Illinois Title Teams: Condominium Act and Common Interest Community Act Resale Disclosure

Resale disclosure in Illinois runs on a two-track system. Condominiums are governed by Section 22.1 of the Condominium Property Act, which requires the board of managers to furnish nine categories of information within 10 business days of a written request. Common interest community associations — townhome HOAs, lot-based HOAs, and other non-condominium communities — operate under Section 1-35 of the Common Interest Community Association Act, which allows 30 days and caps fees only at the association's direct out-of-pocket cost. Both packages exist to protect buyers from hidden assessments, pending special assessments, and undisclosed capital expenditures. For title teams, the practical risk is not the statute itself; it is treating every HOA-governed property the same. Confirm the community type at intake, calendar the correct deadline, and verify the fee against the correct cap before the invoice lands on the closing disclosure.

Illinois Resale Disclosure Law: Two Statutes, One Checklist

Illinois does not have a single resale disclosure statute. It has two, and which one applies depends entirely on how the property is held. The Illinois Condominium Property Act, codified at 765 ILCS 605, governs condominium associations. The Common Interest Community Association Act (CICAA), codified at 765 ILCS 160, governs every other common interest community — townhome associations, detached-home HOAs, and master associations that do not qualify as condominiums.

For title teams, the first gate on every Illinois HOA file is confirming which regime applies. A property in a Chicago high-rise is almost certainly a condominium governed by 765 ILCS 605. A townhome in Naperville or a single-family subdivision in Lake County is likely a common interest community governed by 765 ILCS 160. The distinction drives three things:

• The deadline. Condos run on a 10-business-day clock under 22.1(b); HOAs run on a 30-day clock under 1-35.
• The fee rules. Condos are capped at $375 plus a $100 rush fee; HOAs are limited to a reasonable direct out-of-pocket charge with no fixed dollar cap.
• The package contents. The two statutory lists overlap but are not identical, and condo packages must include reserve status and an alterations-compliance statement that HOA packages do not.

One more boundary matters. Both statutes apply to resales by unit owners, not to first sales from a developer. Developer sales of condominium units are governed by Section 22.2 of the Condominium Property Act, which imposes a heavier disclosure burden — projected operating budgets, management contracts, engineering reports, and warranty documents. If a file involves a unit being sold for the first time out of a development, route it to the 22.2 track and order accordingly. For the full landscape of Illinois disclosure law, see our guide to Illinois HOA document requirements.

The 22.1 Package: What Condo Boards Must Deliver

Section 22.1 of the Condominium Property Act requires the seller of a resale unit to obtain from the board of managers, and make available to the prospective purchaser on demand, a package of nine enumerated items. The board furnishes the package; the seller handles delivery to the buyer. Title teams should treat the nine items as a non-negotiable intake checklist:

1. Governing instruments. A copy of the declaration, bylaws, other condominium instruments, and any rules and regulations (22.1(a)(1)).
2. Liens and the unit account. A statement of any liens, including a statement of the unit's account showing unpaid assessments and other charges due and owing, as authorized by Section 9 of the Act (22.1(a)(2)).
3. Anticipated capital expenditures. A statement of capital expenditures anticipated by the association within the current or succeeding two fiscal years (22.1(a)(3)).
4. Reserve status. A statement of the status and amount of any reserve for replacement fund, including any portion earmarked for a specified project by the board (22.1(a)(4)).
5. Financial statement. A copy of the association's statement of financial condition for the last fiscal year for which one is available (22.1(a)(5)).
6. Litigation. A statement of the status of any pending suits or judgments in which the association is a party (22.1(a)(6)).
7. Insurance. A statement of the insurance coverage provided for all unit owners by the association (22.1(a)(7)).
8. Alterations compliance. A statement that improvements or alterations made to the unit or its limited common elements by the prior owner are in good faith believed to comply with the condominium instruments (22.1(a)(8)).
9. Contact information. The identity and mailing address of the principal officer of the association or the officer or agent designated to receive notices (22.1(a)(9)).

