100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2931

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 605/18  from Ch. 30, par. 318
765 ILCS 605/31  from Ch. 30, par. 331

    Amends the Condominium Property Act. Provides that condominium bylaws shall provide that notwithstanding any provision in the condominium instruments to the contrary, the board of managers has discretion to: (i) address any budget surplus by transferring the surplus funds or portion thereof to the association's capital or operating reserves or applying the surplus funds to any other common expense; and (ii) address any deficit by incorporating the deficit into the following year's annual budget. In provisions governing the combination of units, defines "combination of any units". Provides that the exclusive right to use as a limited common element any portion of the common elements that is not necessary or practical for use by the owners of any other units is not a diminution of the ownership interests of all other unit owners requiring unanimous consent of all unit owners under other provisions of the Act or any percentage set forth in the condominium instruments. Provides that notwithstanding other provisions of the Act or the condominium instruments, an amendment pursuant to the Section governing combination of units is effective if it meets the requirements set forth in that Section.


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A BILL FOR

 

HB2931LRB100 10223 HEP 20406 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Condominium Property Act is amended by
5changing Sections 18 and 31 as follows:
 
6    (765 ILCS 605/18)  (from Ch. 30, par. 318)
7    Sec. 18. Contents of bylaws. The bylaws shall provide for
8at least the following:
9        (a)(1) The election from among the unit owners of a
10    board of managers, the number of persons constituting such
11    board, and that the terms of at least one-third of the
12    members of the board shall expire annually and that all
13    members of the board shall be elected at large; if there
14    are multiple owners of a single unit, only one of the
15    multiple owners shall be eligible to serve as a member of
16    the board at any one time;
17        (2) the powers and duties of the board;
18        (3) the compensation, if any, of the members of the
19    board;
20        (4) the method of removal from office of members of the
21    board;
22        (5) that the board may engage the services of a manager
23    or managing agent;

 

 

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1        (6) that each unit owner shall receive, at least 25
2    days prior to the adoption thereof by the board of
3    managers, a copy of the proposed annual budget together
4    with an indication of which portions are intended for
5    reserves, capital expenditures or repairs or payment of
6    real estate taxes;
7        (7) that the board of managers shall annually supply to
8    all unit owners an itemized accounting of the common
9    expenses for the preceding year actually incurred or paid,
10    together with an indication of which portions were for
11    reserves, capital expenditures or repairs or payment of
12    real estate taxes and with a tabulation of the amounts
13    collected pursuant to the budget or assessment, and showing
14    the net excess or deficit of income over expenditures plus
15    reserves; and that notwithstanding any provision in the
16    condominium instruments to the contrary, the board of
17    managers has discretion to: (i) address any budget surplus
18    by transferring the surplus funds or portion thereof to the
19    association's capital or operating reserves or applying
20    the surplus funds to any other common expense; and (ii)
21    address any deficit by incorporating the deficit into the
22    following year's annual budget.
23        (8)(i) that each unit owner shall receive notice, in
24    the same manner as is provided in this Act for membership
25    meetings, of any meeting of the board of managers
26    concerning the adoption of the proposed annual budget and

 

 

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1    regular assessments pursuant thereto or to adopt a separate
2    (special) assessment, (ii) that except as provided in
3    subsection (iv) below, if an adopted budget or any separate
4    assessment adopted by the board would result in the sum of
5    all regular and separate assessments payable in the current
6    fiscal year exceeding 115% of the sum of all regular and
7    separate assessments payable during the preceding fiscal
8    year, the board of managers, upon written petition by unit
9    owners with 20 percent of the votes of the association
10    delivered to the board within 14 days of the board action,
11    shall call a meeting of the unit owners within 30 days of
12    the date of delivery of the petition to consider the budget
13    or separate assessment; unless a majority of the total
14    votes of the unit owners are cast at the meeting to reject
15    the budget or separate assessment, it is ratified, (iii)
16    that any common expense not set forth in the budget or any
17    increase in assessments over the amount adopted in the
18    budget shall be separately assessed against all unit
19    owners, (iv) that separate assessments for expenditures
20    relating to emergencies or mandated by law may be adopted
21    by the board of managers without being subject to unit
22    owner approval or the provisions of item (ii) above or item
23    (v) below. As used herein, "emergency" means an immediate
24    danger to the structural integrity of the common elements
25    or to the life, health, safety or property of the unit
26    owners, (v) that assessments for additions and alterations

