Chapter 765 — PROPERTY

(765 ILCS 150/15) Sec. 15. Aesthetic compatibility requirement permitted. A deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose the same aesthetic compatibility requirements…

(765 ILCS 150/20) Sec. 20. Application. This Act applies only to deed restrictions or restrictive covenants that are recorded on or after the effective date of this Act. (Source: P.A. 96-724, eff. 1-1-10.)

(765 ILCS 150/5) Sec. 5. Definitions. As used in this Act: "Industrialized residential structure" means a manufactured housing unit that is intended to contain or contains only one or 2 dwelling units and is constructed in conformance with a model building code published by a mod…

(765 ILCS 155/1) Sec. 1. Short title. This Act may be cited as the Transfer Fee Covenant Act. (Source: P.A. 96-1345, eff. 1-1-11.)

(765 ILCS 155/10) Sec. 10. Definitions. As used in this Act: "Transfer" means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this State. "Transfer fee" means a fee or charge required by a transfer fee co…

(765 ILCS 155/15) Sec. 15. Transfer fee covenant prohibition. A transfer fee covenant recorded in this State on or after the effective date of this Act shall not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent ow…

(765 ILCS 155/5) Sec. 5. Legislative findings. The General Assembly finds and declares that the public policy of this State favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienati…

(765 ILCS 160/1-1) Sec. 1-1. Short title. This Article may be cited as the Common Interest Community Association Act, and references in this Article to "this Act" mean this Article. (Source: P.A. 96-1400, eff. 7-29-10.)

(765 ILCS 160/1-10) Sec. 1-10. Applicability. Unless expressly provided otherwise herein, the provisions of this Act are applicable to all common interest community associations in this State. (Source: P.A. 96-1400, eff. 7-29-10.)

(765 ILCS 160/1-15) Sec. 1-15. Construction, interpretation, and validity of community instruments. (a) Except to the extent otherwise provided by the declaration or other community instruments, the terms defined in Section 1-5 of this Act shall be deemed to have the meaning spec…

(765 ILCS 160/1-20) Sec. 1-20. Amendments to the declaration, bylaws, or operating agreement. (a) The administration of every property shall be governed by the declaration and bylaws or operating agreement, which may either be embodied in the declaration or in a separate instrume…

(765 ILCS 160/1-25) Sec. 1-25. Board of managers, board of directors, duties, elections, and voting. (a) Elections shall be held in accordance with the community instruments, provided that an election shall be held no less frequently than once every 24 months, for the board of ma…

(765 ILCS 160/1-30) Sec. 1-30. Board duties and obligations; records. (a) The board shall meet at least 4 times annually. (b) A common interest community association may not enter into a contract with a current board member, or with a corporation, limited liability company, or pa…

(765 ILCS 160/1-35) Sec. 1-35. Member powers, duties, and obligations. (a) The provisions of this Act, the declaration, bylaws, other community instruments, and rules and regulations that relate to the use of an individual unit or the common areas shall be applicable to any perso…

(765 ILCS 160/1-40) Sec. 1-40. Meetings. (a) Notice of any membership meeting shall be given detailing the time, place, and purpose of such meeting no less than 10 and no more than 30 days prior to the meeting through a prescribed delivery method. (b) Meetings. (1) Twenty percent…

(765 ILCS 160/1-45) Sec. 1-45. Finances. (a) Each member shall receive through a prescribed delivery method, at least 30 days but not more than 60 days prior to the adoption thereof by the board, a copy of the proposed annual budget together with an indication of which portions a…

(765 ILCS 160/1-47) Sec. 1-47. Successor developers. Any assignment of a developer's interest in the property is not effective until the successor: (i) obtains the assignment in writing; and (ii) records the assignment. (Source: P.A. 99-569, eff. 1-1-17.)

(765 ILCS 160/1-5) Sec. 1-5. Definitions. As used in this Act, unless the context otherwise requires: "Acceptable technological means" includes, without limitation, electronic transmission over the Internet or other network, whether by direct connection, intranet, telecopier, ele…

(765 ILCS 160/1-50) Sec. 1-50. Administration of property prior to election of the initial board of directors. (a) Until the election of the initial board whose declaration is recorded on or after the effective date of this Act, the same rights, titles, powers, privileges, trusts…

(765 ILCS 160/1-55) Sec. 1-55. Fidelity insurance. An association with 30 or more units shall obtain and maintain fidelity insurance covering persons who control or disburse funds of the association for the maximum amount of coverage that is commercially available or reasonably r…

(765 ILCS 160/1-60) Sec. 1-60. Errors, omissions, and inconsistencies. (a) If a provision of the community instruments does not conform to this Act or to another applicable law because of an error, omission, or inconsistency in the community instruments of the association, the as…

