Bill Text: IL HB4670 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Common Interest Community Association Act. Includes within the Act's coverage a "property owners' association". Provides that a property owners' association means any association, organized group of property owners, corporation, not-for-profit corporation, or other entity that is identified in a declaration, or other documents recorded by a developer in which (1) the entity owns property in the development over which unit owners possess an easement; and (2) the entity is provided the power to impose regulations on easement holders regarding the use of the property burdened with the easements. Provides that if these conditions are met, unit owners who possess easements rights have an obligation to pay for the maintenance, improvement, insurance premiums, or real estate taxes of the property burdened by their easements, unless the declaration or other documents recorded by the developer expressly state otherwise. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-02-03 - Referred to Rules Committee [HB4670 Detail]

Download: Illinois-2025-HB4670-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4670 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
765 ILCS 160/1-5
765 ILCS 160/1-95 new
Amends the Common Interest Community Association Act. Includes within the Act's coverage a "property owners' association". Provides that a property owners' association means any association, organized group of property owners, corporation, not-for-profit corporation, or other entity that is identified in a declaration, or other documents recorded by a developer in which (1) the entity owns property in the development over which unit owners possess an easement; and (2) the entity is provided the power to impose regulations on easement holders regarding the use of the property burdened with the easements. Provides that if these conditions are met, unit owners who possess easements rights have an obligation to pay for the maintenance, improvement, insurance premiums, or real estate taxes of the property burdened by their easements, unless the declaration or other documents recorded by the developer expressly state otherwise. Effective immediately.
LRB104 19418 JRC 32866 b
A BILL FOR
HB4670 LRB104 19418 JRC 32866 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Common Interest Community Association Act
is amended by changing Section 1-5 and adding Section 1-95 as
follows:
(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,
electronic mail, and any generally available technology that,
by rule of the association, is deemed to provide reasonable
security, reliability, identification, and verifiability.
"Association" or "common interest community association"
means the association of all the members of a common interest
community, acting pursuant to bylaws or an operating agreement
through its duly elected board of managers or board of
directors. "Common interest community association" includes a
property owners' association.
"Board" means a common interest community association's
board of managers or board of directors, whichever is

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applicable.
"Board member" or "member of the board" means a member of
the board of managers or the board of directors, whichever is
applicable.
"Board of directors" means, for a common interest
community that has been incorporated as an Illinois
not-for-profit corporation, the group of people elected by the
members of a common interest community as the governing body
to exercise for the members of the common interest community
association all powers, duties, and authority vested in the
board of directors under this Act and the common interest
community association's declaration and bylaws.
"Board of managers" means, for a common interest community
that is an unincorporated association or organized as a
limited liability company, the group of people elected by the
members of a common interest community as the governing body
to exercise for the members of the common interest community
association all powers, duties, and authority vested in the
board of managers under this Act and the common interest
community association's declaration, bylaws, or operating
agreement.
"Building" means all structures, attached or unattached,
containing one or more units.
"Common areas" means the portion of the property other
than a unit, including property owned by a property owner's
association over which unit owners possess an easement or

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other legal right of access.
"Common expenses" means the proposed or actual expenses
affecting the property, including reserves, if any, lawfully
assessed by the common interest community association.
"Common interest community" means real estate other than a
condominium or cooperative with respect to which any person by
virtue of his or her ownership of a partial interest or a unit
therein is obligated to pay for the maintenance, improvement,
insurance premiums or real estate taxes of common areas
described in a declaration which is administered by an
association or property owners' association. "Common interest
community" may include, but not be limited to, an attached or
detached townhome, villa, or single-family home. A "common
interest community" does not include a master association.
"Community instruments" means all documents and authorized
amendments thereto recorded by a developer or common interest
community association, including, but not limited to, the
declaration, bylaws, operating agreement, plat of survey, and
rules and regulations.
"Declaration" means any duly recorded instruments, however
designated, that have created a common interest community and
any duly recorded amendments to those instruments.
"Developer" means any person who submits property legally
or equitably owned in fee simple by the person to the
provisions of this Act, or any person who offers units legally
or equitably owned in fee simple by the person for sale in the

