COMMON INTEREST ASSOCIATION

Illinois General Assembly - Full Text of HB4670

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB4670

Home

Legislation

Full Text

HB4670 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4670

Introduced 2/3/2026, 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
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Common Interest Community Association Act
5
is amended by changing Section 1-5 and adding Section 1-95 as
6
follows:

7

(765 ILCS 160/1-5)
8

Sec. 1-5.
Definitions.
As used in this Act, unless the
9
context otherwise requires:
10

"Acceptable technological means" includes, without
11
limitation, electronic transmission over the Internet or other
12
network, whether by direct connection, intranet, telecopier,
13
electronic mail, and any generally available technology that,
14
by rule of the association, is deemed to provide reasonable
15
security, reliability, identification, and verifiability.
16

"Association" or "common interest community association"
17
means the association of all the members of a common interest
18
community, acting pursuant to bylaws or an operating agreement
19
through its duly elected board of managers or board of
20
directors.
"Common interest community association" includes a
21
property owners' association.

22

"Board" means a common interest community association's
23
board of managers or board of directors, whichever is

HB4670
- 2 -
LRB104 19418 JRC 32866 b
1
applicable.
2

"Board member" or "member of the board" means a member of
3
the board of managers or the board of directors, whichever is
4
applicable.
5

"Board of directors" means, for a common interest
6
community that has been incorporated as an Illinois
7
not-for-profit corporation, the group of people elected by the
8
members of a common interest community as the governing body
9
to exercise for the members of the common interest community
10
association all powers, duties, and authority vested in the
11
board of directors under this Act and the common interest
12
community association's declaration and bylaws.
13

"Board of managers" means, for a common interest community
14
that is an unincorporated association or organized as a
15
limited liability company, the group of people elected by the
16
members of a common interest community as the governing body
17
to exercise for the members of the common interest community
18
association all powers, duties, and authority vested in the
19
board of managers under this Act and the common interest
20
community association's declaration, bylaws, or operating
21
agreement.
22

"Building" means all structures, attached or unattached,
23
containing one or more units.
24

"Common areas" means the portion of the property other
25
than a unit
, including property owned by a property owner's
26
association over which unit owners possess an easement or

HB4670
- 3 -
LRB104 19418 JRC 32866 b
1
other legal right of access
.
2

"Common expenses" means the proposed or actual expenses
3
affecting the property, including reserves, if any, lawfully
4
assessed by the common interest community association.
5

"Common interest community" means real estate other than a
6
condominium or cooperative with respect to which any person by
7
virtue of his or her ownership of a partial interest or a unit
8
therein is obligated to pay for the maintenance, improvement,
9
insurance premiums or real estate taxes of common areas
10
described in a declaration which is administered by an
11
association
or property owners' association
. "Common interest
12
community" may include, but not be limited to, an attached or
13
detached townhome, villa, or single-family home. A "common
14
interest community" does not include a master association.
15

"Community instruments" means all documents and authorized
16
amendments thereto recorded by a developer or common interest
17
community association, including, but not limited to, the
18
declaration, bylaws, operating agreement, plat of survey, and
19
rules and regulations.
20

"Declaration" means any duly recorded instruments, however
21
designated, that have created a common interest community and
22
any duly recorded amendments to those instruments.
23

"Developer" means any person who submits property legally
24
or equitably owned in fee simple by the person to the
25
provisions of this Act, or any person who offers units legally
26
or equitably owned in fee simple by the person for sale in the

HB4670
- 4 -
LRB104 19418 JRC 32866 b
1
ordinary course of such person's business, including any
2
successor to such person's entire interest in the property
3
other than the purchaser of an individual unit.
4

"Developer control" means such control at a time prior to
5
the election of the board of the common interest community
6
association by a majority of the members other than the
7
developer.
8

"Electronic transmission" means any form of communication,
9
not directly involving the physical transmission of paper,
10
that creates a record that may be retained, retrieved, and
11
reviewed by a recipient and that may be directly reproduced in
12
paper form by the recipient through an automated process.
13

