Q: I live in a high-rise condo and recently heard a rumor about an update to a statute regarding smoke detectors that apparently affects condos. What is the law regarding smoke detectors in condos?
A: In August 2017, the Illinois Smoke Detector Act was amended to include additional requirements for smoke detectors in residences, and these new requirements took effect on Jan. 1, 2023. In general, the Illinois Smoke Detector Act phases out older-model smoke detectors with removable short-term batteries that need more frequent battery replacement and requires that such older-model smoke detectors be replaced with smoke detectors that are hardwired or have a nonremovable 10-year battery.
The Illinois Smoke Detector Act applies to all Illinois residences, including condominium buildings, except those located in municipalities of more than 1 million inhabitants, such as Chicago. However, a Chicago ordinance adopted in 2021 aligns with the new smoke detector battery mandate phasing out older model smoke detectors and requires that new or replacement smoke detectors in Chicago condos be hardwired or powered by sealed batteries. Under the Chicago ordinance, any new or replacement smoke detectors in Chicago condos must be hardwired or powered by sealed batteries.
Q: I am a board member in a self-managed Chicago condominium association. The board is aware that last year the city of Chicago proposed an electric vehicle charging ordinance that would affect our association because we have unit owners with electric vehicles. Was the proposed ordinance ever adopted or if not, is there an update to report?
A: On July 20, 2022, the Chicago City Council’s Committee on Housing and Real Estate proposed an ordinance called the Electric Vehicle Right to Charge Ordinance. The proposed ordinance would grant unit owners (and tenants) the right to tie into a community association’s garage common electrical system to install an electric vehicle charging station to serve their “exclusive” parking space (i.e., parking unit or limited common element parking space) so long as certain conditions are met.
However, the proposed ordinance has not yet been approved by the City Council. In fact, the proposed ordinance has not yet moved through the legislative process most likely because as drafted there are many concerns with the legislation that need to be further addressed.
Q: I live in a midsize condominium association where unit owners have always been invited to attend and voice their concerns. Recently, unit owners were informed that they would no longer be allowed to speak at board meetings and unit owners have been directed to email their issues to the management company. Is it true that unit owners are not entitled to speak during board meetings?
A: From a legal standpoint, per Section 18(a)(9) of the Condominium Act, unit owners are entitled to observe the open portion of a board meeting but are not entitled to speak. However, from a practical standpoint, most condominium boards give unit owners the opportunity to ask questions and/or raise concerns during a homeowners’ open forum before the board meeting is called to order for purposes of engaging with the unit owners (who have an ownership interest in the association).
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
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