Condo Law Watch

Is Your Association CICAA Compliant?

When the Common Interest Community Association Act (CICAA) went into effect in mid-2010, it set up minimum requirements for many homeowners and townhome associations. Like the Illinois Condominium Property Act, CICAA’s provisions will generally control over conflicting terms in association instruments. See, CICAA Section 1-10.

However, in 2011 the state legislature added section 1-80, which further requires that all common interest community associations subject to CICAA be in full compliance with its provisions no later than January 1, 2012. In this case, ‘compliance’ means that all conflicting provisions in an association’s declaration, bylaws and other community instruments actually be revised to comply with CICAA’s language. Examples of homeowners association provisions that often differ from what CICAA mandates are quorum requirements for members’ meetings (20% maximum of members to reach quorum – section 1-40(b)(1)) and election rules (prohibiting proxies if secret ballots are used (section 1-25(h-5)(3)(i)).

Conveniently, CICAA also gives associations a tool with which to meet this requirement. Section 1-15(b) directs that the board of directors approve revisions “independent of the membership to comply with this Act.” If your association’s board has not approved all changes required to match up with CICAA’s requirements, you should so right away — or better yet, contact your association’s attorney for a detailed review of your governing instruments to identify any necessary changes.

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