Illinois Condominium Section 22.1 Resale Disclosure Timing Calculator

How this calculator works

This is a timing-and-fee validator for an Illinois condominium § 22.1 resale disclosure. Given the contract-to-closing window, the days from contract execution to the written § 22.1 request, and the proposed disclosure fee, it returns:

1. The statutory 30-day delivery deadline under 765 ILCS 605/22.1(b).
2. The number of days between the deadline and the scheduled closing — the risk buffer for late delivery, packet review, and buyer follow-up.
3. A risk category (on-time, at-risk, late) for delivery before closing.
4. A fee compliance band (within-range, borderline, above-range) against the reasonable-fee standard under § 22.1(c).
5. A verdict-text summary and the full nine-item statutory disclosure checklist suitable for the listing-agent file.

Use the calculator at contract signing to confirm the request is ordered in time to satisfy the 30-day window with adequate buffer; use it during the disclosure-review period to validate that the fee is defensible; use it after a missed deadline to document the timing gap and the closing-coordination consequences.

The relevant Illinois Condominium Property Act statute

Illinois condominium resale disclosure is governed by the Condominium Property Act:

765 ILCS 605/22.1(a) — Mandatory disclosure items the seller must furnish to the prospective purchaser. The items are produced by the board of managers (or its agent) on request.

765 ILCS 605/22.1(b) — The board (or its designated agent) must respond to a written request from the unit owner within 30 days after receipt of the request. The 30-day clock starts when the WRITTEN request is received, not when the unit owner first asks orally or via email without the statutory request form.

765 ILCS 605/22.1(c) — The board may charge a reasonable fee to cover the direct out-of-pocket cost of producing and copying the disclosure. Charges in excess of the direct cost are treated as unenforceable under Illinois case law and IDFPR guidance.

765 ILCS 605/22.1(d) — Statement of unpaid common-expense assessments and any pending capital expenditures must be included in the disclosure packet.

765 ILCS 605/22.2 — The developer first-sale disclosure regime — distinct from the § 22.1 resale path. Section 22.2 imposes additional content (projected operating budget, proposed management contract, engineering reports, unit survey and floor plans, developer warranties) that a resale seller does not need to provide.

765 ILCS 160/1-35 — Parallel CICAA resale disclosure for non-condominium common-interest communities — townhome HOAs, lot subdivision HOAs, and similar. Structure mirrors § 22.1.

Key thresholds and gotchas

The 30-day clock starts on WRITTEN receipt, not on oral notice. Sellers should deliver a written § 22.1 request the same day the contract is signed (or earlier if permitted by the association). An email request counts as written; a phone-call request does not.

A tight closing window compresses the disclosure window. A 30-day contract-to-closing window leaves zero buffer after the 30-day disclosure response. A 45-day window leaves 15 days for delivery, packet review, buyer follow-up, and the closing itself. A 60-day window leaves 30 days of buffer — the most comfortable.

The disclosure CANNOT be waived. Section 22.1 is a mandatory consumer-protection statute. A contract provision purporting to waive the disclosure is unenforceable. The buyer may accept a delivered-but-incomplete packet — but the parties should document the partial delivery in an addendum, and the buyer should reserve the right to terminate if the missing content is materially adverse when finally delivered.

Fees above $375 should carry an itemized breakdown. Section 22.1(c) caps the fee at a reasonable amount covering direct out-of-pocket cost. Commercial vendors charge $200-$400; fees above $375 should be supported by an itemized direct-cost breakdown (staff time, copying, courier delivery, third-party platform fees). Sellers faced with unsupported high fees can demand the breakdown or pay under protest and pursue refund separately.

§ 22.1 is the RESALE path; § 22.2 is the DEVELOPER path. If the unit is being sold for the first time by the developer, use § 22.2 (additional content; different timing). If the unit has previously been sold to a non-developer purchaser, use § 22.1.

CICAA mirrors § 22.1 for non-condominium communities. Townhome HOAs and lot subdivision HOAs under 765 ILCS 160 use 765 ILCS 160/1-35, which has a similar 30-day window and reasonable-fee structure but tailored content. This calculator addresses the condominium § 22.1 path.

Worked example: 45-day contract with same-day request

Contract executed on day 0. Closing scheduled day 45. § 22.1 request delivered to the board on day 0 (same day as contract signing). Fee: $275.

• Statutory deadline: day 30 (request day 0 + 30 days).
• Days before closing: 45 minus 30 = 15.
• Risk: ON TIME (15 days of buffer for review and buyer follow-up).
• Fee: $275 within the customary range. WITHIN-RANGE compliance band.

This is the comfortable case — the seller has done everything right and the timing has adequate margin.

Worked example: 30-day contract with delayed request

Contract executed on day 0. Closing scheduled day 30. § 22.1 request delivered on day 10 (seller delay — perhaps waiting for buyer financing contingency). Fee: $275.

