765 Ill. Comp. Stat. 745 § 6.26
Affidavit of compliance with statutory requirements
Operative Text
Affidavit of compliance with statutory requirements. (a) A park owner may at any time record, in the official real estate records of the county or jurisdiction where a mobile home park is located, an affidavit in which the park owner certifies that: (i) with reference to an offer by the park owner for the sale of the park, the park owner has complied with the provisions of Section 6.25; (ii) notwithstanding the park owner's compliance with the provisions of Section 6.25, no contract has been executed for the sale of the park between the park owner and the park homeowners' association; (iii) the provisions of Section 6.25 are inapplicable to a particular sale or transfer of the park by the park owner and compliance with Section 6.25 is not required; or (iv) a particular sale or transfer of the park is exempted from the provisions of this Section. Any party acquiring an interest in a mobile home park and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title have the absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owner's compliance with the provisions of Section 6.25. (b) It is the purpose and intention of this Section to preserve the marketability of title to mobile home parks, and, accordingly, the provisions of this Section shall be liberally construed in order that all persons may rely on the record title to mobile home parks.
Section 6.26 of 765 Ill. Comp. Stat. 745 establishes a mechanism by which a mobile home park owner can record a formal affidavit in the county's official real estate records to document compliance—or inapplicability—of the homeowners' association notice and offer requirements found in Section 6.25. Once recorded, this affidavit may be conclusively relied upon by buyers, title insurance companies, and attorneys reviewing title, with no obligation to investigate further. The provision is explicitly designed to protect the marketability of title to mobile home parks, and its terms are to be interpreted broadly in favor of that goal.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 745 § 6.26, a compliant park owner who has completed a sale process—or who believes Section 6.25 does not apply to a particular transaction—generally records a sworn affidavit in the county's official real estate records attesting to one of the four enumerated circumstances. Operators typically ensure the affidavit accurately reflects the specific basis for compliance or exemption, since downstream parties such as title companies and buyers are entitled to rely on it without further inquiry. Maintaining accurate records of the Section 6.25 process, or the grounds for its inapplicability, supports the preparation of a truthful affidavit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For residents of a mobile home park, 765 Ill. Comp. Stat. 745 § 6.26 is relevant because it interacts directly with the homeowners' association rights established in Section 6.25—the provision that governs the association's opportunity to purchase the park before a sale. If a park owner records an affidavit under Section 6.26 claiming compliance or exemption, that recorded document carries significant legal weight in any title or transfer proceeding. Tenants and homeowners' associations who believe an affidavit was recorded inaccurately may wish to consult a tenant-rights organization or attorney familiar with Illinois mobile home park law to understand what options exist.
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 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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