 

 

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1    to the common elements or to association-owned property not
2    included in the adopted annual budget, shall be separately
3    assessed and are subject to approval of two-thirds of the
4    total votes of all unit owners, (vi) that the board of
5    managers may adopt separate assessments payable over more
6    than one fiscal year. With respect to multi-year
7    assessments not governed by items (iv) and (v), the entire
8    amount of the multi-year assessment shall be deemed
9    considered and authorized in the first fiscal year in which
10    the assessment is approved;
11        (9)(A) that every meeting of the board of managers
12    shall be open to any unit owner, except that the board may
13    close any portion of a noticed meeting or meet separately
14    from a noticed meeting to: (i) discuss litigation when an
15    action against or on behalf of the particular association
16    has been filed and is pending in a court or administrative
17    tribunal, or when the board of managers finds that such an
18    action is probable or imminent, (ii) discuss the
19    appointment, employment, engagement, or dismissal of an
20    employee, independent contractor, agent, or other provider
21    of goods and services, (iii) interview a potential
22    employee, independent contractor, agent, or other provider
23    of goods and services, (iv) discuss violations of rules and
24    regulations of the association, (v) discuss a unit owner's
25    unpaid share of common expenses, or (vi) consult with the
26    association's legal counsel; that any vote on these matters

 

 

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1    shall take place at a meeting of the board of managers or
2    portion thereof open to any unit owner;
3        (B) that board members may participate in and act at
4    any meeting of the board of managers in person, by
5    telephonic means, or by use of any acceptable technological
6    means whereby all persons participating in the meeting can
7    communicate with each other; that participation
8    constitutes attendance and presence in person at the
9    meeting;
10        (C) that any unit owner may record the proceedings at
11    meetings of the board of managers or portions thereof
12    required to be open by this Act by tape, film or other
13    means, and that the board may prescribe reasonable rules
14    and regulations to govern the right to make such
15    recordings;
16        (D) that notice of every meeting of the board of
17    managers shall be given to every board member at least 48
18    hours prior thereto, unless the board member waives notice
19    of the meeting pursuant to subsection (a) of Section 18.8;
20    and
21        (E) that notice of every meeting of the board of
22    managers shall be posted in entranceways, elevators, or
23    other conspicuous places in the condominium at least 48
24    hours prior to the meeting of the board of managers except
25    where there is no common entranceway for 7 or more units,
26    the board of managers may designate one or more locations

 

 

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1    in the proximity of these units where the notices of
2    meetings shall be posted; that notice of every meeting of
3    the board of managers shall also be given at least 48 hours
4    prior to the meeting, or such longer notice as this Act may
5    separately require, to: (i) each unit owner who has
6    provided the association with written authorization to
7    conduct business by acceptable technological means, and
8    (ii) to the extent that the condominium instruments of an
9    association require, to each other unit owner, as required
10    by subsection (f) of Section 18.8, by mail or delivery, and
11    that no other notice of a meeting of the board of managers
12    need be given to any unit owner;
13        (10) that the board shall meet at least 4 times
14    annually;
15        (11) that no member of the board or officer shall be
16    elected for a term of more than 2 years, but that officers
17    and board members may succeed themselves;
18        (12) the designation of an officer to mail and receive
19    all notices and execute amendments to condominium
20    instruments as provided for in this Act and in the
21    condominium instruments;
22        (13) the method of filling vacancies on the board which
23    shall include authority for the remaining members of the
24    board to fill the vacancy by two-thirds vote until the next
25    annual meeting of unit owners or for a period terminating
26    no later than 30 days following the filing of a petition

 

 

