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File Violation COMPLAINT

Report violations in writing to your board of directors

Per Illinois Condominium Act -All homeowners and residents have the right to peaceful enjoyment. Public Act 103-0563, which became effective November 17, 2023, extended the repeal date of the Condominium and Common Interest Community Ombudsperson Act (765 ILCS 615/1) to January 1, 2026. Corresponding changes were made to the Illinois Condominium Property Act (765 ILCS 605/1) and the Common Interest Community Association Act (765 ILCS 160/1-1).

SAMPLE ASSOCIATION COMPLAINT PROCEDURE WHEREAS, the Illinois Condominium and Common Interest Community Ombudsperson Act (765 ILCS 615/1, et. seq. (“Ombudsperson Act”)) requires that each condominium and common interest community association (“Association”) which is not exempt from the Common Interest Community Association Act (765 ILCS 160/1, et. seq.) adopt a written policy for resolving complaints made by unit owners; and

WHEREAS, on or before January 1, 2019, each association described above must adopt a complaint resolution policy which meets the requirements of Section 35 of the Ombudsperson Act.

Policies for resolving complaints

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Association, acting through its Board of Directors, hereby adopts and establishes the following Ombudsperson Act-mandated Association policy for resolving complaints:

A. Definitions

The following terms shall have the following meanings:

“Association” denotes the unit owners’ association within a condominium or common interest community.
“Association complaint” refers to a written grievance filed by a unit owner, addressing actions inconsistent with regulations.
“Association governing documents” encompass all records and amendments maintained by the association, including declarations and bylaws.
“Board” signifies the elected managerial body of the association.
“Complainant” designates a unit owner lodging a written complaint through the association’s procedure.
“Final determination” denotes the conclusive decision made by the association within 180 days of receiving the complaint.
“Record of complaint” encompasses all materials relevant to decisions made in response to a complaint.
“Acceptable technological means” includes electronic methods deemed secure and reliable by association regulations.

B. General Provisions

1. The association complaint procedure shall be readily available to all unit owners of the association.

2. The association complaint procedure shall be distributed to all unit owners using the association’s established reasonable, effective and free method for communicating with the Board.

C. Procedures

Complaints must be submitted in written form.
A complaint form sample can be obtained by contacting the association office via address, phone, or email.
Completed forms can be delivered in person, by mail with proof of receipt, or electronically as per association guidelines.
The association will acknowledge receipt of the complaint within seven days, either in person, by mail, or electronically with proof.

D. Contents of association complaint

The complainant must furnish all relevant documents and references concerning the complaint to the Board for consideration.
Should the association require additional information for processing, a formal request will be issued to the complainant within 30 days.
Requests for supplementary details should be pertinent to the complaint and not impose undue burden on the complainant. Failure to comply may result in termination of the complaint process.

Failure to provide requested information within specified timeframes, or extended by the Board’s consent, may result in complaint termination.

E. Consideration of association complaint and final determination

The Board will conduct a hearing within 30 to 60 days, recorded if desired, after receiving the complaint and information.
The complainant must be notified of the hearing’s details at least 14 days beforehand via various delivery methods.
Complainants may opt for legal representation, notifying the Board at least 7 days before the hearing.
Complainants may present witnesses or documents supporting their case during the hearing.
The Board’s final decision, marked as “final,” must be made in writing within 180 days after receiving the complaint.
Written notice of the final decision will be provided within 7 days via hand-delivery or certified mail.
The association will retain records of all complaints for at least 7 years after the final resolution.

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