DEADLINE APPROACHING FOR OMBUDSPERSON ACT – JANUARY 1, 2019

As stated in our “The Ombudsperson: 2016 Amendments and Updates” article, by Governor Rauner’s signing of Public Act 99-0776, several changes were made to the Condominium and Common Interest Community Ombudsperson Act (“Act”).

One of those changes requires all associations to adopt a written dispute resolution policy. Pursuant to the Act, all associations, including master associations, that are subject to the Condominium Property Act must adopt a policy. Similarly, any association subject to the Common Interest Community Association Act must adopt a policy.  However, associations exempt for the Common Interest Community Association Act do not need to adopt this policy.

The policy must be adopted on or before January 1, 2019 and the effective date of the policy must be no later than January 1, 2019. Any association established after January 1, 2019 shall have 180 days from date of establishment to adopt its written dispute resolution policy.

The policy is for resolving complaints submitted by the owners of the association. The policy must include a sample form for owners to submit their complaints, provide a description on how owners can submit the complaint to the association, provide a description of how the association will make its determination of the complaint, and how and when the association’s final determination for the complaint shall be given.

If your association has questions about whether it is required to adopt one of these written policies, the written policy itself, or would like assistance in preparing a written policy, please feel free to contact our office and one of our attorneys would be happy to assist you.

 

This article is being provided for informational purposes only.  This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys.  No association, board member or any other individual or entity should rely on this article as a basis for any action or actions.  If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office.