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1    signed by unit owners holding 20% of the votes of the
2    association requesting a meeting of the unit owners to fill
3    the vacancy for the balance of the term, and that a meeting
4    of the unit owners shall be called for purposes of filling
5    a vacancy on the board no later than 30 days following the
6    filing of a petition signed by unit owners holding 20% of
7    the votes of the association requesting such a meeting, and
8    the method of filling vacancies among the officers that
9    shall include the authority for the members of the board to
10    fill the vacancy for the unexpired portion of the term;
11        (14) what percentage of the board of managers, if other
12    than a majority, shall constitute a quorum;
13        (15) provisions concerning notice of board meetings to
14    members of the board;
15        (16) the board of managers may not enter into a
16    contract with a current board member or with a corporation
17    or partnership in which a board member or a member of the
18    board member's immediate family has 25% or more interest,
19    unless notice of intent to enter the contract is given to
20    unit owners within 20 days after a decision is made to
21    enter into the contract and the unit owners are afforded an
22    opportunity by filing a petition, signed by 20% of the unit
23    owners, for an election to approve or disapprove the
24    contract; such petition shall be filed within 20 days after
25    such notice and such election shall be held within 30 days
26    after filing the petition; for purposes of this subsection,

 

 

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1    a board member's immediate family means the board member's
2    spouse, parents, and children;
3        (17) that the board of managers may disseminate to unit
4    owners biographical and background information about
5    candidates for election to the board if (i) reasonable
6    efforts to identify all candidates are made and all
7    candidates are given an opportunity to include
8    biographical and background information in the information
9    to be disseminated; and (ii) the board does not express a
10    preference in favor of any candidate;
11        (18) any proxy distributed for board elections by the
12    board of managers gives unit owners the opportunity to
13    designate any person as the proxy holder, and gives the
14    unit owner the opportunity to express a preference for any
15    of the known candidates for the board or to write in a
16    name;
17        (19) that special meetings of the board of managers can
18    be called by the president or 25% of the members of the
19    board;
20        (20) that the board of managers may establish and
21    maintain a system of master metering of public utility
22    services and collect payments in connection therewith,
23    subject to the requirements of the Tenant Utility Payment
24    Disclosure Act; and
25        (21) that the board may ratify and confirm actions of
26    the members of the board taken in response to an emergency,

 

 

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1    as that term is defined in subdivision (a)(8)(iv) of this
2    Section; that the board shall give notice to the unit
3    owners of: (i) the occurrence of the emergency event within
4    7 business days after the emergency event, and (ii) the
5    general description of the actions taken to address the
6    event within 7 days after the emergency event.
7        The intent of the provisions of Public Act 99-472
8    adding this paragraph (21) is to empower and support boards
9    to act in emergencies.
10        (b)(1) What percentage of the unit owners, if other
11    than 20%, shall constitute a quorum provided that, for
12    condominiums with 20 or more units, the percentage of unit
13    owners constituting a quorum shall be 20% unless the unit
14    owners holding a majority of the percentage interest in the
15    association provide for a higher percentage, provided that
16    in voting on amendments to the association's bylaws, a unit
17    owner who is in arrears on the unit owner's regular or
18    separate assessments for 60 days or more, shall not be
19    counted for purposes of determining if a quorum is present,
20    but that unit owner retains the right to vote on amendments
21    to the association's bylaws;
22        (2) that the association shall have one class of
23    membership;
24        (3) that the members shall hold an annual meeting, one
25    of the purposes of which shall be to elect members of the
26    board of managers;

 

 

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1        (4) the method of calling meetings of the unit owners;
2        (5) that special meetings of the members can be called
3    by the president, board of managers, or by 20% of unit
4    owners;
5        (6) that written notice of any membership meeting shall
6    be mailed or delivered giving members no less than 10 and
7    no more than 30 days notice of the time, place and purpose
8    of such meeting except that notice may be sent, to the
9    extent the condominium instruments or rules adopted
10    thereunder expressly so provide, by electronic
11    transmission consented to by the unit owner to whom the
12    notice is given, provided the director and officer or his
13    agent certifies in writing to the delivery by electronic
14    transmission;
15        (7) that voting shall be on a percentage basis, and
16    that the percentage vote to which each unit is entitled is
17    the percentage interest of the undivided ownership of the
18    common elements appurtenant thereto, provided that the
19    bylaws may provide for approval by unit owners in
20    connection with matters where the requisite approval on a
21    percentage basis is not specified in this Act, on the basis
22    of one vote per unit;
23        (8) that, where there is more than one owner of a unit,
24    if only one of the multiple owners is present at a meeting
25    of the association, he is entitled to cast all the votes
26    allocated to that unit, if more than one of the multiple

 

 

