Full Text of SB3180 96th General Assembly
SB3180eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Article 1 | 5 |
| Section 1-1. Short title. This Article may be cited as the | 6 |
| Common Interest Community Association Act , and references in | 7 |
| this Article to "this Act" mean this Article. | 8 |
| Section 1-5. Definitions. As used in this Act, unless the | 9 |
| context otherwise requires: | 10 |
| "Association" or "common interest community association" | 11 |
| means the association of all the unit owners of a common | 12 |
| interest community, acting pursuant to bylaws through its duly | 13 |
| elected board of managers or board of directors. | 14 |
| "Board" means a common interest community association's | 15 |
| board of managers or board of directors, whichever is | 16 |
| applicable. | 17 |
| "Board member" or "member of the board" means a member of | 18 |
| the board of managers or the board of directors, whichever is | 19 |
| applicable. | 20 |
| "Board of directors" means, for a common interest community | 21 |
| that has been incorporated as an Illinois not-for-profit | 22 |
| corporation, the group of people elected by the unit owners of |
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| a common interest community as the governing body to exercise | 2 |
| for the unit owners of the common interest community | 3 |
| association all powers, duties, and authority vested in the | 4 |
| board of directors under this Act and the common interest | 5 |
| community association's declaration and bylaws. | 6 |
| "Board of managers" means, for a common interest community | 7 |
| that is an unincorporated association, the group of people | 8 |
| elected by the unit owners of a common interest community as | 9 |
| the governing body to exercise for the unit owners of the | 10 |
| common interest community association all powers, duties, and | 11 |
| authority vested in the board of managers under this Act and | 12 |
| the common interest community association's declaration and | 13 |
| bylaws. | 14 |
| "Building" means all structures, attached or unattached, | 15 |
| containing one or more units. | 16 |
| "Common areas" means the portion of the property, other | 17 |
| than a unit, reserved for the exclusive use of particular | 18 |
| units, including limited common areas. | 19 |
| "Common expenses" means the proposed or actual expenses | 20 |
| affecting the property, including reserves, if any, lawfully | 21 |
| assessed by the common interest community association. | 22 |
| "Common interest community" means real estate with respect | 23 |
| to which any person by virtue of his or her ownership of a unit | 24 |
| therein is obligated to pay for the maintenance, improvement, | 25 |
| insurance premiums or real estate taxes of common areas. | 26 |
| "Common interest community" may include, but not be limited to, |
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| an attached or detached townhome, villa, or single-family home. | 2 |
| "Common interest community" does not include a condominium, | 3 |
| cooperative, or other property that has submitted to the | 4 |
| provisions of the Condominium Property Act. | 5 |
| "Community instruments" means all documents and authorized | 6 |
| amendments thereto recorded by a developer or common interest | 7 |
| community association, including, but not limited to, the | 8 |
| declaration, bylaws, plat of survey, and rules and regulations. | 9 |
| "Declaration" means the instrument by which the property is | 10 |
| submitted to the provisions of this Act, as hereinafter | 11 |
| provided, and such declaration as it is from time to time | 12 |
| amended. | 13 |
| "Developer" means any person who submits property legally | 14 |
| or equitably owned in fee simple by the person to the | 15 |
| provisions of this Act, or any person who offers units legally | 16 |
| or equitably owned in fee simple by the person for sale in the | 17 |
| ordinary course of such person's business, including any | 18 |
| successor to such person's entire interest in the property | 19 |
| other than the purchaser of an individual unit. | 20 |
| "Developer control" means such control at a time prior to | 21 |
| the election of the board of the common interest community | 22 |
| association. | 23 |
| "Limited common areas" means a portion of the common areas | 24 |
| so designated in the declaration as being reserved for the use | 25 |
| of a certain unit or units to the exclusion of other units, | 26 |
| including, but not limited, to balconies, terraces, patios, and |
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| parking spaces or facilities. | 2 |
| "Majority" or "majority of the unit owners" means the | 3 |
| owners of more than 50% in the aggregate in interest of the | 4 |
| undivided ownership of the common elements. Any specified | 5 |
| percentage of the unit owners means such percentage in the | 6 |
| aggregate in interest of such undivided ownership. "Majority" | 7 |
| or "majority of the members of the board of the common interest | 8 |
| community association" means more than 50% of the total number | 9 |
| of persons constituting such board pursuant to the bylaws. Any | 10 |
| specified percentage of the members of the common interest | 11 |
| community association means that percentage of the total number | 12 |
| of persons constituting such board pursuant to the bylaws. | 13 |
| "Management company" or "community association manager" | 14 |
| means a person, partnership, corporation, or other legal entity | 15 |
| entitled to transact business on behalf of others, acting on | 16 |
| behalf of or as an agent for an association for the purpose of | 17 |
| carrying out the duties, responsibilities, and other | 18 |
| obligations necessary for the day to day operation and | 19 |
| management of any property subject to this Act.