Under 22.1(b), the principal officer or designated officer must furnish this information within 10 business days of a written request. This is a 2023 change: Public Act 102-976, effective January 1, 2023, shortened the response window from 30 days to 10 business days. Many management company portals and form contracts still reference the old 30-day language, so the deadline on the file should be set by the statute, not by an outdated form.

The written-request trigger matters too. An oral request or a passing email does not start the clock; the board's obligation is triggered by a written request. Title teams should confirm the request date in writing at order placement and keep the confirmation in the file.

CICAA Section 1-35: HOA Disclosures Within 30 Days

For non-condominium common interest communities, CICAA Section 1-35 (765 ILCS 160/1-35) creates a parallel disclosure obligation with a slower clock. The principal officer of the board or another designated officer must furnish the following information within 30 days after receiving a written request:

• Community instruments. A copy of the declaration, bylaws, and other community instruments, plus any rules and regulations.
• Liens and unpaid assessments. A statement of any liens, including a statement of the account of the lot or unit setting forth unpaid assessments and other charges due and owing.
• Capital expenditures. A statement of any capital expenditures anticipated by the association within the current or succeeding two fiscal years.
• Financial statement. A copy of the association's statement of financial condition for the last fiscal year for which one is available.
• Litigation. A statement of the status of any pending suits or judgments in which the association is a party.
• Insurance. A statement of the insurance coverage provided for all members or unit owners by the association for common properties.

The CICAA list mirrors the condo list but omits the reserve-fund statement and the alterations-compliance statement, and it applies a reasonable fee covering the direct out-of-pocket cost of copying and providing the information — with no fixed dollar ceiling. In practice, that means a townhome HOA can legally charge less or more than the $375 condo cap depending on its actual costs, which creates invoice variance that title teams must evaluate case by case.

Self-managed associations are common in smaller Illinois common interest communities, especially in the collar counties. Volunteer boards respond more slowly, often lack standardized disclosure forms, and may deliver informal summaries that omit required items. Title teams should build extra lead time into self-managed HOA files and insist on the full statutory package rather than an abbreviated status letter.

Deadlines and Fee Caps: 10 Business Days vs. 30 Days

The differences between the two tracks are easiest to see side by side. Use this table on every Illinois file to confirm you are operating under the correct regime:

On the condo side, the fee structure is a bright line. Section 22.1(c) caps the disclosure fee at $375, adjusted each year by the consumer price index, and permits an additional $100 for rush service completed within 72 hours of the request. A fee above the combined $475 ceiling is not enforceable, and recent Illinois case law has reinforced the cap: in Greenswag v. Lieberman Management Services (2025 IL App (1st) 240289-U), the First District affirmed dismissal of a seller's consumer fraud claim over a $445 fee precisely because it fell below the $475 combined maximum.

Title teams should verify every Illinois invoice against the correct ceiling — $375 plus any legitimate $100 rush charge for condos, and a defensible direct-cost basis for HOAs. For more on how fees vary by state, see our state-by-state HOA document fee guide.

Late or Incomplete Disclosures: Remedies and Risk

Illinois is not a rescission state. Unlike Texas, Virginia, or North Carolina, neither 22.1 nor 1-35 gives a buyer a statutory window to cancel the contract after receiving disclosures. That does not mean late or incomplete disclosures are harmless — it changes where the risk lands.