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1    owners are present, the votes allocated to that unit may be
2    cast only in accordance with the agreement of a majority in
3    interest of the multiple owners, unless the declaration
4    expressly provides otherwise, that there is majority
5    agreement if any one of the multiple owners cast the votes
6    allocated to that unit without protest being made promptly
7    to the person presiding over the meeting by any of the
8    other owners of the unit;
9        (9)(A) except as provided in subparagraph (B) of this
10    paragraph (9) in connection with board elections, that a
11    unit owner may vote by proxy executed in writing by the
12    unit owner or by his duly authorized attorney in fact; that
13    the proxy must bear the date of execution and, unless the
14    condominium instruments or the written proxy itself
15    provide otherwise, is invalid after 11 months from the date
16    of its execution; to the extent the condominium instruments
17    or rules adopted thereunder expressly so provide, a vote or
18    proxy may be submitted by electronic transmission,
19    provided that any such electronic transmission shall
20    either set forth or be submitted with information from
21    which it can be determined that the electronic transmission
22    was authorized by the unit owner or the unit owner's proxy;
23        (B) that if a rule adopted at least 120 days before a
24    board election or the declaration or bylaws provide for
25    balloting as set forth in this subsection, unit owners may
26    not vote by proxy in board elections, but may vote only (i)

 

 

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1    by submitting an association-issued ballot in person at the
2    election meeting or (ii) by submitting an
3    association-issued ballot to the association or its
4    designated agent by mail or other means of delivery
5    specified in the declaration, bylaws, or rule; that the
6    ballots shall be mailed or otherwise distributed to unit
7    owners not less than 10 and not more than 30 days before
8    the election meeting, and the board shall give unit owners
9    not less than 21 days' prior written notice of the deadline
10    for inclusion of a candidate's name on the ballots; that
11    the deadline shall be no more than 7 days before the
12    ballots are mailed or otherwise distributed to unit owners;
13    that every such ballot must include the names of all
14    candidates who have given the board or its authorized agent
15    timely written notice of their candidacy and must give the
16    person casting the ballot the opportunity to cast votes for
17    candidates whose names do not appear on the ballot; that a
18    ballot received by the association or its designated agent
19    after the close of voting shall not be counted; that a unit
20    owner who submits a ballot by mail or other means of
21    delivery specified in the declaration, bylaws, or rule may
22    request and cast a ballot in person at the election
23    meeting, and thereby void any ballot previously submitted
24    by that unit owner;
25        (B-5) that if a rule adopted at least 120 days before a
26    board election or the declaration or bylaws provide for

 

 

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1    balloting as set forth in this subparagraph, unit owners
2    may not vote by proxy in board elections, but may vote only
3    (i) by submitting an association-issued ballot in person at
4    the election meeting; or (ii) by any acceptable
5    technological means as defined in Section 2 of this Act;
6    instructions regarding the use of electronic means for
7    voting shall be distributed to all unit owners not less
8    than 10 and not more than 30 days before the election
9    meeting, and the board shall give unit owners not less than
10    21 days' prior written notice of the deadline for inclusion
11    of a candidate's name on the ballots; the deadline shall be
12    no more than 7 days before the instructions for voting
13    using electronic or acceptable technological means is
14    distributed to unit owners; every instruction notice must
15    include the names of all candidates who have given the
16    board or its authorized agent timely written notice of
17    their candidacy and must give the person voting through
18    electronic or acceptable technological means the
19    opportunity to cast votes for candidates whose names do not
20    appear on the ballot; a unit owner who submits a vote using
21    electronic or acceptable technological means may request
22    and cast a ballot in person at the election meeting,
23    thereby voiding any vote previously submitted by that unit
24    owner;
25        (C) that if a written petition by unit owners with at
26    least 20% of the votes of the association is delivered to

 

 

