90th General Assembly
Summary of SB0358
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Senate Sponsors:
O'MALLEY.

House Sponsors:
PARKE

Short description: 
CONDO PROP-COMBINATION UNITS                                               

Synopsis of Bill as introduced:
        Amends the Condominium Property Act to make a technical change to      
   a provision concerning submission of property.                              
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          765 ILCS 605/3                                                       
          Adds reference to:                                                   
          765 ILCS 605/31                 from Ch. 30, par. 331                
        Deletes everything.  Amends the Condominium Property Act  in  the      
   provisions  concerning  the  combination  of units.  Provides that the      
   board of managers shall grant  a  request  to  amend  the  condominium      
   instruments and the amendment shall grant an exclusive right to use as      
   a  limited  common element a portion of the common elements within the      
   building adjacent to the new unit if (i) the  common  element  is  not      
   necessary  or practical for use by the owners of any other units, (ii)      
   the owners  of  the  combined  unit  are  responsible  for  all  costs      
   associated  with  the  renovation,  modification,  or other adaptation      
   performed as a result of the granting  of  the  exclusive  right,  and      
   (iii)  upon the sale of any portion of the combined unit, the grant of      
   the exclusive right expires and the owners of the  combined  unit  are      
   held  responsible for restoring the common area to its condition prior      
   to the grant of the exclusive right.  Effective immediately.                
        SENATE AMENDMENT NO. 2.                                                
        Deletes everything. Reinserts the bill as amended  but  with  the      
   following  changes.  Removes the requirement that upon the sale of any      
   portion of the combined unit, the grant of the exclusive right expires      
   and the owners of the combined unit are held responsible for restoring      
   the common area to its condition prior to the grant in order  for  the      
   board  of  managers  to  grant  a  request  to  amend  the condominium      
   instruments and the amendment to grant the exclusive  right.  Provides      
   that  if  the  combined unit is divided, part of the original combined      
   unit is sold, and the grant of the exclusive right to use as a limited      
   common element is no longer necessary, practical, or  appropriate  for      
   the use and enjoyment of the owners of the original combined unit, the      
   board  may terminate the grant of the exclusive right and require that      
   the owners of the original combined unit restore the  common  area  to      
   its  condition prior to the grant.  Provides that if the combined unit      
   is sold without being divided, the grant of the exclusive right  shall      
   apply  to  the  new  owners of the combined unit, who shall assume the      
   rights  and  responsibilities  of  the  original   owners.   Effective      
   immediately.                                                                
 
Last action on Bill: PUBLIC ACT.............................. 90-0199

   Last action date: 97-07-24

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


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