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Public Act 91-0195
SB254 Enrolled LRB9101312KSgc
AN ACT to amend the Condominium Property Act by changing
Section 18.4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
changing Section 18.4 as follows:
(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
Sec. 18.4. Powers and Duties of Board of Managers. The
board of managers shall exercise for the association all
powers, duties and authority vested in the association by law
or the condominium instruments except for such powers, duties
and authority reserved by law to the members of the
association. The powers and duties of the board of managers
shall include, but shall not be limited to, the following:
(a) To provide for the operation, care, upkeep,
maintenance, replacement and improvement of the common
elements. Nothing in this subsection (a) shall be deemed
to invalidate any provision in a condominium instrument
placing limits on expenditures for the common elements,
provided, that such limits shall not be applicable to
expenditures for repair, replacement, or restoration of
existing portions of the common elements. The term
"repair, replacement or restoration" means expenditures
to deteriorated or damaged portions of the property
related to the existing decorating, facilities, or
structural or mechanical components, interior or exterior
surfaces, or energy systems and equipment with the
functional equivalent of the original portions of such
areas. Replacement of the common elements may result in
an improvement over the original quality of such elements
or facilities; provided that, unless the improvement is
mandated by law or is an emergency as defined in item
(iv) of subparagraph (8) of paragraph (a) of Section 18,
if the improvement results in a proposed expenditure
exceeding 5% of the annual budget, the board of managers,
upon written petition by unit owners with 20% of the
votes of the association delivered to the board within 14
days of the board action to approve the expenditure,
shall call a meeting of the unit owners within 30 days of
the date of delivery of the petition to consider the
expenditure. Unless a majority of the total votes of the
unit owners are cast at the meeting to reject the
expenditure, it is ratified.
(b) To prepare, adopt and distribute the annual
budget for the property.
(c) To levy and expend assessments.
(d) To collect assessments from unit owners.
(e) To provide for the employment and dismissal of
the personnel necessary or advisable for the maintenance
and operation of the common elements.
(f) To obtain adequate and appropriate kinds of
insurance.
(g) To own, convey, encumber, lease, and otherwise
deal with units conveyed to or purchased by it.
(h) To adopt and amend rules and regulations
covering the details of the operation and use of the
property, after a meeting of the unit owners called for
the specific purpose of discussing the proposed rules and
regulations. Notice of the meeting shall contain the
full text of the proposed rules and regulations, and the
meeting shall conform to the requirements of Section
18(b) of this Act, except that no quorum is required at
the meeting of the unit owners unless the declaration,
bylaws or other condominium instrument expressly provides
to the contrary. However, no rule or regulation may
impair any rights guaranteed by the First Amendment to
the Constitution of the United States or Section 4 of
Article I of the Illinois Constitution, nor may any rules
or regulations conflict with the provisions of this Act
or the condominium instruments.
(i) To keep detailed, accurate records of the
receipts and expenditures affecting the use and operation
of the property.
(j) To have access to each unit from time to time
as may be necessary for the maintenance, repair or
replacement of any common elements or for making
emergency repairs necessary to prevent damage to the
common elements or to other units.
(k) To pay real property taxes, special
assessments, and any other special taxes or charges of
the State of Illinois or of any political subdivision
thereof, or other lawful taxing or assessing body, which
are authorized by law to be assessed and levied upon the
real property of the condominium.
(l) To impose charges for late payment of a unit
owner's proportionate share of the common expenses, or
any other expenses lawfully agreed upon, and after notice
and an opportunity to be heard, to levy reasonable fines
for violation of the declaration, by-laws, and rules and
regulations of the association.
(m) Unless the condominium instruments expressly
provide to the contrary, by a majority vote of the entire
board of managers, to assign the right of the association
to future income from common expenses or other sources,
and to mortgage or pledge substantially all of the
remaining assets of the association.
(n) To record the dedication of a portion of the
common elements to a public body for use as, or in
connection with, a street or utility where authorized by
the unit owners under the provisions of Section 14.2.
(o) To record the granting of an easement for the
laying of cable television cable where authorized by the
unit owners under the provisions of Section 14.3; to
obtain, if available and determined by the board to be in
the best interests of the association, cable television
service for all of the units of the condominium on a bulk
identical service and equal cost per unit basis; and to
assess and recover the expense as a common expense and,
if so determined by the board, to assess each and every
unit on the same equal cost per unit basis.
(p) To seek relief on behalf of all unit owners
when authorized pursuant to subsection (c) of Section 10
from or in connection with the assessment or levying of
real property taxes, special assessments, and any other
special taxes or changes of the State of Illinois or of
any political subdivision thereof or of any lawful taxing
or assessing body.
(q) To reasonably accommodate the needs of a
handicapped unit owner as required by the federal Civil
Rights Act of 1968, the Human Rights Act and any
applicable local ordinances in the exercise of its powers
with respect to the use of common elements or approval of
modifications in an individual unit.
In the performance of their duties, the officers and
members of the board, whether appointed by the developer or
elected by the unit owners, shall exercise the care required
of a fiduciary of the unit owners.
The collection of assessments from unit owners by an
association, board of managers or their duly authorized
agents shall not be considered acts constituting a collection
agency for purposes of the Collection Agency Act.
The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument which contains provisions
contrary to these provisions shall be void as against public
policy and ineffective. Any such instrument that fails to
contain the provisions required by this Section shall be
deemed to incorporate such provisions by operation of law.
(Source: P.A. 88-626, eff. 9-9-94; 89-41, eff. 6-23-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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