• No statutory fee forfeiture. Illinois does not strip the association's right to charge a fee when delivery is late, as some states do. The fee question is governed by the caps, not the clock.
• Buyer remedies run through the courts. Illinois appellate courts have long recognized that a purchaser may seek relief for materially deficient disclosure — including rescission in extreme cases — even though Section 22.1 itself is silent on remedies. Cases such as Mikulecky v. Bachtold and the more recent Channon v. Westward Management, Inc. (2022 IL 128040) shape the boundary: the Supreme Court held in Channon that Section 22.1 creates no private right of action for sellers challenging fees, while purchasers retain the implied remedy for material non-disclosure.
• Undisclosed special assessments are the biggest exposure. A 22.1 package that omits an approved capital expenditure or a pending special assessment can leave a buyer on the hook for thousands of dollars, and the association's financials are often where the omission hides. Review the budget, reserve statement, and capital expenditure disclosures together before funding. For more on this risk, see our post on special assessments and closing risk.
• Delays still cost closings. Even with no statutory penalty, a board that misses the 10-business-day window pushes the buyer's review, the lender's underwriting, and the closing date. On a tight Chicago condo file, a week of slippage can force a rescheduling.

Document every request, every follow-up, and every delivery confirmation. If a buyer later claims deficient disclosure, the request chain is your first line of defense.

Chicago-Specific Issues Title Teams Face

Chicago is the largest condominium market in the state and one of the most active in the country, and it layers unique obligations on top of the statutory disclosure package. Title teams working Cook County files should check for these overlays.

FISP Facade Inspections

Chicago's Facade Inspection and Safety Program (FISP) requires periodic facade inspections of buildings 80 feet and taller, on a 4-, 8-, or 12-year cycle depending on building condition and inspection results. Since 2023, the city has also expanded balcony inspection requirements for condominiums five stories and above. A building with open FISP violations or outstanding repair orders can carry a looming special assessment. The most recent FISP status report should be part of the diligence on every high-rise file, even though it is not one of the nine statutory items.

Deconversion Exposure

Illinois is the country's most active condominium deconversion market. Under Section 15 of the Condominium Property Act (765 ILCS 605/15), a condominium can be sold as a whole when 75% of unit owners approve (or a higher percentage if the declaration requires it), and minority owners can be forced to sell at the deconversion price. Deconversion is a structural feature of Illinois condo law that buyers, lenders, and title teams must evaluate in the context of the association's finances and recent sale activity. A disclosure package that reveals heavy investor ownership, weak reserves, or a pending bulk-sale proposal deserves escalation.

Master Associations

Many Chicago-area properties sit inside a condominium that is also a member of a master association under 765 ILCS 605/18.5, which carries its own disclosure obligations on resale, including its own declaration, rules, and account statements. If a file has a master association layer, order a separate disclosure set from each level. The buyer needs both packages, and lenders often condition approval on the master association's financials.

The Ombudsperson

Illinois maintains a Condominium and Common Interest Community Ombudsperson within the Department of Financial and Professional Regulation (IDFPR), extended through 2029. The ombudsperson's office fields owner complaints and can act as a pressure point when an association is unresponsive to a resale disclosure request — a useful escalation lever for title teams whose requests are being ignored. For metro-specific guidance, see our Chicago HOA document guide.

How Illinois Title Teams Verify Compliance

Compliance verification on Illinois files is a repeatable sequence. Build it into intake so the right track is identified before the request goes out:

• Confirm the property type at intake. Check the declaration recorded against the property to determine whether it is a condominium (765 ILCS 605) or a common interest community (765 ILCS 160). Do not rely on the address, the listing, or what the agent calls it.
• Route the request to the right party. The board's designated officer or the management company acting as the association's agent. Copy the association on the written request and confirm receipt in writing.
• Calendar the correct deadline. 10 business days for condos, 30 days for HOAs, counted from written receipt. Add buffer for peak season and self-managed associations.
• Check the package against the statutory list. Nine items for condos; the six core items for HOAs. Flag missing items before underwriting reviews the file.
• Verify the fee against the cap. $375 plus a legitimate $100 rush charge for condos; documented direct costs for HOAs. Dispute excess charges before funding.
• Review for red flags. Weak reserves, pending capital expenditures, litigation, and special assessments all warrant attention. Escalate any material concern to the buyer and lender promptly.
• Confirm the developer-sale exception. If the seller is the developer or the unit has never been resold, route to the 22.2 track instead.

