This page contains brief comments on legal topics of interest for homeowners. For more details you must consult cited statutes or do independent research. Statutes are amended frequently so the following is only accurate as of the date following the entry.

Topics: Scroll down to topic.

1. Home Repair and Remodeling Act

2. Carbon Monoxide Alarm Detector Act

3. Smoke Detector Act

4. Homeowners with animals

5. Homeowners with private lake interests

6. Recent Mortgage Foreclosure Changes

7. Recent Mortgage related Changes 

8. Illinois Anti-SLAPP statute to protect homeowners free speech

1. The Home Repair and Remodeling Act (found at 815 ILCS 513/1 et seq.) requires any home repair or remodeling in excess of $1,000.00 to be in writing with the total costs, including parts and materials, set forth for signature by the customer. There are other specific requirements for the contract terms that might involve binding arbitration or waiver of jury rights in case of dispute. The consumer must be provided a pamphlet entitled "Home Repairs: Know your Consumer Rights." The act requires the contractor to maintain public liability and property damage insurance coverage.  The act is enforced by the county states attorney and/or attorney general's office of Illinois and does not provide a private right by a consumer to sue the contractor except as part of a Consumer Fraud Act (815 ILCS 505/ et seq.) action but can be asserted by the consumer as an affirmative defense to a collection effort by the contractor but not to any collection effort by a sub-contractor. Entry Nov 27, 2008

2. Carbon Monoxide Alarm Detector Act. 430 ILCS 135/1 et seq., requires single family homes to have a carbon monoxide alarm within 15 feet of every room used for sleeping. The statute is confusing but the State Fire Marshall has indicated that homes that do not rely on the burning of fuel for heat, ventilation or hot water; are not connected to a garage; and are not near a source of carbon monoxide (as determined by the local building commissioner) are not required to install carbon monoxide detectors. There are different rules for multiple family residences or living units in a mixed use building and landlord owned dwelling units. Entry Dec 1, 2008

3. Smoke Detector Act 425 ILCS 60/1 et seq., requires single family homes to have a smoke detector within 15 feet of every room used for sleeping and on each level of the home including the basement but not unoccupied attics. There are different rules for multiple family residences or living units in a mixed use building and landlord owned dwelling units. Entry Dec 1, 2008

4. Homeowners with animals in Illinois can no longer rely on the common law "one-bite" rule before they have liability for am injury caused by a animal, especially a dog bite. The Illinois Animal Control Act (510 ILCS 5/1 et seq.) makes an owner liable if the injury was caused by the animal, there was a lack of provocation and the injured party was involved with peaceable conduct and was where he or she had a right to be. Entry Nov 27, 2008  

5. Homeowners with a lake interest, whose land include a portion of a private nonnavigable lake bed or has an easement interest to the lake, have the right of reasonable use and enjoyment of the surface waters of the entire lake provided the use does not unduly interfere with the adjoining owners' reasonable use and enjoyment. Rights may be modified by written agreement. These can be complicated cases with many possible applicable water related statutes so each case must be considered on it own facts. Entry Nov 27, 2008.

6. Recent Mortgage Foreclosure changes: 

1. For new filings the mortgage foreclosure summons must have attached a homeowner notice of rights

2. Allows attorney fees and costs to any homeowner who successfully presents an affirmative defense or counterclaim in a foreclosure action

3. Requires notice of confirmation of foreclosure sale to a homeowner whether defaulted or not

4. Provides specific rights to renters of foreclosed property

5. Creates the Foreclosure Prevention Loan Fund to assist eligible applicants that might be forced into foreclosure

Entry Nov 27, 2008

7. Recent Mortgage related changes

1. Requires a lender to deliver an accurate mortgage payoff statement within 10 business days of a written demand

2. Requires those who provide mortgages to verify the borrower's ability to repay the loan and requires brokers to act in the best interest of the borrower. Special provisions apply to Cook County, Illinois, under the predatory lending database program.

Entry Nov 27, 2008

8. Illinois Anit-SLAPP Statute

In late 2007 Illinois enacted special protection for citizens including homeowners who exercise their constitutional rights to petition, associate, speak and otherwise communicate with government units or to influence government action in opposition to planned or proposed conduct by others. The problem had been, for example, if a homeowner spoke up against a planned development at a zoning hearing or wrote a letter to the newspapers in opposition, that homeowner might find himself sued by the developer for defamation as a means to "chill" or quiet opposition to the development. This act is found at 735 ILCS 110/1 et seq.

Entry Dec 30, 2008