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1    the board within 14 days after the board's approval of a
2    rule adopted pursuant to subparagraph (B) or subparagraph
3    (B-5) of this paragraph (9), the board shall call a meeting
4    of the unit owners within 30 days after the date of
5    delivery of the petition; that unless a majority of the
6    total votes of the unit owners are cast at the meeting to
7    reject the rule, the rule is ratified;
8        (D) that votes cast by ballot under subparagraph (B) or
9    electronic or acceptable technological means under
10    subparagraph (B-5) of this paragraph (9) are valid for the
11    purpose of establishing a quorum;
12        (10) that the association may, upon adoption of the
13    appropriate rules by the board of managers, conduct
14    elections by secret ballot whereby the voting ballot is
15    marked only with the percentage interest for the unit and
16    the vote itself, provided that the board further adopt
17    rules to verify the status of the unit owner issuing a
18    proxy or casting a ballot; and further, that a candidate
19    for election to the board of managers or such candidate's
20    representative shall have the right to be present at the
21    counting of ballots at such election;
22        (11) that in the event of a resale of a condominium
23    unit the purchaser of a unit from a seller other than the
24    developer pursuant to an installment contract for purchase
25    shall during such times as he or she resides in the unit be
26    counted toward a quorum for purposes of election of members

 

 

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1    of the board of managers at any meeting of the unit owners
2    called for purposes of electing members of the board, shall
3    have the right to vote for the election of members of the
4    board of managers and to be elected to and serve on the
5    board of managers unless the seller expressly retains in
6    writing any or all of such rights. In no event may the
7    seller and purchaser both be counted toward a quorum, be
8    permitted to vote for a particular office or be elected and
9    serve on the board. Satisfactory evidence of the
10    installment contract shall be made available to the
11    association or its agents. For purposes of this subsection,
12    "installment contract" shall have the same meaning as set
13    forth in Section 1(e) of the Dwelling Unit Installment
14    Contract Act;
15        (12) the method by which matters subject to the
16    approval of unit owners set forth in this Act, or in the
17    condominium instruments, will be submitted to the unit
18    owners at special membership meetings called for such
19    purposes; and
20        (13) that matters subject to the affirmative vote of
21    not less than 2/3 of the votes of unit owners at a meeting
22    duly called for that purpose, shall include, but not be
23    limited to:
24        (i) merger or consolidation of the association;
25        (ii) sale, lease, exchange, or other disposition
26        (excluding the mortgage or pledge) of all, or

 

 

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1        substantially all of the property and assets of the
2        association; and
3        (iii) the purchase or sale of land or of units on
4        behalf of all unit owners.
5        (c) Election of a president from among the board of
6    managers, who shall preside over the meetings of the board
7    of managers and of the unit owners.
8        (d) Election of a secretary from among the board of
9    managers, who shall keep the minutes of all meetings of the
10    board of managers and of the unit owners and who shall, in
11    general, perform all the duties incident to the office of
12    secretary.
13        (e) Election of a treasurer from among the board of
14    managers, who shall keep the financial records and books of
15    account.
16        (f) Maintenance, repair and replacement of the common
17    elements and payments therefor, including the method of
18    approving payment vouchers.
19        (g) An association with 30 or more units shall obtain
20    and maintain fidelity insurance covering persons who
21    control or disburse funds of the association for the
22    maximum amount of coverage available to protect funds in
23    the custody or control of the association plus the
24    association reserve fund. All management companies which
25    are responsible for the funds held or administered by the
26    association shall maintain and furnish to the association a

 

 

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1    fidelity bond for the maximum amount of coverage available
2    to protect funds in the custody of the management company
3    at any time. The association shall bear the cost of the
4    fidelity insurance and fidelity bond, unless otherwise
5    provided by contract between the association and a
6    management company. The association shall be the direct
7    obligee of any such fidelity bond. A management company
8    holding reserve funds of an association shall at all times
9    maintain a separate account for each association,
10    provided, however, that for investment purposes, the Board
11    of Managers of an association may authorize a management
12    company to maintain the association's reserve funds in a
13    single interest bearing account with similar funds of other
14    associations. The management company shall at all times
15    maintain records identifying all moneys of each
16    association in such investment account. The management
17    company may hold all operating funds of associations which
18    it manages in a single operating account but shall at all
19    times maintain records identifying all moneys of each
20    association in such operating account. Such operating and
21    reserve funds held by the management company for the
22    association shall not be subject to attachment by any
23    creditor of the management company.
24        For the purpose of this subsection, a management
25    company shall be defined as a person, partnership,
26    corporation, or other legal entity entitled to transact

 

 

