102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0636

 

Introduced 2/24/2021, by Sen. Laura M. Murphy

 

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

    Amends the Condominium Property Act. Provides that the bylaws shall include a requirement that unit owners selected to the board of managers shall reside on the property.


LRB102 11509 LNS 16843 b

 

 

A BILL FOR

 

SB0636LRB102 11509 LNS 16843 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 Section 18 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, a requirement that unit owners selected
11    to the board of managers shall reside on the property, the
12    number of persons constituting such board, and that the
13    terms of at least one-third of the members of the board
14    shall expire annually and that all members of the board
15    shall be elected at large; if there are multiple owners of
16    a single unit, only one of the multiple owners shall be
17    eligible to serve as a member of the board at any one time;
18        (2) the powers and duties of the board;
19        (3) the compensation, if any, of the members of the
20    board;
21        (4) the method of removal from office of members of
22    the board;
23        (5) that the board may engage the services of a

 

 

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1    manager or managing agent;
2        (6) that each unit owner shall receive, at least 25
3    days prior to the adoption thereof by the board of
4    managers, a copy of the proposed annual budget together
5    with an indication of which portions are intended for
6    reserves, capital expenditures or repairs or payment of
7    real estate taxes;
8        (7) that the board of managers shall annually supply
9    to all unit owners an itemized accounting of the common
10    expenses for the preceding year actually incurred or paid,
11    together with an indication of which portions were for
12    reserves, capital expenditures or repairs or payment of
13    real estate taxes and with a tabulation of the amounts
14    collected pursuant to the budget or assessment, and
15    showing the net excess or deficit of income over
16    expenditures plus reserves;
17        (8)(i) that each unit owner shall receive notice, in
18    the same manner as is provided in this Act for membership
19    meetings, of any meeting of the board of managers
20    concerning the adoption of the proposed annual budget and
21    regular assessments pursuant thereto or to adopt a
22    separate (special) assessment, (ii) that except as
23    provided in subsection (iv) below, if an adopted budget or
24    any separate assessment adopted by the board would result
25    in the sum of all regular and separate assessments payable
26    in the current fiscal year exceeding 115% of the sum of all

 

 

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

 

 

SB0636- 4 -LRB102 11509 LNS 16843 b

1    than one fiscal year. With respect to multi-year
2    assessments not governed by items (iv) and (v), the entire
3    amount of the multi-year assessment shall be deemed
4    considered and authorized in the first fiscal year in
5    which the assessment is approved;
6        (9)(A) that every meeting of the board of managers
7    shall be open to any unit owner, except that the board may
8    close any portion of a noticed meeting or meet separately
9    from a noticed meeting to: (i) discuss litigation when an
10    action against or on behalf of the particular association
11    has been filed and is pending in a court or administrative
12    tribunal, or when the board of managers finds that such an
13    action is probable or imminent, (ii) discuss the
14    appointment, employment, engagement, or dismissal of an
15    employee, independent contractor, agent, or other provider
16    of goods and services, (iii) interview a potential
17    employee, independent contractor, agent, or other provider
18    of goods and services, (iv) discuss violations of rules
19    and regulations of the association, (v) discuss a unit
20    owner's unpaid share of common expenses, or (vi) consult
21    with the association's legal counsel; that any vote on
22    these matters shall take place at a meeting of the board of
23    managers or portion thereof open to any unit owner;
24        (B) that board members may participate in and act at
25    any meeting of the board of managers in person, by
26    telephonic means, or by use of any acceptable

 

 

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

 

 

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

 

 