For a broader understanding of how resale disclosure packages work across the country, see our national guide to HOA disclosure requirements by state.

Illinois Resale Disclosure Checklist for Title Teams

Use this checklist on every Illinois condo or HOA file to confirm the disclosure package is complete before closing.

Frequently Asked Questions

What is the deadline for an Illinois condominium resale disclosure?

Under 765 ILCS 605/22.1(b), the board of managers must furnish the disclosure package within 10 business days of receiving a written request from the unit owner. Public Act 102-976 shortened the window from 30 days to 10 business days effective January 1, 2023.

What is the deadline for an Illinois HOA resale disclosure?

Under 765 ILCS 160/1-35 of the Common Interest Community Association Act, a common interest community association must furnish the required information within 30 days after receiving a written request. Townhome and lot-based HOAs run on this 30-day track, not the 10-business-day condo track.

How much can an Illinois condo association charge for a 22.1 package?

765 ILCS 605/22.1(c) caps the fee at $375, adjusted annually by the consumer price index, plus an additional $100 for rush service completed within 72 hours of the request. The total combined maximum is $475 before CPI adjustment.

Can an Illinois HOA charge a fee for its resale disclosure?

Yes, but under 765 ILCS 160/1-35 the fee is limited to a reasonable amount covering the direct out-of-pocket cost of copying and providing the information. CICAA does not impose the fixed $375 cap that applies to condominiums under Section 22.1.

Who is responsible for providing Illinois resale disclosures?

The seller must obtain the disclosure package from the board of managers and make it available to the prospective purchaser on demand. The board or its designated officer is statutorily required to furnish the information within the applicable deadline once a written request is received.

What happens if Illinois resale disclosures are late or incomplete?

Illinois law provides no statutory rescission period, but courts recognize a purchaser's remedy for materially deficient disclosure, and delays still push closing dates. In Channon v. Westward Management the Illinois Supreme Court held Section 22.1 creates no private right of action for fee disputes, and Greenswag v. Lieberman Management affirmed that consumer fraud claims fail against fees at or below the statutory caps.

Do condo and HOA disclosure rules differ in Illinois?

Yes. Condominiums follow Section 22.1 of the Condominium Property Act (765 ILCS 605) with a 10-business-day deadline, a nine-item package, and a $375 CPI-adjusted fee cap. Non-condominium common interest communities follow Section 1-35 of CICAA (765 ILCS 160) with a 30-day deadline and a reasonable direct-out-of-pocket fee standard.

Key Takeaways

• Two statutes, one checklist. Condos run on 765 ILCS 605/22.1; HOAs run on 765 ILCS 160/1-35. Confirm the property type at intake before ordering anything.
• Condos have a 10-business-day clock. Public Act 102-976 shortened the 22.1 response window from 30 days to 10 business days in January 2023.
• HOAs have a 30-day clock. CICAA Section 1-35 allows 30 days after written request for the full disclosure set.
• Fee caps differ by track. Condos: $375 CPI-adjusted plus $100 for 72-hour rush service. HOAs: reasonable direct out-of-pocket costs only, no fixed dollar cap.
• Illinois has no statutory rescission. Buyers retain court-recognized remedies for material non-disclosure, and late packages still delay closings.
• Chicago adds overlays. FISP facade inspections, balcony inspections, and Section 15 deconversion exposure belong in the diligence on high-rise files.
• Master associations need their own packages. If a file sits under a master association (765 ILCS 605/18.5), order a separate disclosure set from every layer.

If your team is juggling multiple Illinois condo and HOA files and needs predictable turnaround on 22.1 and 1-35 packages, consider routing orders through a dedicated retrieval service that tracks the correct statutory deadline for each property type and verifies completeness before the package reaches your desk.