Illinois §22.1 · common questions

What is a Section 22.1 disclosure in Illinois?

A Section 22.1 disclosure is the package of documents and statements that an Illinois condominium seller must obtain from their association and make available to a prospective buyer, required by Section 22.1 of the Illinois Condominium Property Act (765 ILCS 605/22.1). It covers nine items — the declaration and bylaws, the unit's account status, anticipated capital expenditures, reserves, the association's financials, litigation, insurance, unit improvements, and the association's notice contact.

When is it required?

Any resale of a condominium unit in Illinois — that is, any sale by a unit owner other than the original developer. Although the statute says the buyer must demand the information, in practice it is requested in virtually every arm's-length condo sale: attorneys, lenders, and title companies treat it as standard diligence, and the standard Chicago-area condo purchase contract (paragraph 11) requires it. The Chicago Association of REALTORS Rider 15 mirrors the statutory list and can give the buyer a way out of the deal if disclosures aren't produced.

Who has to produce it?

The seller requests it, but the association's board must furnish the information — specifically the principal officer or another officer designated to receive notices. In a professionally managed building the property manager handles this. In a self-managed building (most small Chicago condo buildings), it lands on a volunteer board member: usually the president or treasurer.