The state of Illinois has enacted a new law amending the Illinois Condominium Property Act which will take effect on January 1, 2025. Specifically, the amendment prohibiting Illinois condominium associations from exercising any right of refusal, option to purchase, or right to disapprove the sale of a condominium unit for a discriminatory or other unlawful reason.
At first blush, this added language would seem to be redundant, as Illinois condominium associations are currently prohibited from discriminating against individuals. This new law does go a step further though, and expressly creates a cause of action under the Illinois Condominium Property Act for aggrieved parties to bring against condominium associations directly, stating that “any person aggrieved by a violation of this Section shall have a right of action in a State circuit court against the offending condominium association.While the eventual effects of this newly created cause of action have yet to be seen, it reiterates the need for Illinois condominium associations to reexamine their procedures for determining how it determines when, and how, to exercise any rights it has concerning the sale of units. If your association has questions regarding any of these issues or other legal concerns, do not hesitate to contact Costello Sury & Rooney today at 630.384.8331 or admin@csrlawfirm.com to discuss.
This article is being provided for informational purposes only. This article does not constitute legal advice on the part of Costello Sury & Rooney. or any of its attorneys. No association, board member or any other individual or entity should rely on this article as a basis for any action or actions. If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office.