• Statutory deadline: day 10 plus 30 = day 40.
• Days before closing: 30 minus 40 = MINUS 10.
• Risk: LATE. Deadline is 10 days AFTER closing.

The packet cannot be delivered before closing unless the association moves faster than the statutory deadline. The seller must either (a) reschedule closing, (b) negotiate an addendum with the buyer accepting delivery post-closing, or (c) attempt to push the association to expedite production — which the association is not obligated to do. The 10-day delay in ordering the packet was the proximate cause of the timing failure; sellers should order the packet on contract day or before.

Worked example: borderline fee with buffer

Contract day 0. Closing day 60. Request day 1. Fee: $375.

• Deadline: day 31. Days before closing: 29. Risk: ON TIME.
• Fee: $375 — exactly at the soft ceiling. BORDERLINE compliance band.

The timing is fine. The fee is at the high end of the customary range; the association should be prepared to support the charge with an itemized direct-cost breakdown. If the seller asks for a breakdown and the association cannot provide one, the seller can pay under protest and pursue refund — or simply absorb the fee at closing.

Worked example: above-range fee

Contract day 0. Closing day 45. Request day 0. Fee: $750.

• Deadline: day 30. Days before closing: 15. Risk: ON TIME.
• Fee: $750 — DOUBLE the soft ceiling. ABOVE-RANGE compliance band.

The fee exceeds the reasonable-fee standard. Section 22.1(c) limits the charge to direct out-of-pocket cost; $750 likely exceeds direct cost for a standard resale packet. The seller should request an itemized direct-cost breakdown before paying. If the breakdown does not support the charge, the seller has grounds to dispute the fee — but in practice most sellers pay at closing to avoid delays and pursue the dispute post-closing.

What this calculator does NOT model

The calculator implements the § 22.1 TIMING and FEE-COMPLIANCE math. It does NOT:

• Generate the actual disclosure packet content. The nine-item checklist is a starting point; the packet must be produced from association records by the board or its designated agent.
• Compute the lien-and-assessment dollar amounts for item (2) — that is the work of the companion CICAA assessment lien calculator.
• Validate the reserve-replacement-fund balance for item (4) — that is the work of a reserve study, not a calculator.
• Compute the developer first-sale § 22.2 packet content (additional items: projected operating budget, proposed management contract, engineering reports, unit survey and floor plans, developer warranties).
• Compute the parallel CICAA § 160/1-35 disclosure for non-condominium common-interest communities (similar structure, different content list).
• Validate compliance with the federal Truth in Lending or RESPA closing-disclosure regimes (those are buyer-side mortgage disclosures, not seller-side condominium disclosures).
• Provide legal advice on whether a missed deadline constitutes a contract breach or a basis for buyer termination — those are fact-specific contract-interpretation questions for Illinois counsel.

For any consequential disclosure dispute (alleged late delivery, fee challenge, post-closing claim that the packet was incomplete), retain Illinois counsel with condominium-resale experience.

Counting conventions

The calculator treats all dates as whole calendar days. Day 0 is the contract execution date; day 30 is the statutory deadline if the request is delivered on day 0. Partial days are not counted — a request delivered at 11:59 pm on day 5 has the same statutory deadline as a request delivered at 12:01 am on day 5.

The calculator uses a 5-day on-time buffer. A deadline that falls exactly at closing (zero days before) is classified AT RISK, not ON TIME — because there is no buffer for delivery delays, packet review, or buyer follow-up. A deadline that falls 5 days before closing is the minimum ON TIME threshold; less than 5 days is AT RISK; after closing is LATE.

The fee compliance bands are: WITHIN RANGE (up to 80 percent of the soft ceiling, currently $300 of the $375 ceiling); BORDERLINE (between 80 and 100 percent of the ceiling, $300 to $375); ABOVE RANGE (above the ceiling, more than $375). The ceiling is a calculator default and may be adjusted as commercial practice evolves; the underlying statutory standard is "reasonable fee covering direct out-of-pocket cost," and the calculator's ceiling is a practical proxy for that standard.

Sources

Last reviewed: 2026-05-16 against:

• 765 ILCS 605/22.1 (Illinois Condominium Property Act resale disclosure).
• 765 ILCS 605/22.1(a) (nine-item statutory content list).
• 765 ILCS 605/22.1(b) (30-day response window).
• 765 ILCS 605/22.1(c) (reasonable fee limitation).
• 765 ILCS 605/22.1(d) (statement of unpaid assessments and pending capital expenditures).
• 765 ILCS 605/22.2 (developer first-sale disclosure regime).
• 765 ILCS 160/1-35 (parallel CICAA resale disclosure for non-condominium common-interest communities).
• 225 ILCS 427 (Community Association Manager Licensing and Disciplinary Act — managers who produce the packet on behalf of the board).
• IDFPR Division of Real Estate guidance on association-fee reasonableness.