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1    business on behalf of others, acting on behalf of or as an
2    agent for a unit owner, unit owners or association of unit
3    owners for the purpose of carrying out the duties,
4    responsibilities, and other obligations necessary for the
5    day to day operation and management of any property subject
6    to this Act. For purposes of this subsection, the term
7    "fiduciary insurance coverage" shall be defined as both a
8    fidelity bond and directors and officers liability
9    coverage, the fidelity bond in the full amount of
10    association funds and association reserves that will be in
11    the custody of the association, and the directors and
12    officers liability coverage at a level as shall be
13    determined to be reasonable by the board of managers, if
14    not otherwise established by the declaration or by laws.
15        Until one year after September 21, 1985 (the effective
16    date of Public Act 84-722), if a condominium association
17    has reserves plus assessments in excess of $250,000 and
18    cannot reasonably obtain 100% fidelity bond coverage for
19    such amount, then it must obtain a fidelity bond coverage
20    of $250,000.
21        (h) Method of estimating the amount of the annual
22    budget, and the manner of assessing and collecting from the
23    unit owners their respective shares of such estimated
24    expenses, and of any other expenses lawfully agreed upon.
25        (i) That upon 10 days notice to the manager or board of
26    managers and payment of a reasonable fee, any unit owner

 

 

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1    shall be furnished a statement of his account setting forth
2    the amount of any unpaid assessments or other charges due
3    and owing from such owner.
4        (j) Designation and removal of personnel necessary for
5    the maintenance, repair and replacement of the common
6    elements.
7        (k) Such restrictions on and requirements respecting
8    the use and maintenance of the units and the use of the
9    common elements, not set forth in the declaration, as are
10    designed to prevent unreasonable interference with the use
11    of their respective units and of the common elements by the
12    several unit owners.
13        (l) Method of adopting and of amending administrative
14    rules and regulations governing the operation and use of
15    the common elements.
16        (m) The percentage of votes required to modify or amend
17    the bylaws, but each one of the particulars set forth in
18    this section shall always be embodied in the bylaws.
19        (n)(i) The provisions of this Act, the declaration,
20    bylaws, other condominium instruments, and rules and
21    regulations that relate to the use of the individual unit
22    or the common elements shall be applicable to any person
23    leasing a unit and shall be deemed to be incorporated in
24    any lease executed or renewed on or after August 30, 1984
25    (the effective date of Public Act 83-1271).
26        (ii) With regard to any lease entered into subsequent

 

 

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1    to July 1, 1990 (the effective date of Public Act 86-991),
2    the unit owner leasing the unit shall deliver a copy of the
3    signed lease to the board or if the lease is oral, a
4    memorandum of the lease, not later than the date of
5    occupancy or 10 days after the lease is signed, whichever
6    occurs first. In addition to any other remedies, by filing
7    an action jointly against the tenant and the unit owner, an
8    association may seek to enjoin a tenant from occupying a
9    unit or seek to evict a tenant under the provisions of
10    Article IX of the Code of Civil Procedure for failure of
11    the lessor-owner to comply with the leasing requirements
12    prescribed by this Section or by the declaration, bylaws,
13    and rules and regulations. The board of managers may
14    proceed directly against a tenant, at law or in equity, or
15    under the provisions of Article IX of the Code of Civil
16    Procedure, for any other breach by tenant of any covenants,
17    rules, regulations or bylaws.
18        (o) The association shall have no authority to forbear
19    the payment of assessments by any unit owner.
20        (p) That when 30% or fewer of the units, by number,
21    possess over 50% in the aggregate of the votes in the
22    association, any percentage vote of members specified
23    herein or in the condominium instruments shall require the
24    specified percentage by number of units rather than by
25    percentage of interest in the common elements allocated to
26    units that would otherwise be applicable and garage units

 

 

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1    or storage units, or both, shall have, in total, no more
2    votes than their aggregate percentage of ownership in the
3    common elements; this shall mean that if garage units or
4    storage units, or both, are to be given a vote, or portion
5    of a vote, that the association must add the total number
6    of votes cast of garage units, storage units, or both, and
7    divide the total by the number of garage units, storage
8    units, or both, and multiply by the aggregate percentage of
9    ownership of garage units and storage units to determine
10    the vote, or portion of a vote, that garage units or
11    storage units, or both, have. For purposes of this
12    subsection (p), when making a determination of whether 30%
13    or fewer of the units, by number, possess over 50% in the
14    aggregate of the votes in the association, a unit shall not
15    include a garage unit or a storage unit.
16        (q) That a unit owner may not assign, delegate,
17    transfer, surrender, or avoid the duties,
18    responsibilities, and liabilities of a unit owner under
19    this Act, the condominium instruments, or the rules and
20    regulations of the Association; and that such an attempted
21    assignment, delegation, transfer, surrender, or avoidance
22    shall be deemed void.
23    The provisions of this Section are applicable to all
24condominium instruments recorded under this Act. Any portion of
25a condominium instrument which contains provisions contrary to
26these provisions shall be void as against public policy and