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1    following the filing of a petition signed by unit owners
2    holding 20% of the votes of the association requesting
3    such a meeting, and the method of filling vacancies among
4    the officers that shall include the authority for the
5    members of the board to fill the vacancy for the unexpired
6    portion of the term;
7        (14) what percentage of the board of managers, if
8    other than a majority, shall constitute a quorum;
9        (15) provisions concerning notice of board meetings to
10    members of the board;
11        (16) the board of managers may not enter into a
12    contract with a current board member or with a corporation
13    or partnership in which a board member or a member of the
14    board member's immediate family has 25% or more interest,
15    unless notice of intent to enter the contract is given to
16    unit owners within 20 days after a decision is made to
17    enter into the contract and the unit owners are afforded
18    an opportunity by filing a petition, signed by 20% of the
19    unit owners, for an election to approve or disapprove the
20    contract; such petition shall be filed within 30 days
21    after such notice and such election shall be held within
22    30 days after filing the petition; for purposes of this
23    subsection, a board member's immediate family means the
24    board member's spouse, parents, and children;
25        (17) that the board of managers may disseminate to
26    unit owners biographical and background information about

 

 

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

 

 

SB0636- 9 -LRB102 11509 LNS 16843 b

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

 

 

SB0636- 10 -LRB102 11509 LNS 16843 b

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

 

 

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

 

 

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

 

 

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

 

 

SB0636- 14 -LRB102 11509 LNS 16843 b

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

 

 

SB0636- 15 -LRB102 11509 LNS 16843 b

1    members of the board, shall have the right to vote for the
2    election of members of the board of managers and to be
3    elected to and serve on the board of managers unless the
4    seller expressly retains in writing any or all of such
5    rights. In no event may the seller and purchaser both be
6    counted toward a quorum, be permitted to vote for a
7    particular office or be elected and serve on the board.
8    Satisfactory evidence of the installment sales contract
9    shall be made available to the association or its agents.
10    For purposes of this subsection, "installment sales
11    contract" shall have the same meaning as set forth in
12    Section 5 of the Installment Sales Contract Act and
13    Section 1(e) of the Dwelling Unit Installment Contract
14    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

 

 

SB0636- 16 -LRB102 11509 LNS 16843 b

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
10    the board of managers and of the unit owners and who shall,
11    in general, perform all the duties incident to the office
12    of secretary.
13        (e) Election of a treasurer from among the board of
14    managers, who shall keep the financial records and books
15    of 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

 

 

SB0636- 17 -LRB102 11509 LNS 16843 b

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

 

 

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

 

 

SB0636- 19 -LRB102 11509 LNS 16843 b

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

 

 

SB0636- 20 -LRB102 11509 LNS 16843 b

1    (the effective date of Public Act 83-1271).
2        (ii) With regard to any lease entered into subsequent
3    to July 1, 1990 (the effective date of Public Act 86-991),
4    the unit owner leasing the unit shall deliver a copy of the
5    signed lease to the board or if the lease is oral, a
6    memorandum of the lease, not later than the date of
7    occupancy or 10 days after the lease is signed, whichever
8    occurs first. In addition to any other remedies, by filing
9    an action jointly against the tenant and the unit owner,
10    an association may seek to enjoin a tenant from occupying
11    a unit or seek to evict a tenant under the provisions of
12    Article IX of the Code of Civil Procedure for failure of
13    the lessor-owner to comply with the leasing requirements
14    prescribed by this Section or by the declaration, bylaws,
15    and rules and regulations. The board of managers may
16    proceed directly against a tenant, at law or in equity, or
17    under the provisions of Article IX of the Code of Civil
18    Procedure, for any other breach by tenant of any
19    covenants, rules, regulations or bylaws.
20        (o) The association shall have no authority to forbear
21    the payment of assessments by any unit owner.
22        (p) That when 30% or fewer of the units, by number,
23    possess over 50% in the aggregate of the votes in the
24    association, any percentage vote of members specified
25    herein or in the condominium instruments shall require the
26    specified percentage by number of units rather than by

 

 

SB0636- 21 -LRB102 11509 LNS 16843 b

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

 

 

SB0636- 22 -LRB102 11509 LNS 16843 b

1of a condominium instrument which contains provisions contrary
2to these provisions shall be void as against public policy and
3ineffective. Any such instrument which fails to contain the
4provisions required by this Section shall be deemed to
5incorporate such provisions by operation of law.
6(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17;
799-642, eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff.
81-1-18; 100-863, eff. 8-14-18.)