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| "Meeting of the board" or "board meeting" means any | 21 |
| gathering of a quorum of the members of the board of the common | 22 |
| interest community association held for the purpose of | 23 |
| conducting board business. | 24 |
| "Parcel" means the lot or lots or tract or tracts of land, | 25 |
| described in the declaration as part of a common interest | 26 |
| community. |
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| "Person" means a natural individual, corporation, | 2 |
| partnership, trustee, or other legal entity capable of holding | 3 |
| title to real property. | 4 |
| "Plat" means a plat or plats of survey of the parcel and of | 5 |
| all units in the common interest community, which may consist | 6 |
| of a three-dimensional horizontal and vertical delineation of | 7 |
| all such units, structures, easements, and common areas on the | 8 |
| property. | 9 |
| "Property" means all the land, property, and space | 10 |
| comprising the parcel, all improvements and structures | 11 |
| erected, constructed or contained therein or thereon, | 12 |
| including any building and all easements, rights, and | 13 |
| appurtenances belonging thereto, and all fixtures and | 14 |
| equipment intended for the mutual use, benefit, or enjoyment of | 15 |
| the unit owners, under the authority or control of a common | 16 |
| interest community association. | 17 |
| "Purchaser" means any person or persons, other than the | 18 |
| developer, who purchase a unit in a bona fide transaction for | 19 |
| value. | 20 |
| "Record" means to record in the office of the recorder of | 21 |
| the county wherein the property is located. | 22 |
| "Reserves" means those sums paid by unit owners which are | 23 |
| separately maintained by the common interest community | 24 |
| association for purposes specified by the declaration and | 25 |
| bylaws of the common interest community association. | 26 |
| "Unit" means a part of the property designed and intended |
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| for any type of independent use. | 2 |
| "Unit owner" means the person or persons whose estates or | 3 |
| interests, individually or collectively, aggregate fee simple | 4 |
| absolute ownership of a unit. | 5 |
| Section 1-10. Applicability. Unless expressly provided | 6 |
| otherwise, the provisions of this Act are applicable to all | 7 |
| common interest community associations in this State that have | 8 |
| not been submitted to the provisions of the Condominium | 9 |
| Property Act. Any provisions of a community instrument that | 10 |
| contain provisions inconsistent with this Act are void as | 11 |
| against public policy and ineffective. | 12 |
| Section 1-15. Construction, interpretation, and validity | 13 |
| of community instruments. | 14 |
| (a) Except to the extent otherwise provided by the | 15 |
| declaration or other community instruments: | 16 |
| (1) The terms defined in Section 1-5 of this Act shall | 17 |
| be deemed to have the meaning specified therein unless the | 18 |
| context otherwise requires. | 19 |
| (2) Any shutters, awnings, window boxes, doorsteps, | 20 |
| porches, balconies, patios, perimeter doors, windows in | 21 |
| perimeter walls, and any other apparatus designed to serve | 22 |
| a single unit shall be deemed a limited common area | 23 |
| appertaining to that unit exclusively. | 24 |
| (b) All provisions of the declaration, bylaws, and other |
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| community instruments are severable. | 2 |
| (c) Except to the extent otherwise provided by the | 3 |
| declaration, bylaws, or other community instruments recorded | 4 |
| prior to the effective date of this Act, in the event of a | 5 |
| conflict between the provisions of the declaration, bylaws, or | 6 |
| other community instruments, the declaration prevails except | 7 |
| to the extent the declaration is inconsistent with this Act. | 8 |
| (d) A provision in the initial declaration limiting | 9 |
| ownership, rental, or occupancy of a unit to a person 55 years | 10 |
| of age or older shall be valid and deemed not to be in | 11 |
| violation of Article 3 of the Illinois Human Rights Act | 12 |
