiscal years. It also reduces the time in which an association must make these records available from 30 business days to 10 business days or it will be considered a denial of the request.

It also amends the right to examine and copy the ballot and proxy information and current listing of the names, addresses, email addresses, telephone numbers, and weighted vote of all voting members. A member must have a purpose that relates to the association to exercise this right, and the board may ask for the member to so certify. The member may not seek these records for a "commercial purpose," which is defined as use in any form for sale, resale, or solicitation or advertisement for sales or services.

A member may recover attorney's fees and costs only if a court finds the board of directors acted in bad faith in denying the request. It also makes it discretionary instead of mandatory whether the association must charge for the retrieval or copying of these records.

Effective January 1, 2018.

(Koehler, D-Peoria; Gordon-Booth, D-Peoria) creates the Installment Sales Contract Act. It will require that sales of residential real estate by installment contract conform to the Act and that vendors in installment real estate contracts foreclose using Illinois foreclosure law. "Residential real estate" means real estate with a dwelling structure excluding property that is sold as a part of a tract of land consisting of four acres or more that is zoned for agricultural purposes.

It applies to sellers that enter into an installment sale contract more than three times during a 12-month period to sell residential real estate. Within 10 days of the date of sale the seller must record the contract or a memorandum of the contract with the recorder of deeds. It prohibits the installment sale contract from forbidding the buyer to record the contract or a memorandum of the contract. It makes it a violation of the Consumer Fraud and Deceptive Business Practices Act to knowingly violate the Installment Sales Contract.

Effective January 1, 2018.

(Sims, D-Chicago; Hastings, D-Frankfort) deletes the phrase "forcible entry and detainer" and replaces it with the word "eviction." Also requires the use of a standardized residential eviction form as determined by the Illinois Supreme Court.

Effective January 1, 2018.