Illinois condo resale disclosure (Section 22.1)

The Section 22.1 package is a financial x-ray of the association. Beyond the governing documents, it has to spell out any liens and unpaid assessments on the unit, the capital expenditures the board expects in the current and next two fiscal years, the reserve fund status and amount, the most recent financial statement, any pending suits or judgments, and the insurance coverage. Read together, those items tell you whether a special assessment is likely and whether the association is financially healthy.

The board has 10 business days to deliver the package after a written request, and the fee is limited: no more than $375, indexed annually for inflation, plus up to $100 for 72-hour rush service. A board that charges more than the cap, or drags the timeline past 10 business days, is not following the statute.

When the package arrives, focus on:

• The statement of liens and unpaid assessments on the unit you are buying.
• Anticipated capital expenditures for the current and next two fiscal years.
• The reserve fund balance against those upcoming expenditures.
• Any pending lawsuits or judgments, and the insurance coverage statement.

The 22.1 package is where a looming special assessment or a thin reserve shows up before you are committed. It is the document a careful buyer reads line by line, because Illinois does not cap assessment increases and the reserves are the early warning.

An HOA Notes brief reads the 22.1 package end to end, flags a thin reserve, an anticipated capital expenditure, or a pending lawsuit, and cites the page behind each finding so you know the financial picture before you close.

765 ILCS 605/22.1 (Resale disclosure fee cap (condos only)). Upon resale of a condominium unit, the seller may request a disclosure package from the board; the board must provide it within 10 business days of a written request; the fee charged may not exceed $375 (annually indexed to CPI-U); a $100 additional fee is permitted for 72-hour rush service; the package must include: declaration and bylaws, statement of any liens and unpaid assessments, anticipated capital expenditures within 2 fiscal years, reserve fund status, prior year financial statement, pending suits or judgments, and insurance coverage statement; no statutory right of first refusal or purchaser disapproval is permitted on the basis of FHA financing or for any discriminatory purpose. The association may charge up to the $375 CPI-indexed statutory cap for a standard disclosure package and up to $100 additional for 72-hour rush service; it may adjust the $375 cap annually for CPI changes; this obligation applies only to condominium associations under the CPA -- CICAA associations have no equivalent statutory resale disclosure obligation.

When you read the disclosure packet, watch for resale disclosure fees exceeding $375, the board shall have 30 or more business days to provide the resale disclosure package, and the board may disapprove any prospective purchaser at its sole discretion. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.