 

 

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1ineffective. Any such instrument which fails to contain the
2provisions required by this Section shall be deemed to
3incorporate such provisions by operation of law.
4(Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16;
599-567, eff. 1-1-17; 99-642, eff. 7-28-16.)
 
6    (765 ILCS 605/31)  (from Ch. 30, par. 331)
7    Sec. 31. Subdivision or combination of units.
8    (a) As used in this Section, "combination of any units"
9means any 2 or more residential units to be used as a single
10unit as shown on the plat or amended plat, which may involve,
11without limitation, additional exclusive use of a portion of
12the common elements within the building adjacent to the
13combined unit (for example, without limitation, the use of a
14portion of an adjacent common hallway).
15    (b) Unless the condominium instruments expressly prohibit
16the subdivision or combination of any units, and subject to
17additional limitations provided by the condominium
18instruments, the owner or owners may, at their own expense,
19subdivide or combine and locate or relocate common elements
20affected or required thereby, in accordance with the provisions
21of the condominium instruments and the requirements of this
22Act. The owner or owners shall make written application to the
23board of managers, requesting an amendment to the condominium
24instruments, setting forth in the application a proposed
25reallocation to the new units of the percentage interest in the

 

 

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1common elements, and setting forth whether the limited common
2elements, if any, previously assigned to the unit to be
3subdivided should be assigned to each new unit or to fewer than
4all of the new units created and requesting, if desired in the
5event of a combination of any units, that the new unit be
6granted the exclusive right to use as a limited common element,
7a portion of the common elements within the building adjacent
8to the new unit. If the transaction is approved by a majority
9of the board of managers, it shall be effective upon (1)
10recording of an amendment to condominium instruments in
11accordance with the provisions of Sections 5 and 6 of this Act,
12and (2) execution by the owners of the units involved.
13    (c) In the event of a combination of any units, the
14amendment under subsection (b) may grant the owner of the
15combined unit the exclusive right to use, as a limited common
16element, a portion of the common elements within the building
17adjacent to the new unit. The request for the amendment shall
18be granted and the amendment shall grant this exclusive right
19to use as a limited common element if the following conditions
20are met:
21        (1) the common element for which the exclusive right to
22    use as a limited common element is sought is not necessary
23    or practical for use by the owners of any units other than
24    the owner or owners of the combined unit; and
25        (2) the owner or owners of the combined unit are
26    responsible for any and all costs associated with the

 

 

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1    renovation, modification, or other adaptation performed as
2    a result of the granting of the exclusive right to use as a
3    limited common element.
4    (d) If the combined unit is divided, part of the original
5combined unit is sold, and the grant of the exclusive right to
6use as a limited common element is no longer necessary,
7practical, or appropriate for the use and enjoyment of the
8owner or owners of the original combined unit, the board may
9terminate the grant of the exclusive right to use as a limited
10common element and require that the owner or owners of the
11original combined unit restore the common area to its condition
12prior to the grant of the exclusive right to use as a limited
13common element. If the combined unit is sold without being
14divided, the grant of the exclusive right to use as a limited
15common element shall apply to the new owner or owners of the
16combined unit, who shall assume the rights and responsibilities
17of the original owner or owners.
18    (e) Under this Section, the exclusive right to use as a
19limited common element any portion of the common elements that
20is not necessary or practical for use by the owners of any
21other units is not a diminution of the ownership interests of
22all other unit owners requiring unanimous consent of all unit
23owners under subsection (e) of Section 4 of this Act or any
24percentage set forth in the condominium instruments.
25    (f) Notwithstanding Section 27 of this Act and any other
26amendment provisions set forth in the condominium instruments,

 

 

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1an amendment pursuant to this Section is effective if it meets
2the requirements set forth in this Section.
3(Source: P.A. 90-199, eff. 7-24-97.)