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IllinoisHB1575104th General Assembly (2025–2026)HouseWALLET

RESTRICT COVENANT MODIFY FEE

Sponsored By: Marcus C. Evans, Jr. (Democratic)

Became Law

counties & townshipsassignmentsjudiciary

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Boards must act; owners can enforce

Beginning January 1, 2022, when you send a written request, the board must investigate within 90 days. If the covenant is unlawful, the board must execute and file the modification. If the board fails or refuses, you can sue to force action. If you win, you can recover reasonable attorney fees and costs from the association or cooperative. After recording, the board must send written notice and a copy to all owners within 21 days.

Prosecutor review and recording rules

Beginning January 1, 2022, when a modification is filed, the county recorder sends it and the original to the State’s Attorney. Within 30 days, the State’s Attorney decides if the original has unlawful language and if the strike‑through is correct, and issues a written decision. The recorder cannot record the change unless approved; if unlawful text remains, the recorder records it exactly as directed. The recorded change is indexed like the original, and its terms take effect as of the same date as the original document. Once recorded, those terms are the only restrictions from that original that apply, except later valid covenants. If someone files unauthorized changes, only that filer is liable, not the recorder or county.

Only $10 to file; copies free

Beginning January 1, 2022, you pay no more than $10 to file a restrictive covenant modification. The recorder cannot charge for copies needed to file. This lowers your out‑of‑pocket costs.

How owners and HOAs remove illegal covenants

Beginning January 1, 2022, you can file to remove an unlawful restrictive covenant if you own the property or are a qualifying association. For parcels inside an HOA, condo, co‑op, or master association, only the board may file by majority vote, and no owner or member approval is needed. Your filing must attach the full original document with the unlawful words crossed out and a petition. If the owner files, the owner signs; if an association files, include a certificate that a board majority approved. The petition must list the property index number or parcel ID. The recorder or State’s Attorney may ask for more information to process the filing.

Sponsors & Cosponsors

Sponsor

  • Marcus C. Evans, Jr.

    Democratic • House

Cosponsors

  • Aarón M. Ortíz

    Democratic • House

  • Amy Briel

    Democratic • House

  • Camille Y. Lilly

    Democratic • House

  • Carol Ammons

    Democratic • House

  • Diane Blair-Sherlock

    Democratic • House

  • Hoan Huynh

    Democratic • House

  • Kevin John Olickal

    Democratic • House

  • Laura Faver Dias

    Democratic • House

  • Mary Beth Canty

    Democratic • House

  • Michael Crawford

    Democratic • House

  • Napoleon Harris, III

    Democratic • Senate

  • Robyn Gabel

    Democratic • House

  • Suzanne M. Ness

    Democratic • House

  • Will Guzzardi

    Democratic • House

  • Willie Preston

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 177 • No: 1

Senate vote • 5/22/2025

Third Reading - Passed;

Yes: 55 • No: 1

Senate vote • 5/1/2025

Do Pass Judiciary;

Yes: 7 • No: 0

House vote • 4/7/2025

Third Reading - Short Debate - Passed

Yes: 105 • No: 0

House vote • 3/13/2025

Do Pass / Short Debate Counties & Townships Committee;

Yes: 10 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0187

    8/15/2025House

  2. Effective Date January 1, 2026

    8/15/2025House

  3. Governor Approved

    8/15/2025House

  4. Sent to the Governor

    6/20/2025House

  5. Passed Both Houses

    5/22/2025House

  6. Third Reading - Passed; 055-001-000

    5/22/2025Senate

  7. Placed on Calendar Order of 3rd Reading **

    5/20/2025Senate

  8. Placed on Calendar Order of 3rd Reading May 13, 2025

    5/8/2025Senate

  9. Second Reading

    5/8/2025Senate

  10. Added as Alternate Co-Sponsor Sen. Napoleon Harris, III

    5/7/2025Senate

  11. Placed on Calendar Order of 2nd Reading May 6, 2025

    5/1/2025Senate

  12. Do Pass Judiciary; 007-000-000

    5/1/2025Senate

  13. Assigned to Judiciary

    4/23/2025Senate

  14. Added Co-Sponsor Rep. Hoan Huynh

    4/14/2025House

  15. Added Co-Sponsor Rep. Camille Y. Lilly

    4/9/2025House

  16. Referred to Assignments

    4/8/2025Senate

  17. First Reading

    4/8/2025Senate

  18. Chief Senate Sponsor Sen. Willie Preston

    4/8/2025Senate

  19. Placed on Calendar Order of First Reading

    4/8/2025Senate

  20. Arrive in Senate

    4/8/2025Senate

  21. Added Co-Sponsor Rep. Amy Briel

    4/7/2025House

  22. Added Co-Sponsor Rep. Robyn Gabel

    4/7/2025House

  23. Added Co-Sponsor Rep. Kevin John Olickal

    4/7/2025House

  24. Added Co-Sponsor Rep. Mary Beth Canty

    4/7/2025House

  25. Added Co-Sponsor Rep. Laura Faver Dias

    4/7/2025House

Bill Text

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