We explain HOA law in plain English, but we are not your lawyer and this is not legal advice. Here is why that matters.

Illinois reserve-study mandate died again — and the mortgage market imposed one anyway

Illinois reserve-study mandate died again — and the mortgage market imposed one anyway
Illinois · Legislation

Illinois reserve-study mandate died again — and the mortgage market imposed one anyway

What happened. Illinois's post-Surfside reserve-study bills — HB 2563 in the House and SB 3401 in the Senate — did not pass. Both stalled before the spring session adjourned on June 1, 2026. Illinois still has no statutory reserve-study schedule.1

The state's only reserve requirement remains the open-ended “reasonable reserves” standard at 765 ILCS 605/9(c)(2). There is no mandated study, no mandated cycle, and no mandated funding level.

What the bills would have required

Both amended the Common Interest Community Association Act and the Condominium Property Act in parallel:

  • a reserve study every five years — an analysis of the reserves required for future major maintenance, repair and replacement of the common elements;
  • a five-year grace period to complete a first study or update an existing one, with compliance required by January 1, 2028;
  • on resale, the association must furnish its most recent reserve study to any prospective purchaser on request;
  • an exemption for associations of 15 or fewer units, which would still be bound by the Acts' existing budgeting and reserve provisions.

How far they got, and a caution about the record

HB 2563 was filed February 4, 2025 with Rep. Kam Buckner as chief sponsor, joined by Reps. Harry Benton, Barbara Hernandez, Jay Hoffman, Rick Ryan and Janet Yang Rohr. (One trade account names Rep. Terra Costa Howard as sponsor, which most likely reflects a chief-sponsor change; the bill record we could reach shows Buckner.) House Amendment 1 was filed March 12, 2025, an engrossed version was generated April 8, 2026, and the last action available to us is “Rule 19(a) / Re-referred to Rules Committee,” April 17, 2026.

✓ Your Illinois State Pass is active — the full analysis below is unlocked

SB 3401 was carried by Sens. Robert Martwick, Donald DeWitte, Darby Hills and Mattie Hunter, with Buckner, Ryan and Yang Rohr as House sponsors. It was engrossed April 15, 2026 and heard in the Senate Condominiums Committee, whose hearing record shows four proponents and one opponent. CAI Illinois reports the Senate passed it 55-0 and that HB 2563 cleared House Judiciary unanimously.

One caution, stated plainly. The ILGA bill-status pages were unreachable throughout this research, and the mirrored action histories we could read end in Rules re-referrals rather than third-reading votes. The pattern is consistent with SB 3401 crossing to the House and dying there. We are not going to assert that either bill passed a chamber on a floor vote, because we could not open the record that would prove it. Treat CAI's 55-0 as CAI's account.

Why it failed, in the advocates' own words

CAI's Illinois Legislative Action Committee drafted and carried these bills, ran four call-to-action campaigns generating over 700 messages, and put advocates in committee at Illinois Advocacy Day on March 25, 2026. Its post-mortem is unusually blunt: legislators “received inaccurate information claiming studies raise housing costs,” and both bills were held at the last minute.

Worth noting for anyone tracing responsibility: Illinois REALTORS' 2026 Statement of Policy contains no published position on reserve studies at all. Its condominium plank opposes “legislation or policies which place an unnecessary restriction or limitation” on condominium ownership — general language, not a reserve-study position. Anyone reporting who killed HB 2563 should get that on the record rather than infer it.

The mandate arrived anyway, through the mortgage market

This is the part that changes the picture for boards. While Springfield declined to require reserve studies, Fannie Mae and Freddie Mac rebuilt their condominium project standards in March 2026. Budgets must reflect the highest recommended reserve allocation in the reserve study from August 3, 2026, and the standard reserve allocation for many Full Reviews is reported to rise from 10% to 15% in January 2027.

An Illinois association with no reserve study, or with a study whose recommendation its budget ignores, now risks its units becoming unwarrantable. That hits resale value and refinancing for every owner in the building. The legislature's inaction did not remove the obligation; it moved it to a body no one voted for.

Where Illinois sits nationally

CAI counts four states with post-Surfside reserve mandates — Florida, Maryland, New Jersey and Tennessee — and two with structural-integrity inspection requirements, Florida and New Jersey. Illinois is in neither group. CAI's national policy now formally recommends statutorily mandating reserve studies and funding for all community associations, and since a February 2024 revision also supports laws providing for ongoing inspections of building structures and facades.

The facade plank is the piece Illinois has not yet seen in bill form — despite Chicago already running a facade critical-examination regime for buildings over 80 feet.

What to watch next

CAI's stated position is that ILAC “remains committed to working with legislators to re-introduce similar language in future sessions.” The 105th General Assembly convenes in January 2027, and pre-filing opens after the November 2026 election. The working assumption for a budget is that a five-year study becomes law in that session — and, separately, that the mortgage market will not wait for it.

Related Illinois HOA Topics

← All Illinois HOA Topics

  1. Illinois HB 2563 — sponsors and action history (BillTrack50 mirror of the ILGA record)
  2. CAI Illinois, 2026 Legislative Session Report
  3. CAI national advocacy, 2026 Illinois end-of-session report
  4. Illinois REALTORS, 2026 Statement of Policy on Current Positions (amended October 9, 2025)
  5. CAI, Condominium Safety Public Policy Report update (reserve studies, facades, structural integrity)

Stay on top of Illinois HOA law

Every week: new Illinois legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.

Check your inbox to complete your sign up.

No spam. Unsubscribe anytime.