| provided that the person or the immediate family of a person | 13 |
| owning, renting, or lawfully occupying such unit prior to the | 14 |
| recording of the initial declaration shall not be deemed to be | 15 |
| in violation of such age restriction so long as they continue | 16 |
| to own or reside in such unit. | 17 |
| Section 1-20. Amendments to the declaration or bylaws. | 18 |
| (a) The administration of every property shall be governed | 19 |
| by the declaration and bylaws, which may either be embodied in | 20 |
| the declaration or in a separate instrument, a true copy of | 21 |
| which shall be appended to and recorded with the declaration. | 22 |
| No modification or amendment of the declaration or bylaws shall | 23 |
| be valid unless the same is set forth in an amendment thereof | 24 |
| and such amendment is duly recorded. An amendment of the | 25 |
| declaration or bylaws shall be deemed effective upon |
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| recordation, unless the amendment sets forth a different | 2 |
| effective date. | 3 |
| (b) Unless otherwise provided by this Act, amendments to | 4 |
| community instruments authorized to be recorded shall be | 5 |
| executed and recorded by the president of the board or such | 6 |
| other officer authorized by the common interest community | 7 |
| association or the declaration. | 8 |
| Section 1-25. Board of managers, board of directors, | 9 |
| duties, elections, and voting. | 10 |
| (a) There shall be an election of the board of managers or | 11 |
| board of directors from among the unit owners of a common | 12 |
| interest community association. | 13 |
| (b) The terms of at least one-third of the members of the | 14 |
| board shall expire annually and all members of the board shall | 15 |
| be elected at large. | 16 |
| (c) The members of the board shall serve without | 17 |
| compensation, unless the community instruments indicate | 18 |
| otherwise. | 19 |
| (d) No member of the board or officer shall be elected for | 20 |
| a term of more than 2 years, but officers and board members may | 21 |
| succeed themselves. | 22 |
| (e) If there is a vacancy on the board, the remaining | 23 |
| members of the board may fill the vacancy by a two-thirds vote | 24 |
| of the remaining board members until the next annual meeting of | 25 |
| unit owners or until unit owners holding 20% of the votes of |
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| the association request a meeting of the unit owners to fill | 2 |
| the vacancy for the balance of the term. A meeting of the unit | 3 |
| owners shall be called for purposes of filling a vacancy on the | 4 |
| board no later than 30 days following the filing of a petition | 5 |
| signed by unit owners holding 20% of the votes of the | 6 |
| association requesting such a meeting. | 7 |
| (f) There shall be an election of a: | 8 |
| (1) president from among the members of the board, who | 9 |
| shall preside over the meetings of the board and of the | 10 |
| unit owners; | 11 |
| (2) secretary from among the members of the board, who | 12 |
| shall keep the minutes of all meetings of the board and of | 13 |
| the unit owners and who shall, in general, perform all the | 14 |
| duties incident to the office of secretary; and | 15 |
| (3) treasurer from among the members of the board, who | 16 |
| shall keep the financial records and books of account. | 17 |
| (g) If no election is held to elect board members within | 18 |
| the time period specified in the bylaws, or within a reasonable | 19 |
| amount of time thereafter not to exceed 90 days, then 20% of | 20 |
| the unit owners may bring an action to compel compliance with | 21 |
| the election requirements specified in the bylaws. If the court | 22 |
| finds that an election was not held to elect members of the | 23 |
| board within the required period, the unit owners shall be | 24 |
| entitled to recover their reasonable attorney's fees and costs. | 25 |
| If the relevant notice requirements have been met and an | 26 |
| election is not held solely due to a lack of a quorum, then |
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| this subsection (g) does not apply. | 2 |
| (h) Where there is more than one owner of a unit, if only | 3 |
