97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1804

 

Introduced 2/9/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/27-55a new

    Provides that a deed restriction, restrictive covenant, or similar provision may not waive, prohibit, or restrict the right to notice of a public hearing or the right to object, oppose, or challenge (i) the creation of a special service area, (ii) the activation of a backup or dormant special service area, (iii) the levy of any tax of a special service area, or (iv) the issuance of bonds of a special service area. Effective immediately.


LRB097 08557 HLH 48684 b

 

 

A BILL FOR

 

SB1804LRB097 08557 HLH 48684 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 27-55a as follows:
 
6    (35 ILCS 200/27-55a new)
7    Sec. 27-55a. Restrictive covenants; waiver of certain
8rights. A deed restriction, restrictive covenant, or similar
9provision may not waive, prohibit, or restrict the right to
10notice of a public hearing or the right to object, oppose, or
11challenge (i) the creation of a special service area, (ii) the
12activation of a backup or dormant special service area, (iii)
13the levy of any tax of a special service area, or (iv) the
14issuance of bonds of a special service area. Any such deed
15restriction, restrictive covenant, or similar provision shall
16not be enforceable and is null and void against the property
17owner, lot or unit owner of the common interest community,
18condominium, or cooperative. The term "common interest
19community" in this Section has the same meaning as set forth in
20Section 9-102(c)of the Code of Civil Procedure.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.