If you're selling a condo in Illinois, your buyer's attorney will ask for the association's disclosure documents, often called the "22.1 package" after the section of the Illinois Condominium Property Act that requires them. Delays in getting it can hold up a closing, so it helps for both sellers and boards to know the rules.
This guide explains what's in the package, the deadlines and fees, what buyers should look for, the other association steps involved in a sale, and a practical timeline for sellers.
What the seller must provide
Under Section 22.1, an owner reselling a unit must obtain from the board, and make available to the prospective buyer on request:
1. The declaration, bylaws, other condominium instruments, and rules and regulations.
2. A statement of any liens, including the unit's account showing unpaid assessments and other charges.
3. A statement of any capital expenditures the association anticipates in the current or next two fiscal years.
4. The status and amount of the reserve fund, and any portion earmarked for a specific project.
5. The association's statement of financial condition for the last fiscal year available.
6. The status of any pending lawsuits or judgments involving the association.
7. A statement of what insurance coverage the association provides for owners.
8. A statement that any improvements or alterations the seller made to the unit or its limited common elements are, in good faith, believed to comply with the condominium instruments.
9. The name and mailing address of the association's principal officer or designated agent for notices.
New for 2027: Starting January 1, 2027, Public Act 104-734 adds a tenth item — a copy of the association's written collection policy.
If the association has waived its reserve requirement, that fact must be highlighted in bold in the disclosure. And the statement of account must show any assessments and legal fees a buyer at a foreclosure sale might owe under Section 9(g).
How fast the association must respond
The association's principal officer, or another designated officer, must provide the information within 10 business days of a written request. Sellers should request the package as soon as they list the unit — not after they have a contract.
What the association can charge
The association may charge the seller a reasonable fee covering the direct out-of-pocket cost of providing the information and copies. The fee is capped at $375, adjusted each year for inflation based on the Consumer Price Index, and the association may charge an additional $100 for rush service completed within 72 hours.
Fees above the cap, or "transfer fees" that don't reflect actual costs, may be challenged. Boards should make sure their manager's resale fees comply.
Other documents that often come up in a sale
The 22.1 package isn't the only association paperwork in a typical closing. Depending on the transaction, the association or its manager may also be asked for:
A lender questionnaire. The buyer's lender often asks the association to complete a questionnaire about the building — owner-occupancy rates, delinquencies, pending litigation, insurance and reserves — to decide whether it will lend in the project.
A paid assessment letter or account statement close to the closing date, confirming the seller's account is current or showing the amount to be paid at closing.
A certificate of insurance for the association's master policy, which the lender will require.
Move-out and move-in scheduling forms, if the building requires elevator reservations.
Because lenders' questions affect whether a buyer can get financing, boards and managers should respond to lender questionnaires promptly and accurately.
A seller's timeline
Every sale is different, but a typical Illinois condo sale follows a pattern like this:
1. Before listing: Review your account balance, gather any approvals for renovations, and read the rules on showings, lockboxes and signs.
2. At listing: Request the 22.1 package in writing, so it's ready when a buyer asks.
3. Under contract: Provide the package to the buyer. In Illinois, the contract typically goes through an attorney review period, and the buyer's attorney will review the association documents.
4. During financing: The buyer's lender sends the association a questionnaire and requests the master insurance certificate.
5. Before closing: Request a paid assessment letter or updated account statement; schedule your move-out with the building.
6. At closing: Any unpaid assessments, fees or recorded liens are typically paid from the sale proceeds.
7. After closing: Return keys, fobs, parking passes and garage remotes as your building requires, and make sure the association has the new owner's information.
For buyers: what to look for in the 22.1 package
The package tells you a great deal about the building you're buying into. Read it carefully — or have your attorney walk you through it — and look for:
Planned capital expenditures. Large projects in the next two years may mean special assessments. Ask how they'll be funded.
Reserve fund status. A healthy reserve fund suggests fewer surprises. A reserve waiver, highlighted in bold, is a significant warning sign.
Financial condition. Look for operating deficits, low cash, or large receivables that suggest many owners aren't paying.
Pending litigation. Lawsuits involving the association can affect finances and, sometimes, financing.
