§ 40

(Section scheduled to be repealed on January 1, 2029) Sec. 40. Dispute resolution. (a) Beginning on July 1, 2020, and subject to appropriation, unit owners meeting the requirements of this Section may make a written request, as outlined in subsection (f) of this Section, 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. (b) The Ombudsperson shall not accept requests for resolutions of disputes with community association managers, supervising community association managers, or community association management firms, as defined in the Community Association Manager Licensing and Disciplinary Act. (c) The Ombudsperson shall not accept requests for resolutions of disputes for which there is a pending complaint filed in any court or administrative tribunal in any jurisdiction or for which arbitration or alternative dispute resolution is scheduled to occur or has previously occurred. (d) The assistance described in subsection (a) of this Section is available only to unit owners. In order for a unit owner to receive the assistance from the Ombudsperson described in subsection (a) of this Section, the unit owner must: (1) owe no outstanding assessments, fees, or funds to the association, unless the assessments, fees, or funds are central to the dispute; (2) allege a dispute that was initiated, or initially occurred, within the 2 calendar years preceding the date of the request; (3) have made a written complaint pursuant to the unit owner's association's complaint policy, as outlined in Section 35, which alleged violations of the Condominium Property Act or the Common Interest Community Association Act; (4) have received a final and adverse decision from the association and attach a copy of the association's final adverse decision marked "final" to the request to the Ombudsperson; and (5) have filed the request within 30 days after the receipt of the association's final adverse decision. (e) A unit owner who has not received a response, marked "final", to his or her complaint from the association within a reasonable time may request assistance from the Ombudsperson pursuant to subsection (a) of this Section if the unit owner meets the requirements of items (1), (2), and (3) of subsection (d) of this Section. A unit owner may not request assistance from the Ombudsperson until at least 90 days after the initial written complaint was submitted to the association. The Ombudsperson may decline a unit owner's request for assistance on the basis that a reasonable time has not yet passed. (f) The request for assistance shall be in writing, on forms provided electronically by the Office, and include the following: (1) the name, address, and contact information of the unit owner; (2) the name, address, and contact information of the association; (3) the applicable association governing documents unless the absence of governing documents is central to the dispute; (4) the date of the final adverse decision by the association; (5) a copy of the association's written complaint policy required under Section 35 of this Act; (6) a copy of the unit owner's complaint to the association with a specific reference to the alleged violations of the Condominium Property Act or the Common Interest Community Association Act; (7) documentation verifying the unit owner's ownership of a unit, such as a copy of a recorded deed or other document conferring title; and (8) a copy of the association's adverse decision marked "final", if applicable. (g) On receipt of a unit owner's request for assistance that the Department determines meets the requirements of this Section, the Ombudsperson shall, within the limits of the available resources, confer with the interested parties and assist in efforts to resolve the dispute by mutual agreement of the parties. (h) The Ombudsperson shall assist only opposing parties who mutually agree to participate in dispute resolution. (i) A unit owner is limited to one request for assistance per dispute. The meaning of dispute is to be broadly interpreted by the Department. (j) The Department has the authority to determine whether or not a final decision is adverse under paragraph (4) of subsection (d) of this Section. (k) The Department shall, on or before July 1, 2020, establish rules describing the time limit, method, and manner for dispute resolution. (l) (Blank). (Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A. 99-776 for effective date of P.A. 98-1135); 99-776, eff. 8-12-16 .)