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Full Text of SB1967  102nd General Assembly

SB1967 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1967

 

Introduced 2/26/2021, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-5048 new

    Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed, for a fee not to exceed $10, by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney, except, if a recorder determines that the a restrictive covenant modification submitted is clearly an unlawful restrictive covenant, the recorder may proceed to record the restrictive covenant modification. If the restrictive covenant modification is submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days as to whether the original document contains an unlawful restrictive covenant and the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists. Limits liability of a county recorder and county for unauthorized modifications. Defines terms. Contains other provisions.


LRB102 17197 AWJ 22652 b

 

 

A BILL FOR

 

SB1967LRB102 17197 AWJ 22652 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
53-5048 as follows:
 
6    (55 ILCS 5/3-5048 new)
7    Sec. 3-5048. Unlawful restrictive covenant modifications.
8    (a) As used in this Section:
9    "Declaration" has the meaning given to that term in
10Section 1-5 of the Common Interest Community Association Act
11or Section 2 of the Condominium Property Act, as applicable.
12    "Unlawful restrictive covenant" means any recorded
13covenant or restriction that is void under Section 3-105 of
14the Illinois Human Rights Act which purports to forbid or
15restrict the conveyance, encumbrance, occupancy, or lease
16thereof on the basis of race, color, religion, or national
17origin.
18    "Recorder" means the recorder of the county where the
19property subject to the unlawful restrictive covenant is
20located.
21    (b) A person or entity may execute and file a restrictive
22covenant modification to an unlawful restrictive covenant in
23accordance with this Section if the person or entity:

 

 

SB1967- 2 -LRB102 17197 AWJ 22652 b

1        (1) holds an ownership interest in property that is
2    subject to the unlawful restrictive covenant; or
3        (2) is a common interest community association, a
4    condominium association, a unit owners' association, or a
5    master association of a parcel of property subject to the
6    association's declaration and the parcel is subject to an
7    unlawful restrictive covenant.
8    The recorder may impose a fee for filing a restrictive
9covenant modification pursuant to this Section in an amount
10not to exceed $10.
11    (c) A restrictive covenant modification shall include:
12        (1) a complete copy of the original instrument
13    containing the unlawful restrictive covenant with the
14    language of the unlawful restrictive covenant stricken;
15    and
16        (2) a petition to modify an unlawful restrictive
17    covenant, as provided in subsection (d).
18    (d) A petition to modify an unlawful restrictive covenant
19shall:
20        (1) be signed by the record owner of the property or,
21    in the case of an entity under paragraph (2) of subsection
22    (b), be accompanied by a certification that a majority of
23    the governing body of the entity has agreed to the
24    restrictive covenant modification;
25        (2) reference the property index number or unique
26    parcel identification code of the property for which the

 

 

SB1967- 3 -LRB102 17197 AWJ 22652 b

1    original instrument containing the unlawful restrictive
2    covenant is recorded; and
3        (3) include any other information that the recorder or
4    State's Attorney considers necessary in carrying out the
5    requirements of this Section.
6    (e) On receipt of a restrictive covenant modification, the
7recorder shall submit the restrictive covenant modification
8together with a copy of the original instrument referenced in
9the restrictive covenant modification to the State's Attorney.
10However, if a recorder determines that the a restrictive
11covenant modification submitted is clearly an unlawful
12restrictive covenant, the recorder may proceed under
13subsection (g) without submitting documentation required by
14this subsection to the State's Attorney.
15    (f) Within 30 days of receipt from the recorder, the
16State's Attorney shall:
17        (1) review the restrictive covenant modification and
18    the copy of the original instrument to determine: (i)
19    whether the original instrument contains an unlawful
20    restrictive covenant; and (ii) whether the restrictive
21    covenant modification correctly strikes through only the
22    language of the unlawful restrictive covenant; and
23        (2) return the restrictive covenant modification and
24    copy of the original instrument to the recorder together
25    with the State's Attorney's written determination.
26    (g) The recorder may not record a restrictive covenant

 

 

SB1967- 4 -LRB102 17197 AWJ 22652 b

1modification filed under subsection (b) unless: (i) the
2State's Attorney determines that the modification is
3appropriate in accordance with subsection (f); or (ii) the
4recorder has determined that the restrictive covenant
5modification submitted is clearly an unlawful restrictive
6covenant as provided in subsection (e).
7    If the State's Attorney's written determination finds that
8the instrument contains an unlawful restrictive covenant or
9the recorder has determined that the restrictive covenant
10modification submitted is clearly an unlawful restrictive
11covenant, the recorder shall record the restrictive covenant
12modification with the unlawful language stricken.
13    (h) A recorded restrictive covenant modification shall be
14indexed in the same manner as the original instrument.
15    (i) Subject to all lawful covenants, conditions, and
16restrictions that were recorded after the recording of the
17original instrument, the restrictions contained in a duly
18recorded restrictive covenant modification are the only
19restrictions based on the original instrument that apply to
20the property.
21    (j) The effective date of the terms and conditions
22contained in a duly recorded restrictive covenant modification
23shall be the same as the effective date of the original
24instrument.
25    (k) If a person or entity causes to be filed or recorded a
26restrictive covenant modification that contains modifications

 

 

SB1967- 5 -LRB102 17197 AWJ 22652 b

1not authorized under this Section:
2        (1) the recorder may not incur any liability for
3    recording the restrictive covenant modification;
4        (2) the county may not incur any liability as a result
5    of a determination rendered by the State's Attorney under
6    subsection (f); and
7        (3) any costs, fees, or liability that results from
8    the unauthorized filing or recording shall be the sole
9    responsibility of the person or entity that executed the
10    restrictive covenant modification.