093_SB1352sam001

 










                                     LRB093 04114 LCB 12276 a

 1                    AMENDMENT TO SENATE BILL 1352

 2        AMENDMENT NO.     .  Amend Senate Bill 1352 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Condominium Property Act is amended by
 5    changing Sections 2 and 3 as follows:

 6        (765 ILCS 605/2) (from Ch. 30, par. 302)
 7        Sec. 2.  Definitions. As used in  this  Act,  unless  the
 8    context otherwise requires:
 9        (a)  "Declaration"  means  the  instrument  by  which the
10    property is submitted to  the  provisions  of  this  Act,  as
11    hereinafter  provided,  and  such declaration as from time to
12    time amended.
13        (b)  "Parcel" means the lot or lots, tract or  tracts  of
14    land,   described   in  the  declaration,  submitted  to  the
15    provisions of this Act.
16        (c)  "Property" means all the land,  property  and  space
17    comprising   the  parcel,  all  improvements  and  structures
18    erected,  constructed  or  contained  therein   or   thereon,
19    including   the   building  and  all  easements,  rights  and
20    appurtenances  belonging  thereto,  and  all   fixtures   and
21    equipment  intended  for the mutual use, benefit or enjoyment
22    of the unit owners, submitted to the provisions of this Act.
 
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 1        (d)  "Unit" means a part of  the  property  designed  and
 2    intended for any type of independent use.
 3        (e)  "Common Elements" means all portions of the property
 4    except  the  units,  including limited common elements unless
 5    otherwise specified.
 6        (f)  "Person" means a  natural  individual,  corporation,
 7    partnership, trustee or other legal entity capable of holding
 8    title to real property.
 9        (g)  "Unit  Owner"  means  the  person  or  persons whose
10    estates or interests, individually or collectively, aggregate
11    fee simple absolute ownership of a unit, or, in the case of a
12    leasehold condominium, the lessee or lessees of a unit  whose
13    leasehold  ownership  of the unit expires simultaneously with
14    the lease described in item (x) of this Section.
15        (h)  "Majority" or "majority of the  unit  owners"  means
16    the  owners  of more than 50% in the aggregate in interest of
17    the  undivided  ownership  of  the  common   elements.    Any
18    specified percentage of the unit owners means such percentage
19    in  the  aggregate  in  interest of such undivided ownership.
20    "Majority" or "majority  of  the  members  of  the  board  of
21    managers"  means more than 50% of the total number of persons
22    constituting  such  board  pursuant  to  the   bylaws.    Any
23    specified  percentage of the members of the board of managers
24    means  that  percentage  of  the  total  number  of   persons
25    constituting such board pursuant to the bylaws.
26        (i)  "Plat" means a plat or plats of survey of the parcel
27    and  of all units in the property submitted to the provisions
28    of  this  Act,  which  may  consist  of  a  three-dimensional
29    horizontal and vertical delineation of all such units.
30        (j)  "Record" means  to  record  in  the  office  of  the
31    recorder  or, whenever required, to file in the office of the
32    Registrar of Titles of the county  wherein  the  property  is
33    located.
34        (k)  "Conversion  Condominium"  means  a  property  which
 