"Majority" or "majority of the members" means the owners
14
of more than 50% in the aggregate in interest of the undivided
15
ownership of the common elements. Any specified percentage of
16
the members means such percentage in the aggregate in interest
17
of such undivided ownership. "Majority" or "majority of the
18
members of the board of the common interest community
19
association" means more than 50% of the total number of
20
persons constituting such board pursuant to the bylaws or
21
operating agreement. Any specified percentage of the members
22
of the common interest community association means that
23
percentage of the total number of persons constituting such
24
board pursuant to the bylaws or operating agreement.
25

"Management company" or "community association manager"
26
means a person, partnership, corporation, or other legal

HB4670
- 5 -
LRB104 19418 JRC 32866 b
1
entity entitled to transact business on behalf of others,
2
acting on behalf of or as an agent for an association for the
3
purpose of carrying out the duties, responsibilities, and
4
other obligations necessary for the day to day operation and
5
management of any property subject to this Act.
6

"Meeting of the board" or "board meeting" means any
7
gathering of a quorum of the members of the board of the common
8
interest community association held for the purpose of
9
conducting board business.
10

"Member" means the person or entity designated as an owner
11
and entitled to one vote as defined by the community
12
instruments. The terms "member" and "unit owner" may be used
13
interchangeably as defined by the community instruments,
14
except in situations in which a matter of legal title to the
15
unit is involved or at issue, in which case the term "unit
16
owner" would be the applicable term used.
17

"Membership" means the collective group of members
18
entitled to vote as defined by the community instruments.
19

"Parcel" means the lot or lots or tract or tracts of land
20
described in the declaration as part of a common interest
21
community.
22

"Person" means a natural individual, corporation,
23
partnership, trustee, or other legal entity capable of holding
24
title to real property.
25

"Plat" means a plat or plats of survey of the parcel and of
26
all units in the common interest community, which may consist

HB4670
- 6 -
LRB104 19418 JRC 32866 b
1
of a three-dimensional horizontal and vertical delineation of
2
all such units, structures, easements, and common areas on the
3
property.
4

"Prescribed delivery method" means mailing, delivering,
5
posting in an association publication that is routinely mailed
6
to all members, electronic transmission, or any other delivery
7
method that is approved in writing by the member and
8
authorized by the community instruments.
9

"Property" means all the land, property, and space
10
comprising the parcel, all improvements and structures
11
erected, constructed or contained therein or thereon,
12
including any building and all easements, rights, and
13
appurtenances belonging thereto, and all fixtures and
14
equipment intended for the mutual use, benefit, or enjoyment
15
of the members, under the authority or control of a common
16
interest community association.
17

"Property owners' association" means any association,
18
organized group of property owners, corporation,
19
not-for-profit corporation, or other entity that is identified
20
in a declaration, or other documents recorded by a developer,
21
which satisfies the following criteria:
22

(1) the entity owns property in the development over
23

which unit owners possess an easement; and
24

(2) the entity is provided the power to impose
25

regulations on easement holders regarding the use of the
26

property burdened with the easements.

HB4670
- 7 -
LRB104 19418 JRC 32866 b
1

"Purchaser" means any person or persons, other than the
2
developer, who purchase a unit in a bona fide transaction for
3
value.
4

"Record" means to record in the office of the recorder of
5
the county wherein the property is located.
6

"Reserves" means those sums paid by members which are
7
separately maintained by the common interest community
8
association for purposes specified by the declaration and
9
bylaws of the common interest community association.
10

"Unit" means a part of the property designed and intended
11
for any type of independent use.
12

"Unit owner" means the person or persons whose estates or
13
interests, individually or collectively, aggregate fee simple
14
absolute ownership of a unit.
15
(Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15;
16
99-612, eff. 1-1-17
.)

17

(765 ILCS 160/1-95 new)
18

Sec. 1-95.
Property owners' association; easements.
Unit
19
owners who possess easements rights have an obligation to pay
20
for the maintenance, improvement, insurance premiums or real
21
estate taxes of the property burdened by their easements,
22
unless the declaration or other documents recorded by the
23
developer expressly state otherwise.

24

Section 99.
Effective date.
This Act takes effect upon
25
becoming law.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn