HB3950 EnrolledLRB097 14826 AJO 59855 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 14.3 and 18.4 as follows:
 
6    (765 ILCS 605/14.3)  (from Ch. 30, par. 314.3)
7    Sec. 14.3. Granting of easement for laying of cable
8television or high speed Internet cable. Unless the condominium
9instrument expressly provides for a greater percentage or
10different procedures a majority of more than 50% of the unit
11owners at a meeting of unit owners duly called for such purpose
12may authorize the granting of an easement for the laying of
13cable television or high speed Internet cable. The grant of
14such easement shall be according to the terms and conditions of
15the local ordinance providing for cable television or high
16speed Internet in the municipality.
17(Source: P.A. 83-833.)
 
18    (765 ILCS 605/18.4)  (from Ch. 30, par. 318.4)
19    Sec. 18.4. Powers and Duties of Board of Managers. The
20board of managers shall exercise for the association all
21powers, duties and authority vested in the association by law
22or the condominium instruments except for such powers, duties

 

 

HB3950 Enrolled- 2 -LRB097 14826 AJO 59855 b

1and authority reserved by law to the members of the
2association. The powers and duties of the board of managers
3shall include, but shall not be limited to, the following:
4        (a) To provide for the operation, care, upkeep,
5    maintenance, replacement and improvement of the common
6    elements. Nothing in this subsection (a) shall be deemed to
7    invalidate any provision in a condominium instrument
8    placing limits on expenditures for the common elements,
9    provided, that such limits shall not be applicable to
10    expenditures for repair, replacement, or restoration of
11    existing portions of the common elements. The term "repair,
12    replacement or restoration" means expenditures to
13    deteriorated or damaged portions of the property related to
14    the existing decorating, facilities, or structural or
15    mechanical components, interior or exterior surfaces, or
16    energy systems and equipment with the functional
17    equivalent of the original portions of such areas.
18    Replacement of the common elements may result in an
19    improvement over the original quality of such elements or
20    facilities; provided that, unless the improvement is
21    mandated by law or is an emergency as defined in item (iv)
22    of subparagraph (8) of paragraph (a) of Section 18, if the
23    improvement results in a proposed expenditure exceeding 5%
24    of the annual budget, the board of managers, upon written
25    petition by unit owners with 20% of the votes of the
26    association delivered to the board within 14 days of the

 

 

HB3950 Enrolled- 3 -LRB097 14826 AJO 59855 b

1    board action to approve the expenditure, shall call a
2    meeting of the unit owners within 30 days of the date of
3    delivery of the petition to consider the expenditure.
4    Unless a majority of the total votes of the unit owners are
5    cast at the meeting to reject the expenditure, it is
6    ratified.
7        (b) To prepare, adopt and distribute the annual budget
8    for the property.
9        (c) To levy and expend assessments.
10        (d) To collect assessments from unit owners.
11        (e) To provide for the employment and dismissal of the
12    personnel necessary or advisable for the maintenance and
13    operation of the common elements.
14        (f) To obtain adequate and appropriate kinds of
15    insurance.
16        (g) To own, convey, encumber, lease, and otherwise deal
17    with units conveyed to or purchased by it.
18        (h) To adopt and amend rules and regulations covering
19    the details of the operation and use of the property, after
20    a meeting of the unit owners called for the specific
21    purpose of discussing the proposed rules and regulations.
22    Notice of the meeting shall contain the full text of the
23    proposed rules and regulations, and the meeting shall
24    conform to the requirements of Section 18(b) of this Act,
25    except that no quorum is required at the meeting of the
26    unit owners unless the declaration, bylaws or other

 

 