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ordinary course of such person's business, including any
successor to such person's entire interest in the property
other than the purchaser of an individual unit.
"Developer control" means such control at a time prior to
the election of the board of the common interest community
association by a majority of the members other than the
developer.
"Electronic transmission" means any form of communication,
not directly involving the physical transmission of paper,
that creates a record that may be retained, retrieved, and
reviewed by a recipient and that may be directly reproduced in
paper form by the recipient through an automated process.
"Majority" or "majority of the members" means the owners
of more than 50% in the aggregate in interest of the undivided
ownership of the common elements. Any specified percentage of
the members means such percentage in the aggregate in interest
of such undivided ownership. "Majority" or "majority of the
members of the board of the common interest community
association" means more than 50% of the total number of
persons constituting such board pursuant to the bylaws or
operating agreement. Any specified percentage of the members
of the common interest community association means that
percentage of the total number of persons constituting such
board pursuant to the bylaws or operating agreement.
"Management company" or "community association manager"
means a person, partnership, corporation, or other legal

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entity entitled to transact business on behalf of others,
acting on behalf of or as an agent for an association for the
purpose of carrying out the duties, responsibilities, and
other obligations necessary for the day to day operation and
management of any property subject to this Act.
"Meeting of the board" or "board meeting" means any
gathering of a quorum of the members of the board of the common
interest community association held for the purpose of
conducting board business.
"Member" means the person or entity designated as an owner
and entitled to one vote as defined by the community
instruments. The terms "member" and "unit owner" may be used
interchangeably as defined by the community instruments,
except in situations in which a matter of legal title to the
unit is involved or at issue, in which case the term "unit
owner" would be the applicable term used.
"Membership" means the collective group of members
entitled to vote as defined by the community instruments.
"Parcel" means the lot or lots or tract or tracts of land
described in the declaration as part of a common interest
community.
"Person" means a natural individual, corporation,
partnership, trustee, or other legal entity capable of holding
title to real property.
"Plat" means a plat or plats of survey of the parcel and of
all units in the common interest community, which may consist

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of a three-dimensional horizontal and vertical delineation of
all such units, structures, easements, and common areas on the
property.
"Prescribed delivery method" means mailing, delivering,
posting in an association publication that is routinely mailed
to all members, electronic transmission, or any other delivery
method that is approved in writing by the member and
authorized by the community instruments.
"Property" means all the land, property, and space
comprising the parcel, all improvements and structures
erected, constructed or contained therein or thereon,
including any building and all easements, rights, and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit, or enjoyment
of the members, under the authority or control of a common
interest community association.
"Property owners' association" means any association,
organized group of property owners, corporation,
not-for-profit corporation, or other entity that is identified
in a declaration, or other documents recorded by a developer,
which satisfies the following criteria:
(1) the entity owns property in the development over
which unit owners possess an easement; and
(2) the entity is provided the power to impose
regulations on easement holders regarding the use of the
property burdened with the easements.

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"Purchaser" means any person or persons, other than the
developer, who purchase a unit in a bona fide transaction for
value.
"Record" means to record in the office of the recorder of
the county wherein the property is located.
"Reserves" means those sums paid by members which are
separately maintained by the common interest community
association for purposes specified by the declaration and
bylaws of the common interest community association.
"Unit" means a part of the property designed and intended
for any type of independent use.
"Unit owner" means the person or persons whose estates or
interests, individually or collectively, aggregate fee simple
absolute ownership of a unit.
(Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15;
99-612, eff. 1-1-17.)
(765 ILCS 160/1-95 new)
Sec. 1-95. Property owners' association; easements. Unit
owners who possess easements rights have an obligation to pay
for the maintenance, improvement, insurance premiums or real
estate taxes of the property burdened by their easements,
unless the declaration or other documents recorded by the
developer expressly state otherwise.
Section 99. Effective date. This Act takes effect upon
becoming law.