In October of 2004 SB 2791 was signed into law becoming Public Act 93-1043. This law provides homeowners and new buyers with a written disclosure. History has proven this information is needed by present homeowners and first time buyers. This will aid future homeowners with clearer decision making when deciding what community to move into. The law aids present homeowners when verbal promises are made and later the two parties disagree on a past conversation. This aids homeowners when an owner operator (landlord) tells a homeowner he/she is responsible for something the owner operator is legally responsible for.
If you live in a community that is on a verbal lease and/or has an automatic renewal each year, you should still receive a disclosure from your owner operator. MHOAI directors are still attending community meetings and experiencing many telephone conversations with homeowners already living within the community that are not receiving a disclosure. This means that a new buyer is not receiving one before moving in. Owner operators that are following the law are providing the information in one place and/or in separate places through out the lease.
MHOAI has concerns regarding community owner operators that are not providing a correct disclosure. In these cases the homeowner will not receive the important information regarding a new section that was amended to the disclosure in 2007.
765 ILCS 745/6.5 The owner operator must disclose in writing with every lease or sale and upon renewal of a lease:
- The rent history charged for the lot in the past 5 years.
- The owner operator’s responsibilities in the community with respect to the lot.
- Information regarding any fees imposed in addition to the base rent.
- Information regarding late payments.
- Information regarding any privilege tax (county tax) that is applicable.
- Information regarding security deposits, and interest due back each year to the homeowner.
- The owner operator must update the written disclosure at least once per year.
- The owner operator shall not charge a transfer or selling fee as a condition of sale that is going to remain in the community unless a service is rendered.
- Remedies for the publication of false or misleading information provided in this act.
Amended to the disclosure act is:
- Information on a 3 year rent projection. The increases can be a fixed amount or not to exceed amount.If homeowners are not getting this disclosure or an incorrect disclosure you and/or your community homeowner’s association need to write a letter to your manager and owner operator asking for one. If you do not receive a response in a reasonable time write a second letter. Make sure the letters you write are dated and you keep a copy. If you still have issues send a copy of the letters you wrote to the manager and owner operator and a copy of your lease to Attorney General Lisa Madigan.
The Attorney General and her staff encourage filings to their office. This allows the office to contact the owner operator and mediate consumer complaints.
Attorney General Lisa Madigan
100 W. Randolph
Chicago, IL. 60601