Stickney — Ch. 19 Condominium Conversions § 19-12
Warranty; applicability; duration; escrow account to ensure compliance
Operative Text
(a) Any developer of a property submitted to the provisions of the Illinois Condominium Property Act shall be required to provide a warranty against any defects in the following components: (1) Roof; (2) Foundation; (3) External and supporting walls; (4) Central heating plant. (b) Said warranty shall cover the defects listed in this section for a period of one year from the date control of the condominium property passes to the board of managers. (c) Repair or replacement of the defects listed in this section shall be performed in a timely manner by the developer, following notification by the board of managers. (d) Warranty coverage shall not include the cost of normal, routine maintenance of the property components listed in this section, or defects caused by fire (not related to any breach of warranty), acts of God, vandalism or negligence of a unit owner. (e) To assure compliance with this section, the developer shall, at the time of each closing, place in escrow with a bank or trust company authorized to do business in Illinois, a sum equal to two percent of the total of each unit sale price. Said sum shall remain in escrow for a period of not less than one year from the date control of the condominium project passes to the board of managers, and all interest earnings on the sum held in escrow shall accrue solely to the developer. If no notice of claim by any unit owner is received within the one-year period by the developer, escrowee, or board of managers, the funds in escrow shall be returned to the developer. If notice of claim is received by the developer, escrowee, or board of managers, funds shall be retained in escrow in the amount of the claim, until the claim is adjusted between the claimant and the developer, or until the validity of the claim is determined by court action.
Stickney Ch. 19 § 19-12 requires developers who convert properties to condominiums under the Illinois Condominium Property Act to provide a one-year warranty covering defects in the roof, foundation, external and supporting walls, and central heating plant. The warranty period begins when control of the condominium passes to the board of managers, and the developer must make repairs or replacements in a timely manner after being notified. To back this obligation financially, the developer must deposit two percent of each unit's sale price into an escrow account at closing, which is held for at least one year and released only if no warranty claims are filed — or retained in the amount of any pending claim until it is resolved.
Plain English — not legal advice.
Developers operating under Stickney Ch. 19 § 19-12 generally maintain documentation showing that the required two-percent escrow deposit was made at each unit closing with a bank or trust company authorized to do business in Illinois. Compliant developers respond promptly to written warranty-claim notices from the board of managers regarding the four covered components — roof, foundation, external and supporting walls, and central heating plant — and complete repairs or replacements within a reasonable timeframe. Keeping clear records of the escrow account, interest accruals, and any claim correspondence helps demonstrate compliance throughout the one-year warranty period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Stickney Ch. 19 § 19-12, condominium unit owners have the benefit of a developer-backed warranty covering major structural and mechanical components for one year after the board of managers takes control of the property. If a defect appears in a covered component during that period, notifying the board of managers in writing is a recognized step, as the board can formally notify the developer and trigger the repair obligation — and, if necessary, initiate a claim against the escrow funds. Tenants or unit owners who believe a warranty claim is being ignored may wish to consult a tenant-rights organization or housing attorney familiar with Illinois condominium law to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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