(765 ILCS 615/55)
(This Section may contain text from a Public Act with a delayed effective date)
(Section scheduled to be repealed on July 1, 2021)
Sec. 55. Registration.
(a) Except as otherwise provided in subsections (d) and (f) of this Section, every association shall register with the Department in a form and manner specified by the Department. A registration shall be valid for 2 years. The initial registration for an association existing on the effective date of this Act is due one year after the effective date of this Act, or at such time as the Department has adopted rules and forms for registration, whichever is later.
(b) Newly created associations required to register with the Department must register no later than 90 days after the association has assumed control of a property.
(c) The Department may issue a certification of registration under this Act to any association that applies to the Department on forms provided by the Department and provides the following:
(1) the business name of the association seeking
registration;
(2) the business address or addresses and contact
information of the association seeking registration;
(3) the name, address, and contact information for
the association's authorized agent or management company and management company representative;
(4) a certification that the applicant has a written
policy for resolving complaints as required by Section 35 of this Act;
(5) the initial date of recording of the
declaration;
(6) the recording number or book and page for the
document that constitutes the declaration; and
(7) a certification that the association will comply
with all other requirements of this Act and rules established for the implementation of this Act.
(d) This Section does not apply to a unit, or the owner thereof, if the unit is a timeshare property subject to the Real Estate Timeshare Act of 1999.
(e) If any of the information submitted under subsection (c) of this Section changes, the association shall provide updated information to the Department no later than 60 days after the change.
(f) A common interest community association is exempt from registration if it is exempt from the Common Interest Community Association Act.
(g) If an association fails to initially register as provided in subsection (a) of this Section or fails to timely renew its registration, the Department may impose a late charge or late fee against the association. If an association fails to properly register within 2 years after the effective date of this Act, or fails to renew its registration on 3 or more occasions, the association is ineligible to impose or enforce a lien for common expenses or to pursue any action or employ any enforcement mechanism otherwise available to it in enforcement of a lien for common expenses until it is validly registered pursuant to this Section. A lien for common expenses previously filed during a period in which the association was registered pursuant to this Section shall not be extinguished by a lapse in the association's registration, nor shall the common expense debt reflected by the lien or court action be deemed invalid, but any pending enforcement proceedings related to the lien shall be suspended and any applicable time limits tolled until the association is again validly registered pursuant to this Section. Nothing contained herein shall be deemed to invalidate any claim for common expenses or other enforcement mechanism, even if the claim arose while the association was not registered.
(Source: P.A. 98-1135, eff. 7-1-16.)
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Last modified: February 18, 2015