Illinois
Illinois HOA and Condo 22.1 Disclosure: Fees, Deadlines, and How to Order
A 22.1 disclosure is the document a title company asks for before an Illinois closing. Illinois associations must deliver it within 10 business days or 30 days, depending on the governing act. The fee is capped at $375 where the statute sets a cap.
Free for the resale platform. No contract to sign.
Illinois 22.1 Disclosure
Example Lakes Condominium Association
Regular assessment
$285.00 monthly
Reserve balance
$143,000.00
Fee for this document
$375, the Illinois cap
Due to the requester
Within 10 business days
Illinois at a glance
- What Illinois calls it
- 22.1 Disclosure
- Fee cap
- $375 where the statute sets one
- Delivery deadline
- 10 business days or 30 days, depending on the governing act
- Buyer's right to cancel
- No statutory right tied to this document
Also called: Section 22.1 disclosure, 22.1 disclosure form, resale disclosure. If you were told to get an Illinois resale certificate, or an IL resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state. Inside Havn the Illinois document is labeled Resale Disclosure.
What each Illinois act sets
Illinois has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
765 ILCS 605/22.1
Condominium Property Act. Applies to condominiums.
- Required by statute
- Yes
- Fee
- $375
- Deadline
- 10 business days from the request
- Rush
- $100 more for delivery within 3 days
765 ILCS 160/1-35
Common Interest Community Association Act. Applies to HOAs and planned communities.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 30 days from the request
Illinois HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
765 ILCS 605 (Condominium Property Act)
The Condominium Property Act governs the creation, ownership, and operation of condominiums in Illinois, covering how a declaration submits property to the Act, board governance, meetings, assessments, and owner access to records. It also sets out an association's duties when a unit is resold or refinanced, including the disclosure packet a seller must obtain and provide to a buyer or lender.
765 ILCS 160 (Common Interest Community Association Act)
The Common Interest Community Association Act governs homeowner and other common-interest community associations in Illinois that are not organized as condominiums, covering association formation, board and member powers, meetings, assessments, and records. It also addresses a member's disclosure obligations to the association and to prospective buyers when a unit in the community is resold. Associations of 10 units or fewer, or with annual budgeted assessments of $100,000 or less, are exempt unless they elect to be covered (Section 1-75).
765 ILCS 605/22.1 (Resale disclosures)
Requires a condominium unit owner who is reselling to obtain a standard disclosure packet from the association, covering the declaration and bylaws, unpaid assessments and liens, reserves, financial condition, insurance, and pending litigation, and to make it available to the buyer. The statute directs the association to furnish this information within a set deadline and caps what it may charge for producing it.
765 ILCS 160/1-35 (Resale disclosures)
Requires the board of a common interest community association to make a similar disclosure packet available to a prospective buyer when a member resells a unit, covering the declaration, unpaid assessments and liens, reserves, financial condition, insurance, and pending litigation. The statute directs the association to furnish this information within a set deadline and allows it to charge a reasonable fee for doing so.
The notice Havn prints on every Illinois 22.1 disclosure
Every Illinois document Havn prepares carries a notice that tells the reader where the document comes from and what Illinois law says about it. This is the wording, act by act.
765 ILCS 605/22.1Condominiums
This Resale Disclosure is furnished under Section 22.1 of the Illinois Condominium Property Act, 765 ILCS 605/22.1. The association must furnish this information within 10 business days after it receives the unit owner's written request. The association may charge the unit seller a reasonable fee covering its direct out of pocket cost of providing and copying the information, not to exceed $375. That $375 limit is increased or decreased each year by the percentage change in the Consumer Price Index-U for the preceding calendar year, so the current limit may differ from $375. If the association completes rush service within 72 hours, it may charge an additional $100. The amounts shown for unpaid assessments and other charges are those due and owing on this unit as of the issue date. Under Section 9(g)(1) of the Act, unpaid assessments, interest, late charges, reasonable attorney fees and costs of collection are a lien on the unit, so any amounts shown here should be resolved at closing. Illinois law does not give the purchaser a right to cancel the purchase contract based on this disclosure, and it does not set an expiration date for it. The information is current as of the issue date shown above.
765 ILCS 160/1-35HOAs and planned communities
This Resale Disclosure is furnished under Section 1-35(d) of the Illinois Common Interest Community Association Act, 765 ILCS 160/1-35. The board must furnish this information within 30 days after it receives a written request. The association may charge the unit seller a reasonable fee covering the direct out of pocket cost of copying and providing the information. The amounts shown for unpaid assessments and other charges are those due and owing on this unit as of the issue date, and any unpaid amounts should be resolved at closing. Illinois law does not give the purchaser a right to cancel the purchase contract based on this disclosure, and it does not set an expiration date for it. The information is current as of the issue date shown above.
Documents Illinois adds to the package
Beyond the governing documents, budget, and financial statements every state expects, Illinois adds these. Havn attaches each one as its own exhibit.
- Assessment collection policy (765 ILCS 605/22.1(a)(10) and 160/1-35(d)(8), effective January 1, 2027)
Illinois 22.1 disclosure: common questions
What is an Illinois 22.1 disclosure?
It is what Illinois law has the association provide when a home in condominiums and HOAs and planned communities is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under 765 ILCS 605/22.1 and 765 ILCS 160/1-35.
Does the seller pay for the 22.1 disclosure in Illinois?
Under the Condominium Property Act, yes. Section 22.1 lets the association charge its fee to the unit seller. The $375 figure in the statute moves each year with the consumer price index, and Havn applies $375, the conservative number.
How much does an Illinois 22.1 disclosure cost?
Illinois caps the fee at $375 where the statute sets one. Rush delivery can add $100 for delivery within 3 days. Inside the cap, the association or its management company sets the price.
How long does an Illinois association have to provide a 22.1 disclosure?
10 business days or 30 days, depending on the governing act, counted from the request.
Is a 22.1 disclosure required in Illinois?
Yes, for condominiums and HOAs and planned communities, under 765 ILCS 605/22.1 and 765 ILCS 160/1-35.
Can a buyer cancel after receiving an Illinois 22.1 disclosure?
Illinois law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
What is included in an Illinois 22.1 disclosure?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. Illinois adds one more item, listed on this page. The full list is in 765 ILCS 605/22.1.
How do I get a 22.1 disclosure in Illinois?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Illinois association has 10 business days or 30 days, depending on the governing act. A buyer should ask the seller or the closing agent to order it.
Is this the same as an Illinois sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Illinois compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Illinois: $375 where the statute sets one, 10 business days or 30 days, depending on the governing act.
Wisconsin
Disclosure Materials
$50
10 days
Required by statute
Indiana
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Missouri
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Iowa
Resale Package
No fixed dollar cap
10 business days
Not required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Illinois 22.1 disclosure could write itself.
The resale platform is free for the association. The requester pays for the document, never more than Illinois's $375 cap. No contract to sign.