Unlawful Restrictive Covenants

At the beginning of this year, a new state law went into effect allowing property owners to “execute and file a restrictive covenant modification to an unlawful restrictive covenant,” see Public Act 102-110.

The legislation was largely motivated by interested homeowners supported by their legislators, see Daily Herald January 5, 2022, so the association worked to avoid unintended consequences during the drafting of this legislation, but there is more work to do in its implementation.

The association has an opportunity to help county recorders and state’s attorneys offices provide a more uniform process, and will be taking recommendations from a joint ILTA committee working group to provide more education to association members as well as other interest groups.

A joint committee working group from the title counsel, legislative, or agent committees have convened to confirm working group goals:

  • Recommend elements for a more uniform form/process; and
  • Host one or more educational webinars in coordination with state’s attorneys, county clerks, and homeowner associations

For reference, below are two counties already providing some direction on this new process:

Click here to register for the next working group meeting on April 28th at 3pm to edit elements for a more uniform form/process.