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Illinois Legislature Approves New Temperature Requirements for 55-And-Over Communities: What do Illinois Community Associations Need to Know?

Date

July 12, 2023

Read Time

3 minutes

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The Illinois legislature recently approved amendments to the Illinois Condominium Property Act (“ICPA”) and Common Interest Community Association Act (“CICAA”) to impose certain temperature control requirements for condominium and community associations “in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.”  

To date, these proposed legislative amendments to ICPA and CICAA have been approved by the legislature.  If the proposed legislation is either signed by the Governor or not vetoed by the Governor by August 7, 2023, it will become law and be effective as of June 1, 2024. 

Specific questions regarding the Act are answered below.

My association’s declaration does not limit occupancy to persons 55 and older – do the new temperature requirements apply?  

No.  As noted above, the proposed amendments to ICPA and CICAA only apply to associations “in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.”  As such, if a condominium or community association’s initial declaration does not contemplate a “55-and-over” only community, the new proposed temperature requirements do not apply. 

What are the proposed new temperature requirements?

The proposed new heating and cooling requirements are the same under ICPA and CICAA and depend on the type of heating and cooling system serving the building.

For 55-and-over associations with building-wide heating and/or cooling systems (systems that serve common areas and individual units), the following requirements apply:

SeasonRequirements
Cooling (June 1 through September 30)cooling systems must operate when the heat index exceeds 80 degrees Fahrenheit.
Heating (October 1 through May 31)“(i) between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit; and (ii) between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit.”

For 55-and-over associations without building-wide cooling systems (i.e., individual units control their own cooling), the association must “provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit” and provide all occupants with free access to such cooling space. 

Note: the cooling space requirement in the proposed legislation is similar to the requirements under the City of Chicago Cooling Ordinance, which was adopted in 2022.  As a reminder, the deadline for Chicago condominium and community associations to install permanent cooling space equipment as required under the Cooling Ordinance is May 1, 2024.  Click here for LP’s article on the Chicago Cooling Ordinance. 

What qualifies as an indoor common gathering space?

The proposed legislation defines an “indoor common gathering space” as “a room intended to be used as a place where multiple people can gather, such as a lounge, meeting or conference room, party room, or similar that can accommodate a cooling system”.  Notably, the proposed legislation does not include a specific minimum dimension requirement for an indoor common gathering space.

What if my 55-and-over association does not have an indoor common gathering space?

55-and-over associations without building-wide cooling systems that have no indoor common gathering space are exempted from the cooling space requirement in the proposed legislation. 

What about renters – does the proposed legislation impact rental units?

Yes, the proposed legislation also amends the Illinois Landlord Tenant Act and obligates landlords to comply with the temperature requirements noted above for tenant-occupied dwelling units in “residential rental property in which rental or occupancy is limited to persons 55 years of age or older.”

Where can I find text of the Act?

Text of the proposed legislation, which has been approved by the legislature and is awaiting the Governor’s signature, is available here

LP is committed to keeping our community association clients informed of, and prepared to proactively and successfully navigate, any changes in the law. For questions regarding the new temperature control requirements approved by the legislature for 55-and-over associations, or other issues facing your condominium or community association, please contact Howard Dakoff, Laura Marinelli, Adam Kahn, or Molly Mackey of LP’s Community Association Group.


Filed under: Community Association

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