| one of the multiple owners is present at a meeting of the | 4 |
| association, he or she is entitled to cast all the votes | 5 |
| allocated to that unit. A unit owner may vote: | 6 |
| (1) by proxy executed in writing by the unit owner or | 7 |
| by his or her duly authorized attorney in fact, provided, | 8 |
| however, that the proxy bears the date of execution. Unless | 9 |
| the community instruments or the written proxy itself | 10 |
| provide otherwise, proxies will not be valid for more than | 11 |
| 11 months after the date of its execution; by proxy | 12 |
| executed in writing by the unit owner or by his or her duly | 13 |
| authorized attorney in fact; that the proxy must bear the | 14 |
| date of execution and, unless the community instruments or | 15 |
| the written proxy itself provide otherwise, is invalid | 16 |
| after 11 months from the date of its execution; or | 17 |
| (2) by submitting an association-issued ballot in | 18 |
| person at the election meeting; or | 19 |
| (3) by submitting an association-issued ballot to the | 20 |
| association or its designated agent by mail or other means | 21 |
| of delivery specified in the declaration or bylaws. | 22 |
| (i) The association may, upon adoption of the appropriate | 23 |
| rules by the board, conduct elections by secret ballot whereby | 24 |
| the voting ballot is marked only with the voting interest for | 25 |
| the unit and the vote itself, provided that the association | 26 |
| shall further adopt rules to verify the status of the unit |
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| owner issuing a proxy or casting a ballot. A candidate for | 2 |
| election to the board or such candidate's representative shall | 3 |
| have the right to be present at the counting of ballots at such | 4 |
| election. | 5 |
| (j) The purchaser of a unit from a seller other than the | 6 |
| developer pursuant to an installment contract for purchase | 7 |
| shall, during such times as he or she resides in the unit, be | 8 |
| counted toward a quorum for purposes of election of members of | 9 |
| the board at any meeting of the unit owners called for purposes | 10 |
| of electing members of the board, shall have the right to vote | 11 |
| for the election of members of the common interest community | 12 |
| association and to be elected to and serve on the board unless | 13 |
| the seller expressly retains in writing any or all of such | 14 |
| rights. | 15 |
| Section 1-30. Board duties and obligations; records. | 16 |
| (a) The board shall meet at least 4 times annually. | 17 |
| (b) A member of the board of the common interest community | 18 |
| association may not enter into a contract with a current board | 19 |
| member, or with a corporation or partnership in which a board | 20 |
| member or a member of his or her immediate family has 25% or | 21 |
| more interest, unless notice of intent to enter into the | 22 |
| contract is given to unit owners within 20 days after a | 23 |
| decision is made to enter into the contract and the unit owners | 24 |
| are afforded an opportunity by filing a petition, signed by 20% | 25 |
| of the unit owners, for an election to approve or disapprove |
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| the contract; such petition shall be filed within 20 days after | 2 |
| such notice and such election shall be held within 30 days | 3 |
| after filing the petition. For purposes of this subsection, a | 4 |
| board member's immediate family means the board member's | 5 |
| spouse, parents, and children. | 6 |
| (c) The bylaws shall provide for the maintenance, repair, | 7 |
| and replacement of the common areas and payments therefor, | 8 |
| including the method of approving payment vouchers. | 9 |
| (d) The association shall have no authority to forbear the | 10 |
| payment of assessments by any unit owner. | 11 |
| (e) The association may engage the services of a manager or | 12 |
| management company. | 13 |
| (f) The association shall have one class of membership | 14 |
| unless the declaration or bylaws provide otherwise. | 15 |
| (g) The board shall have the power, after notice and an | 16 |
| opportunity to be heard, to levy and collect reasonable fines | 17 |
| from unit owners for violations of the declaration, bylaws, and | 18 |
