104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5079
 
Introduced 2/10/2026, by Rep. Kimberly Du Buclet
 
SYNOPSIS AS INTRODUCED:
 
20 ILCS 1205/6
765 ILCS 160/1-95 new
765 ILCS 605/37 new
    Amends the Common Interest Community Association Act and the Condominium Property Act. Authorizes the Department of Financial and Professional Regulation to investigate, make findings, or make recommendations for enforcement on behalf of unit owners of common interest community and condominium associations whose rights have been violated by the owners' governing board under Illinois law or under the board's governing documents. Amends the Financial Institutions Act. Authorizes the Department to administer and enforce these provisions on behalf of unit owners and adopt rules to implement the Act. Effective July 1, 2027.


LRB104 18589 JRC 32032 b

 
 
A BILL FOR
 
HB5079LRB104 18589 JRC 32032 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Financial Institutions Act is amended by 
5changing Section 6 as follows:
 
6    (20 ILCS 1205/6)
7    Sec. 6. General powers and duties. In addition to the 
8powers and duties provided by law and imposed elsewhere in 
9this Act, the Division has the following powers and duties:
10        (1) To administer and enforce the Consumer Installment 
11    Loan Act and its implementing rules.
12        (2) To administer and enforce the Currency Exchange 
13    Act and its implementing rules.
14        (3) To administer and enforce the Debt Management 
15    Service Act and its implementing rules.
16        (4) To administer and enforce the Debt Settlement 
17    Consumer Protection Act and its implementing rules.
18        (5) To administer and enforce the Illinois Development 
19    Credit Corporation Act and its implementing rules.
20        (6) To administer and enforce the Payday Loan Reform 
21    Act and its implementing rules.
22        (7) To administer and enforce the Safety Deposit 
23    License Act and its implementing rules.
 
 
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1        (8) To administer and enforce the Sales Finance Agency 
2    Act and its implementing rules. 
3        (9) To administer and enforce the Title Insurance Act 
4    and its implementing rules.
5        (10) To administer and enforce the Transmitters of 
6    Money Act and its implementing rules.
7        (11) To administer and enforce the Predatory Loan 
8    Prevention Act and its implementing rules.
9        (12) To administer and enforce the Motor Vehicle 
10    Retail Installment Sales Act and its implementing rules.
11        (13) To administer and enforce the Retail Installment 
12    Sales Act and its implementing rules.
13        (14) To administer and enforce the Illinois Credit 
14    Union Act and its implementing rules.
15        (15) To administer and enforce the Collection Agency 
16    Act and its implementing rules.
17        (16) To administer and enforce the Consumer Legal 
18    Funding Act and its implementing rules. 
19        (17) To administer and enforce this Act and any other 
20    Act administered by the Director or Division.
21        (18) To authorize and administer examinations to 
22    ascertain the qualifications of applicants and licensees 
23    for which the examination is held.
24        (19) To conduct hearings in proceedings to revoke, 
25    suspend, refuse to renew, or take other disciplinary 
26    action regarding licenses, charters, certifications, 
 
 
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1    registrations, or authorities of persons as authorized in 
2    any Act administered by the Division.
3        (20) To administer and enforce the Common Interest 
4    Community Association Act and the Condominium Property Act 
5    on behalf of unit owners. 
6    Whenever the Division is authorized or required by law to 
7consider some aspect of criminal history record information 
8for the purpose of carrying out its statutory powers and 
9responsibilities, then, upon request and payment of fees in 
10conformance with the requirements of Section 2605-400 of the 
11Illinois State Police Law, the Illinois State Police is 
12authorized to furnish, pursuant to positive identification, 
13the information contained in State files that is necessary to 
14fulfill the request. 
15(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 
16102-975, eff. 1-1-23; 103-154, eff. 6-30-23; 103-1014, eff. 
178-9-24.)
 
18    Section 10. The Common Interest Community Association Act 
19is amended by adding Section 1-95 as follows:
 
20    (765 ILCS 160/1-95 new)
21    Sec. 1-95. State oversight authority. The Department of 
22Financial and Professional Regulation is authorized to 
23investigate, make findings, or make recommendations for 
24enforcement on behalf of unit owners of common interest 
 
 
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1community associations whose rights have been violated by the 
2owners' governing board under Illinois law or under the 
3board's governing documents. The Department of Financial and 
4Professional Regulation may adopt rules to implement this 
5Section.
 
6    Section 15. The Condominium Property Act is amended by 
7adding Section 37 as follows:
 
8    (765 ILCS 605/37 new)
9    Sec. 37. State oversight authority. The Department of 
10Financial and Professional Regulation is authorized to 
11investigate, make findings, or make recommendations for 
12enforcement on behalf of unit owners of condominiums whose 
13rights have been violated by the owners' governing board under 
14Illinois law or under the board's governing documents. The 
15Department of Financial and Professional Regulation may adopt 
16rules to implement this Section.
 
17    Section 99. Effective date. This Act takes effect July 1, 
182027.