Insurance. Understand what the master policy covers and what your HO-6 policy will need to cover, including the deductible.
Rules. Check pet rules, leasing restrictions, renovation rules and parking rules to make sure the building fits your plans.
The seller's account. Confirm any unpaid balance will be resolved at closing.
Questions worth asking the seller or association include whether any special assessments have been approved or discussed, when the last reserve study was done, and whether any major repairs have been deferred.
Rights of first refusal and sale approval
Some older declarations give the association a right of first refusal or the right to approve sales. Illinois limits how these can be used. Under Section 22.2, an association may not exercise a right of refusal, an option to purchase, or a right to disapprove a sale:
because the buyer's financing is guaranteed by the Federal Housing Administration (FHA); or
for a discriminatory or otherwise unlawful purpose.
An owner harmed by a violation can sue the association.
If your declaration includes a right of first refusal, the association typically must be given notice of the sale and a set period to respond. Check your declaration for the process and build the time into your contract.
Other obligations when a unit changes hands
Account statements. Any owner is entitled to a statement of their account on 10 days' notice and payment of a reasonable fee (Section 18(i)).
Lender information. Within 15 days after recording a mortgage, the owner must give the board the lender's identity and a mailing address for notices. An owner who doesn't can be liable for the association's resulting costs and attorney fees.
Records. Association records provided in connection with another owner's sale aren't open to other owners' inspection.
Pending special assessments
If a special assessment has been adopted but not fully paid, the buyer and seller typically negotiate who pays the remaining installments — the seller at closing, the buyer going forward, or a split. The 22.1 package and account statement should show what's outstanding. Talk with your real estate attorney about how to address it in the contract.
Tips for sellers
1. Request the 22.1 package when you list.
2. Check your account balance and resolve any outstanding charges early.
3. Confirm that any renovations you made were approved, if your declaration requires approval.
4. Ask about planned special assessments — buyers and their lenders will.
5. Follow building rules for showings, open houses and lockboxes.
6. Schedule your move-out early, especially at month-end when elevators book up.
7. Keep a copy of everything you provide to the buyer.
Tips for boards and managers
1. Keep the components of the package current so it can be assembled quickly.
2. Track the 10-business-day deadline for every request.
3. Review your fee schedule each year against the inflation-adjusted cap.
4. Adopt your written collection policy before 2027 so it's ready to include.
5. Respond to lender questionnaires promptly and accurately — delays can cost a seller the sale.
6. Keep an up-to-date list of anticipated capital expenditures for the current and next two fiscal years.
7. Welcome new owners with a packet covering rules, contacts, payment options and emergency procedures.
Frequently asked questions
Who pays for the 22.1 package?
The association may charge the seller a reasonable fee, capped at $375 adjusted for inflation, plus up to $100 for rush service within 72 hours.
How long does the association have to provide it?
10 business days from the written request.
Does the buyer have to receive the package?
The seller must obtain it and make it available to the prospective buyer on request. In practice, the buyer's attorney almost always asks for it.
Can the association block my sale?
Only if your declaration gives it a right of first refusal or approval right, and even then it can't use that right because of FHA financing or for a discriminatory or unlawful purpose.
What if the package shows a special assessment?
Discuss it with your attorney. Buyers and sellers commonly negotiate who pays remaining installments.
The bottom line
The 22.1 disclosure package protects buyers by giving them a clear picture of the association's finances, rules and risks. For sellers, requesting it early avoids closing delays. For buyers, reading it carefully prevents surprises. For boards, keeping it ready is one of the simplest ways to serve owners well.
Related reading:
How Much Should an Illinois Condo Association Keep in Reserves?
Special Assessments in Illinois Condos: What the Board Can Do on Its Own, and When Owners Get a Vote
Illinois Condo Associations Need a Written Collection Policy by January 1, 2027
Leasing and Short-Term Rentals in Illinois Condos: What Boards Can Restrict and How
Pimmit Run Management prepares Illinois 22.1 disclosure packages quickly and within the statutory fee limits, with online ordering for sellers and their attorneys. Contact us to learn more.
This article is general information, not legal advice. Sellers should consult their real estate attorney; boards should consult the association's attorney.
This article is general information, not legal advice. Consult your association's attorney about your specific situation.