| rules and regulations of the common interest community | 19 |
| association. Nothing contained in this subsection shall give | 20 |
| rise to a statutory lien for unpaid fines. | 21 |
| (h) Other than attorney's fees, no fees pertaining to the | 22 |
| collection of a unit owner's financial obligation to the | 23 |
| association, including fees charged by a manager or managing | 24 |
| agent, shall be added to and deemed a part of a unit owner's | 25 |
| respective share of the common expenses unless: (i) the | 26 |
| managing agent fees relate to the costs to collect common |
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| expenses for the association; (ii) the fees are set forth in a | 2 |
| contract between the managing agent and the association; and | 3 |
| (iii) the authority to add the management fees to a unit | 4 |
| owner's respective share of the common expenses is specifically | 5 |
| stated in the declaration or bylaws of the association. | 6 |
| (i) Board records. | 7 |
| (1) The board shall maintain the following records of | 8 |
| the association and make them available for examination and | 9 |
| copying at convenient hours of weekdays by any unit owner | 10 |
| in a common interest community subject to the authority of | 11 |
| the board, their mortgagees, and their duly authorized | 12 |
| agents or attorneys: | 13 |
| (i) Copies of the recorded declaration, other | 14 |
| community instruments, other duly recorded covenants | 15 |
| and bylaws and any amendments, articles of | 16 |
| incorporation, annual reports, and any rules and | 17 |
| regulations adopted by the board shall be available. | 18 |
| Prior to the organization of the board, the developer | 19 |
| shall maintain and make available the records set forth | 20 |
| in this paragraph (i) for examination and copying. | 21 |
| (ii) Detailed and accurate records in | 22 |
| chronological order of the receipts and expenditures | 23 |
| affecting the common areas, specifying and itemizing | 24 |
| the maintenance and repair expenses of the common areas | 25 |
| and any other expenses incurred, and copies of all | 26 |
| contracts, leases, or other agreements entered into by |
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| the board, shall be maintained. | 2 |
| (iii) The minutes of all meetings of the board | 3 |
| which shall be maintained for not less than 7 years. | 4 |
| (iv) Ballots and proxies related thereto, if any, | 5 |
| for any election held for the board and for any other | 6 |
| matters voted on by the unit owners, which shall be | 7 |
| maintained for not less than one year. | 8 |
| (v) Such other records of the board as are | 9 |
| available for inspection by members of a | 10 |
| not-for-profit corporation pursuant to Section 107.75 | 11 |
| of the General Not For Profit Corporation Act of 1986 | 12 |
| shall be maintained. | 13 |
| (vi) With respect to units owned by a land trust, a | 14 |
| living trust, or other legal entity, the trustee, | 15 |
| officer, or manager of the entity may designate, in | 16 |
| writing, a person to cast votes on behalf of the unit | 17 |
| owner and a designation shall remain in effect until a | 18 |
| subsequent document is filed with the association. | 19 |
| (2) Where a request for records under this subsection | 20 |
| is made in writing to the board or its agent, failure to | 21 |
| provide the requested record or to respond within 30 days | 22 |
| shall be deemed a denial by the board. | 23 |
| (3) A reasonable fee may be charged by the board for | 24 |
| the cost of copying. | 25 |
| (4) If the board fails to provide records properly | 26 |
| requested under paragraph (1) of this subsection (i) within |
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| the time period provided in that paragraph (1), the unit | 2 |
| owner may seek appropriate relief and shall be entitled to | 3 |
| an award of reasonable attorney's fees and costs if the | 4 |
| unit owner prevails. | 5 |
| (j) The board shall have standing and capacity to act in a | 6 |
| representative capacity in relation to matters involving the | 7 |
| common areas or more than one unit, on behalf of the unit | 8 |
| owners as their interests may appear. | 9 |
