Illinois General Assembly - Full Text of SB0928
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Full Text of SB0928  100th General Assembly

SB0928eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0928 EngrossedLRB100 05359 HEP 15903 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 Common Interest Community Association Act is
5amended by changing Section 1-35 as follows:
 
6    (765 ILCS 160/1-35)
7    Sec. 1-35. Member powers, duties, and obligations.
8    (a) The provisions of this Act, the declaration, bylaws,
9other community instruments, and rules and regulations that
10relate to the use of an individual unit or the common areas
11shall be applicable to any person leasing a unit and shall be
12deemed to be incorporated in any lease executed or renewed on
13or after the effective date of this Act. Unless otherwise
14provided in the community instruments, with regard to any lease
15entered into subsequent to the effective date of this Act, the
16unit owner leasing the unit shall deliver a copy of the signed
17lease to the association or if the lease is oral, a memorandum
18of the lease, not later than the date of occupancy or 10 days
19after the lease is signed, whichever occurs first.
20    (b) If there are multiple owners of a single unit, only one
21of the multiple owners shall be eligible to serve as a member
22of the board at any one time, unless the unit owner owns
23another unit independently.

 

 

SB0928 Engrossed- 2 -LRB100 05359 HEP 15903 b

1    (c) Two-thirds of the membership may remove a board member
2as a director at a duly called special meeting.
3    (d) In the event of any resale of a unit in a common
4interest community association by a member or unit owner other
5than the developer, the board shall make available for
6inspection to the prospective purchaser, upon demand, the
7following:
8        (1) A copy of the declaration, other instruments, and
9    any rules and regulations, and any adopted common expense
10    collection policies.
11        (2) A statement of any liens, including a statement of
12    the account of the unit setting forth the amounts of unpaid
13    assessments and other charges due and owing.
14        (3) A statement of any capital expenditures
15    anticipated by the association within the current or
16    succeeding 2 fiscal years.
17        (4) A statement of the status and amount of any reserve
18    or replacement fund and any other fund specifically
19    designated for association projects.
20        (5) A copy of the statement of financial condition of
21    the association for the last fiscal year for which such a
22    statement is available.
23        (6) A statement of the status of any pending suits or
24    judgments in which the association is a party.
25        (7) A statement setting forth what insurance coverage
26    is provided for all members or unit owners by the

 

 

SB0928 Engrossed- 3 -LRB100 05359 HEP 15903 b

1    association for common properties.
2        (8) A statement setting forth the current assessment
3    obligations, including any special assessments or other
4    common expenses.
5        (9) A statement setting forth the current late fees or
6    interest that may be charged on an unpaid balance, if any.
7    The principal officer of the board, or such other officer
8as is specifically designated, or agent for the association
9shall disclose furnish the above information within 30 days
10after receiving a written request for such information.
11    A reasonable fee covering the direct out-of-pocket cost of
12copying and providing such information may be charged by the
13association or the board to the unit seller for providing the
14information.
15(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
1698-842, eff. 1-1-15.)