(765 ILCS 160/1-65) Sec. 1-65. Management company. A management company holding reserve funds of an association shall at all times maintain a separate account for each association, unless by contract the board of managers of the association authorizes a management company to main…

(765 ILCS 160/1-70) Sec. 1-70. Display of American flag or military flag. (a) Notwithstanding any provision in the declaration, bylaws, community instruments, rules, regulations, or agreements or other instruments of a common interest community association or a board's constructi…

(765 ILCS 160/1-71) Sec. 1-71. Heating and cooling standards. (a) When a common interest community building has a cooling system or heating system or both serving the entire building, including individual units, the association shall comply with the following standards with respe…

(765 ILCS 160/1-75) Sec. 1-75. Exemptions for small common interest communities. (a) A common interest community association organized under the General Not for Profit Corporation Act of 1986 and having either (i) 10 units or less or (ii) annual budgeted assessments of $100,000 o…

(765 ILCS 160/1-80) Sec. 1-80. Compliance. A common interest community association shall be in full compliance with the provisions of this Act no later than January 1, 2012. (Source: P.A. 97-605, eff. 8-26-11.)

(765 ILCS 160/1-85) Sec. 1-85. Use of technology. (a) Any notice required to be sent or received or signature, vote, consent, or approval required to be obtained under any community instrument or any provision of this Act may be accomplished using acceptable technological means. …

(765 ILCS 160/1-90) (Section scheduled to be repealed on January 1, 2029) Sec. 1-90. Compliance with the Condominium and Common Interest Community Ombudsperson Act. Every common interest community association, except for those exempt from this Act under Section 1-75, must comply …

(765 ILCS 160/99-5) Sec. 99-5. Effective date. This Act takes effect upon becoming law. (Source: P.A. 96-1400, eff. 7-29-10.)

(765 ILCS 165/1) Sec. 1. Short title. This Act may be cited as the Homeowners' Energy Policy Statement Act. (Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)

(765 ILCS 165/10) Sec. 10. Definitions. In this Act: "Solar energy" means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use. "Solar collector" means: (1) an assembly, structure, or design, including passive el…

(765 ILCS 165/15) Sec. 15. Associations; prohibitions. Notwithstanding any provision of this Act or other provision of law, the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium…

(765 ILCS 165/20) Sec. 20. Deed restrictions; covenants. (a) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting a solar energy system from being installed on a building erected on a lot or parcel c…

(765 ILCS 165/25) Sec. 25. Standards and requirements. A solar energy system shall meet applicable standards and requirements imposed by State and local permitting authorities other than a homeowners' association, common interest community association, or condominium unit owners'…

(765 ILCS 165/30) Sec. 30. Application for approval. (a) Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be made available in hard copy form at a property owner's request or, if the association maintains a web…

(765 ILCS 165/35) Sec. 35. Violations. Any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant for actual damages occasioned thereby and for any other consequential damages. Any entity that complies with the requirements of this A…

(765 ILCS 165/40) Sec. 40. Costs; attorney's fees. In any litigation arising under this Act or involving the application of this Act, the prevailing party shall be entitled to costs and reasonable attorney's fees. (Source: P.A. 103-296, eff. 7-28-23.)

(765 ILCS 165/45) Sec. 45. Inapplicability. This Act shall not apply to any building that: (1) is greater than 60 feet in height; or (2) has a shared roof and is subject to a homeowners' association, common interest community association, condominium unit owners' association. As …

(765 ILCS 165/5) Sec. 5. Legislative intent. The legislative intent in enacting this Act is to protect the public health, safety, and welfare by encouraging the development and use of solar energy systems in order to conserve and protect the value of land, buildings, and resource…

(765 ILCS 167/1) Sec. 1. Short title. This Act may be cited as the Homeowners' Native Landscaping Act. (Source: P.A. 103-704, eff. 7-19-24.)

(765 ILCS 167/10) Sec. 10. No prohibition on native landscapes. (a) An Association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident's or owner's lawn so long as the area is maintained predominantly free of weeds, invasive s…

(765 ILCS 167/5) Sec. 5. Definitions. As used in this Act unless the context otherwise requires: "Illinois native species" means trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants growing in the State of Illinois before European settlement or as otherw…

(765 ILCS 167/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 103-704, eff. 7-19-24.)

(765 ILCS 170/10-100) Sec. 10-100. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-105) Sec. 10-105. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-110) Sec. 10-110. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-115) Sec. 10-115. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-120) Sec. 10-120. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-15) Sec. 10-15. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)

(765 ILCS 170/10-20) Sec. 10-20. (Amendatory provisions; text omitted). (Source: P.A. 98-749, eff. 7-16-14; text omitted.)