                            -3-      LRB093 04114 LCB 12276 a
 1    contains  structures,  excepting  those newly constructed and
 2    intended  for  condominium  ownership,  which  are,  or  have
 3    previously  been,  wholly  or   partially   occupied   before
 4    recording  of  condominium  instruments by persons other than
 5    those who have contracted for the purchase of condominiums.
 6        (l)  "Condominium Instruments" means  all  documents  and
 7    authorized   amendments  thereto  recorded  pursuant  to  the
 8    provisions of the Act, including the declaration, bylaws  and
 9    plat.
10        (m)  "Common  Expenses"  means  the  proposed  or  actual
11    expenses  affecting the property, including reserves, if any,
12    lawfully assessed by  the  Board  of  Managers  of  the  Unit
13    Owner's Association.
14        (n)  "Reserves"  means  those  sums  paid  by unit owners
15    which are separately maintained by the board of managers  for
16    purposes   specified   by   the  board  of  managers  or  the
17    condominium instruments.
18        (o)  "Unit Owners' Association"  or  "Association"  means
19    the  association  of  all the unit owners, acting pursuant to
20    bylaws through its duly elected board of managers.
21        (p)  "Purchaser" means any person or persons  other  than
22    the  Developer who purchase a unit in a bona fide transaction
23    for value.
24        (q)  "Developer" means any person  who  submits  property
25    legally or equitably owned in fee simple by the developer, or
26    leased  to  the developer under a lease described in item (x)
27    of this Section, to the provisions of this Act, or any person
28    who offers units legally or equitably owned in fee simple  by
29    the  developer,  or  leased  to  the  developer under a lease
30    described in item (x)  of  this  Section,  for  sale  in  the
31    ordinary  course  of  such  person's  business, including any
32    successor or successors to such developers'  entire  interest
33    in  the  property  other  than the purchaser of an individual
34    unit.
 
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 1        (r)  "Add-on  Condominium"  means  a  property  to  which
 2    additional  property  may  be  added   in   accordance   with
 3    condominium instruments and this Act.
 4        (s)  "Limited  Common  Elements"  means  a portion of the
 5    common elements so designated in  the  declaration  as  being
 6    reserved  for  the  use  of  a  certain  unit or units to the
 7    exclusion of  other  units,  including  but  not  limited  to
 8    balconies, terraces, patios and parking spaces or facilities.
 9        (t)  "Building"   means   all   structures,  attached  or
10    unattached, containing one or more units.
11        (u)  "Master Association" means an organization described
12    in Section 18.5 whether or not  it  is  also  an  association
13    described in Section 18.3.
14        (v)  "Developer  Control"  means  such  control at a time
15    prior to the election of the Board of Managers  provided  for
16    in Section 18.2(b) of this Act.
17        (w)  "Meeting  of  Board  of  Managers or Board of Master
18    Association" means any gathering of a quorum of  the  members
19    of  the  Board of Managers or Board of the Master Association
20    held for the purpose of conducting board business.
21        (x)  "Leasehold Condominium" means a  property  submitted
22    to  the  provisions  of this Act which is subject to a lease,
23    the expiration or termination of which  would  terminate  the
24    condominium  and  the  lessor  of  which  is  (i) exempt from
25    taxation under Section 501(c)(3) of the Internal Revenue Code
26    of 1986, as amended, (ii) a limited liability  company  whose
27    sole  member is exempt from taxation under Section 501 (c)(3)
28    of the Internal Revenue Code of 1986, as amended, or (iii)  a
29    Public  Housing  Authority  created  pursuant  to the Housing
30    Authorities Act that is located in a  municipality  having  a
31    population in excess of 1,000,000 inhabitants.
32    (Source:  P.A.  88-417;  88-626,  eff.  9-9-94;  89-89,  eff.
33    6-30-95.)
 
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 1        (765 ILCS 605/3) (from Ch. 30, par. 303)
 2        Sec.  3.  Submission  of property.  Whenever the owner or
 3    owners in fee simple, or the sole lessee or all lessees of  a
 4    lease  described in item (x) of Section 2, of a parcel intend
 5    to submit such property to the provisions of this  Act,  they
 6    shall  do  so  by  recording a declaration, duly executed and
 7    acknowledged, expressly stating such intent and setting forth
 8    the particulars enumerated in Section 4.  If the  condominium
 9    is  a  leasehold  condominium, then every lessor of the lease
10    creating a leasehold interest as described  in  item  (x)  of
11    Section  2  shall also execute the declaration and such lease
12    shall be recorded prior to the recording of the declaration.
13        The  execution  of  a  declaration  required  under  this
14    Section by the lessor under a lease as described in item  (x)
15    of  Section  2  does  not  make  the  lessor  a developer for
16    purposes of this Act.
17    (Source: P.A. 89-89, eff. 6-30-95.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.".