HB3950 Enrolled- 4 -LRB097 14826 AJO 59855 b

1    condominium instrument expressly provides to the contrary.
2    However, no rule or regulation may impair any rights
3    guaranteed by the First Amendment to the Constitution of
4    the United States or Section 4 of Article I of the Illinois
5    Constitution including, but not limited to, the free
6    exercise of religion, nor may any rules or regulations
7    conflict with the provisions of this Act or the condominium
8    instruments. No rule or regulation shall prohibit any
9    reasonable accommodation for religious practices,
10    including the attachment of religiously mandated objects
11    to the front-door area of a condominium unit.
12        (i) To keep detailed, accurate records of the receipts
13    and expenditures affecting the use and operation of the
14    property.
15        (j) To have access to each unit from time to time as
16    may be necessary for the maintenance, repair or replacement
17    of any common elements or for making emergency repairs
18    necessary to prevent damage to the common elements or to
19    other units.
20        (k) To pay real property taxes, special assessments,
21    and any other special taxes or charges of the State of
22    Illinois or of any political subdivision thereof, or other
23    lawful taxing or assessing body, which are authorized by
24    law to be assessed and levied upon the real property of the
25    condominium.
26        (l) To impose charges for late payment of a unit

 

 

HB3950 Enrolled- 5 -LRB097 14826 AJO 59855 b

1    owner's proportionate share of the common expenses, or any
2    other expenses lawfully agreed upon, and after notice and
3    an opportunity to be heard, to levy reasonable fines for
4    violation of the declaration, by-laws, and rules and
5    regulations of the association.
6        (m) Unless the condominium instruments expressly
7    provide to the contrary, by a majority vote of the entire
8    board of managers, to assign the right of the association
9    to future income from common expenses or other sources, and
10    to mortgage or pledge substantially all of the remaining
11    assets of the association.
12        (n) To record the dedication of a portion of the common
13    elements to a public body for use as, or in connection
14    with, a street or utility where authorized by the unit
15    owners under the provisions of Section 14.2.
16        (o) To record the granting of an easement for the
17    laying of cable television or high speed Internet cable
18    where authorized by the unit owners under the provisions of
19    Section 14.3; to obtain, if available and determined by the
20    board to be in the best interests of the association, cable
21    television or bulk high speed Internet service for all of
22    the units of the condominium on a bulk identical service
23    and equal cost per unit basis; and to assess and recover
24    the expense as a common expense and, if so determined by
25    the board, to assess each and every unit on the same equal
26    cost per unit basis.

 

 

HB3950 Enrolled- 6 -LRB097 14826 AJO 59855 b

1        (p) To seek relief on behalf of all unit owners when
2    authorized pursuant to subsection (c) of Section 10 from or
3    in connection with the assessment or levying of real
4    property taxes, special assessments, and any other special
5    taxes or charges of the State of Illinois or of any
6    political subdivision thereof or of any lawful taxing or
7    assessing body.
8        (q) To reasonably accommodate the needs of a
9    handicapped unit owner as required by the federal Civil
10    Rights Act of 1968, the Human Rights Act and any applicable
11    local ordinances in the exercise of its powers with respect
12    to the use of common elements or approval of modifications
13    in an individual unit.
14        (r) To accept service of a notice of claim for purposes
15    of the Mechanics Lien Act on behalf of each respective
16    member of the Unit Owners' Association with respect to
17    improvements performed pursuant to any contract entered
18    into by the Board of Managers or any contract entered into
19    prior to the recording of the condominium declaration
20    pursuant to this Act, for a property containing more than 8
21    units, and to distribute the notice to the unit owners
22    within 7 days of the acceptance of the service by the Board
23    of Managers. The service shall be effective as if each
24    individual unit owner had been served individually with
25    notice.
26    In the performance of their duties, the officers and

 

 

HB3950 Enrolled- 7 -LRB097 14826 AJO 59855 b

1members of the board, whether appointed by the developer or
2elected by the unit owners, shall exercise the care required of
3a fiduciary of the unit owners.
4    The collection of assessments from unit owners by an
5association, board of managers or their duly authorized agents
6shall not be considered acts constituting a collection agency
7for purposes of the Collection Agency Act.
8    The provisions of this Section are applicable to all
9condominium instruments recorded under this Act. Any portion of
10a condominium instrument which contains provisions contrary to
11these provisions shall be void as against public policy and
12ineffective. Any such instrument that fails to contain the
13provisions required by this Section shall be deemed to
14incorporate such provisions by operation of law.
15(Source: P.A. 96-1000, eff. 7-2-10.)