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Illinois caps mobile home park utility pass-through at 80% where common areas are not metered

Illinois caps mobile home park utility pass-through at 80% where common areas are not metered
Illinois · Legislation

Illinois caps mobile home park utility pass-through at 80% where common areas are not metered

What happened. HB 2849 was signed August 1, 2025 as Public Act 104-0064, effective January 1, 2026. It adds a new Section 6.2, “Utility services,” to the Mobile Home Landlord and Tenant Rights Act at 765 ILCS 745/6.2.1

The two rules

Subsection (a). A park owner may not require a tenant to pay for utility services — water, sewer, trash — “used in common areas in which a public utility company is charging for those services.” Where common-area usage is not separately measured by equipment such as a water meter, “the park owner may not charge the tenants for more than 80% of the public utility services for which the park owner was billed.”

Subsection (b). The park owner must, annually, give tenants a written explanation of how each tenant's share of the utility charge was calculated, and on request must provide copies of the park's monthly utility bills for any utility separately billed under the section.

The 20% is a price on not metering

Read the two halves of subsection (a) together and the design is clear. A park owner who sub-meters common areas can bill residents for their actual consumption and exclude the common-area draw precisely. A park owner who does not meter cannot separate the two — so the statute imposes a flat haircut and lets the owner choose which is cheaper.

For a park with substantial common-area irrigation, a pool, or a laundry, 20% may well understate the real common-area share, and metering is the better deal. For a park with almost no common-area draw, the 80% ceiling is generous and metering is not worth the capital.

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What did not survive the amendment process

The enacted text is materially narrower than the bill as introduced, which also barred mid-lease billing changes and required 90 days' notice of a change in utility billing. Neither provision is law. A resident told that a park cannot change its utility billing method mid-lease is being told something the legislature considered and did not enact.

Why this sits on an HOA site

Illinois manufactured-home communities are consistently conflated with homeowner associations, and the legal frameworks are entirely separate. Residents of a manufactured-home community own the home and rent the lot; their statute is 765 ILCS 745, not the Condominium Property Act or the Common Interest Community Association Act. There is no board, no declaration and no assessment.

Where the two genuinely meet is in resident-owned communities and in parks where a homeowners association has formed to represent residents in dealings with the park owner. In those, the association is the natural party to demand the annual written allocation explanation and the monthly bills, because it is the only entity with the capacity to read them.

The disclosure right is the enforceable part

Subsection (a) is a substantive cap, but a resident cannot tell whether it has been breached without the underlying numbers. Subsection (b) supplies them, and it is the provision residents and resident associations can actually use:

  • the annual written explanation of the calculation is owed without being asked for;
  • copies of the monthly utility bills are owed on request, for any utility separately billed under the section.

With both in hand the arithmetic is checkable: total billed to the park, total allocated to residents, and whether the ratio exceeds 80% where no common-area meter exists. A park that will not produce the bills is the park most worth asking.

What operators have to build

Two processes that most Illinois parks did not have on January 1, 2026: an annual written allocation disclosure delivered to every tenant, and a bill-production procedure that can respond to a request without redacting the figures that make the allocation checkable. Neither is difficult; both are new.

The capital question — meter the common areas or absorb the 20% — should be run against actual irrigation and amenity load rather than assumed. Parks that have never measured it do not know the answer.

What to watch next

Whether the 105th General Assembly revives the notice and mid-lease provisions that were stripped, and whether the separate lot-rent cap returns alongside them. Utility pass-through and rent are functionally the same money to a resident, and a cap on one invites pressure on the other.

Related Illinois HOA Topics

← All Illinois HOA Topics

  1. Public Act 104-0064 (HB 2849), mobile home utility services, full text
  2. HB 2849 bill status and amendment history

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