Illinois Condo and Townhome Disclosure Attorney

Under current law, the package includes: the declaration, by-laws, other condominium instruments, and rules; a statement of liens and unpaid assessments or other charges; capital expenditures anticipated in the current or next two fiscal years; the status and amount of any reserve for replacement, including amounts earmarked for a specified project; the association’s latest available statement of financial condition; pending suits or judgments in which the association is a party; insurance coverage the association provides for unit owners; a good-faith statement that prior alterations to the unit or its limited common elements are believed to comply with the instruments; and the identity and mailing address of the officer or agent designated to receive notices.

The association must furnish that information within 10 business days after a written request (765 ILCS 605/22.1(b)). The statute allows the association to charge the unit seller a reasonable fee, covering direct out-of-pocket costs, originally capped at $375 and adjusted annually by the CPI-U, plus an additional $100 for rush service completed within 72 hours. We do not publish a current CPI-adjusted cap here; confirm the association’s current invoice for your closing date.

Beginning January 1, 2027, Public Act 104-734 amends §22.1 to add a tenth item: a copy of the collection policy adopted under subsection (t) of Section 18.4. Until that date, the nine-item list above is the statutory package.

How this differs from the residential seller-disclosure form

Section 22.1 is not the same as the Illinois Residential Real Property Disclosure Report. The seller-disclosure form addresses the seller’s knowledge of material defects in the property. Our post on Illinois seller disclosure requirements covers that form, radon and lead disclosures, and what “as is” means. A condominium buyer usually needs both the unit-level disclosures and the association package. One does not replace the other.

Townhomes and common interest communities

Not every townhome is a condominium. If the project is organized under the Condominium Property Act, §22.1 applies. Many Fox Valley townhomes and some single-family subdivisions are instead common interest community associations governed by the Common Interest Community Association Act (765 ILCS 160/).

On a resale of a unit in a common interest community association by an owner other than the developer, section 1-35(d) requires the board to make a similar (not identical) set of documents available upon demand, including the declaration, instruments and rules; liens and unpaid assessments; anticipated capital expenditures; reserve or project funds; the latest financial statement; pending suits or judgments; and insurance the association provides on common property. The board must furnish that information within 30 days after a written request — a longer clock than §22.1’s 10 business days. The association may charge a reasonable fee for copying and providing the information; unlike §22.1, this section does not state a dollar cap. Beginning January 1, 2027, Public Act 104-734 also adds the association’s collection policy to the CICAA list.

Paid-assessment or estoppel letters are commonly needed in addition to the statutory package and should be requested early. We review use restrictions, rental rules, parking, pets, special assessments, and insurance gaps during the attorney review period, which under Multi-Board 8.0 is generally five Business Days after the Date of Acceptance unless the parties agree otherwise.

Town-specific pages — including Geneva real estate attorney, Batavia real estate attorney, Aurora real estate attorney, Naperville residential real estate attorney, and Wheaton real estate attorney — discuss local closing checklists. County context is on the Kane County residential real estate and DuPage County residential real estate hubs.

Attorney Fees for Residential Representation

For typical residential seller representation when we also act as title agent, there is no separate seller attorney fee; we are compensated from title fees for title-agent services actually performed, and sellers still pay title premiums and other closing costs. If title is not handled through our agency, a separate seller attorney fee applies. For typical residential buyer representation, we charge a flat $400 legal fee paid at closing.

Related Pages

Association documents sit alongside the Illinois seller disclosure requirements post, the attorney review period, and the earnest-money guide. Buyers and sellers can also use the first-time and Fox Valley home buyer attorney and home seller attorney pages and the residential real estate practice page.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.