Q. I am a condominium owner considering purchasing an electric vehicle and just heard about the Illinois legislature’s recent adoption of the Electric Vehicle Charging Act. How does this Illinois statute differ from the City of Chicago Electric Vehicle Right to Charge Ordinance?
A. The Electric Vehicle Charging Act is different from the proposed City of Chicago Electric Vehicle Right to Charge Ordinance (which remains proposed and is not yet adopted) in two major respects. First, the Electric Vehicle Charging Act is a State of Illinois statute and applies throughout the State of Illinois, while the City of Chicago Right to Charge Ordinance only applies to buildings in Chicago.
Second, after it goes into effect, the Electric Vehicle Charging Act will require “newly constructed single-family homes and multi-unit residential buildings” with parking spaces, including condominium and community associations, to provide the infrastructure for vehicle charging. Chicago’s “Right to Charge” Ordinance, meanwhile, would apply to existing buildings.
To date, the Electric Vehicle Charging Act has only been approved by the Illinois legislature. If the act is signed by Governor Pritzker — or not vetoed by Governor Pritzker — by July 3, it will become law and will be effective as of January 1, 2024.
Q. I live in a small self–managed condominium association in Chicago. I brought up to our board of directors the idea of charging selling unit owners a fee to compile a 22.1 disclosure with associated documentation. Can the association charge a fee for that service and is $200 a reasonable fee?
A. It is customary for condominium associations, especially those that are professionally managed, to charge a fee to issue a 22.1 disclosure letter and provide associated documents. In fact, Section 22.1(c) of the Condominium Act states that a reasonable fee, not to exceed $375, may be charged by the association or board of directors covering direct out-of-pocket costs. Thus, $200 is a reasonable fee as well as any amount up to $375. Section 22.1(c) goes on to index the $375 fee by the consumer price index during the preceding 12-month calendar year.
Q. I am a unit owner in a high-rise building that has an increasing number of short-term rentals. Short-term rentals are not currently prohibited by the governing documents. We are starting to experience a surge of problems with these tenants. What remedies does the board possess to address the situation?
A. In the absence of the unit owners adopting an amendment to the declaration and bylaws to restrict leasing with reasonable provisions that makes sense for the building, for a tenant that violates the governing documents, the board of directors possesses authority to levy fines against the unit owner who is leasing their unit pursuant to section 18.4(l) of the Condominium Act. Additionally, the board of directors can file a lawsuit against the tenant and the unit owner to evict the tenant pursuant to Section 18(n) of the Condominium Act. Per Section 9.2 of the Condominium Act, the board is entitled to recover legal fees and costs incurred in enforcing the governing documents.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
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