Associations must adopt owner complaint policy under the ombudsperson act

Illinois condominium and common interest community associations must finally adopt a written policy for resolving complaints made by unit owners, pursuant to Section 35 of the Illinois Condominium and Common Interest Community Ombudsperson Act.

The compliance deadline had been kicked down the road a couple of times by the legislatures; however, the policy must now be adopted by Jan. 1, 2019. Do note that common interest community associations that are exempt from the Common Interest Community Association Act are also exempt from the Ombudsperson Act.

The policy must include a sample form upon which owners can make complaints, a description of the process by which complaints are to be delivered to the association, and the association's timeline and manner of making final determinations in response to a unit owner's complaint.

The policy must include a requirement that the final determination made by the association in response to a unit owner's complaint must be in writing, within a reasonable time (not to exceed 180 days) after the unit owner's original complaint, and marked clearly conspicuously as "final."

The Ombudsperson Act also established the Office of the Condominium and Common Interest Community Ombudsperson. This regulatory office is designed to educate and assist condominium and common interest community owners and managers about the Condominium Property Act and the Common Interest Community Association Act. In addition to unit owner complaint resolution, the Ombudsperson Act also tasks the office with responsibilities including legislative reform and education.

Beginning July 1, 2020, and if the legislature has appropriated funds, qualifying unit owners may make complaints to the ombudsperson for assistance in resolving a dispute between a unit owner and an association that involves a violation of the Condominium Property Act or the Common Interest Community Association Act. Notably, the ombudsperson may not accept requests for resolutions of disputes for which there is a pending complaint in any court or administrative tribunal.

In order for a unit owner to make a complaint with the ombudsperson, they must meet various qualifications, including:

• They must not owe any funds to the association (unless those funds are central to the dispute).

• The dispute must have occurred within the past two calendar years.

• The owner must have followed the complaint procedure within their own association.

• The owner must have received a final adverse decision within their own association and attach a copy of the association's decision marked "final" to the request of the ombudsperson.

• The complaint with the ombudsperson must be filed within 30 days after the receipt of the association's adverse decision.

The requirements of what must accompany the complaint are also outlined in the Ombudsperson Act.

On receipt of a unit owner's request for assistance, if it meets the requirements of the act, the ombudsperson will, within the limits of available resources, confer with the parties and assist in efforts to resolve the dispute by mutual agreement of the parties. Importantly, the ombudsperson only assists opposing parties who mutually agree to participate in dispute resolution.

Note that the ombudsperson may not accept requests for resolution of disputes with community association managers. Those disputes would have to be addressed through the Community Association Manager Licensing and Disciplinary Act. Property managers will likely find themselves administering complaints received by the associations from owners and shepherding the complaints through the association's resolution process that the board is required to establish.

Also note that the required policy is not a "rule," and does not require adoption in the same manner as required for a rule. However, the policy must be adopted by the board at a board meeting and, once adopted, should be provided to the unit owners.

So, if your condominium or common interest community association has not already done so, the board should speak with its legal counsel to obtain a written policy for resolving unit owner complaints made by unit owners pursuant to the Ombudsperson Act.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.