| Section 1-35. Unit owner powers, duties, and obligations. | 10 |
| (a) The unit owners shall have the right to vote for the | 11 |
| election of members of the board and to be elected to and serve | 12 |
| on the board unless the seller expressly retains in writing any | 13 |
| or all of those rights. In no event may the seller and | 14 |
| purchaser both be counted toward a quorum, be permitted to vote | 15 |
| for a particular office, or be elected and serve on the board. | 16 |
| In the event of a resale of a unit from a seller pursuant to an | 17 |
| installment contract during such time as the purchaser resides | 18 |
| in the unit, the purchaser shall be counted towards a quorum | 19 |
| and may vote for and be elected to serve on the board unless | 20 |
| the seller expressly retains, in writing, any or all of these | 21 |
| rights. | 22 |
| (b) The provisions of this Act, the declaration, bylaws, | 23 |
| other community instruments, and rules and regulations that | 24 |
| relate to the use of an individual unit or the common areas | 25 |
| shall be applicable to any person leasing a unit and shall be |
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| deemed to be incorporated in any lease executed or renewed on | 2 |
| or after the effective date of this Act. With regard to any | 3 |
| lease entered into subsequent to the effective date of this | 4 |
| Act, the unit owner leasing the unit shall deliver a copy of | 5 |
| the signed lease to the association or if the lease is oral, a | 6 |
| memorandum of the lease, not later than the date of occupancy | 7 |
| or 10 days after the lease is signed, whichever occurs first. | 8 |
| (c) If there are multiple owners of a single unit, only one | 9 |
| of the multiple owners shall be eligible to serve as a member | 10 |
| of the board at any one time. | 11 |
| (d) Two-thirds of the unit owners may prescribe the method | 12 |
| for the removal of a board member. | 13 |
| (e) In the event of any resale of a unit in a common | 14 |
| interest community association by a unit owner other than the | 15 |
| developer, the owner shall obtain from the board and shall make | 16 |
| available for inspection to the prospective purchaser, upon | 17 |
| demand, the following:
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| (1) A copy of the declaration, other instruments, and | 19 |
| any rules and regulations.
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| (2) A statement of any liens, including a statement of | 21 |
| the account of the unit setting forth the amounts of unpaid | 22 |
| assessments and other charges due and owing.
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| (3) A statement of any capital expenditures | 24 |
| anticipated by the association within the current or | 25 |
| succeeding 2 fiscal years.
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| (4) A statement of the status and amount of any reserve |
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| for replacement fund and any portion of such fund earmarked | 2 |
| for any specified project by the board.
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| (5) A copy of the statement of financial condition of | 4 |
| the association for the last fiscal year for which such a | 5 |
| statement is available.
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| (6) A statement of the status of any pending suits or | 7 |
| judgments in which the association is a party.
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| (7) A statement setting forth what insurance coverage | 9 |
| is provided for all unit owners by the association.
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| (8) A statement that any improvements or alterations | 11 |
| made to the unit, or any part of the common areas assigned | 12 |
| thereto, by the prior unit owner are in good faith believed | 13 |
| to be in compliance with the declaration of the | 14 |
| association.
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| The principal officer of the board or such other officer as | 16 |
| is specifically designated shall furnish the above information | 17 |
| within 30 days after receiving a written request for such | 18 |
| information. | 19 |
| A reasonable fee covering the direct out-of-pocket cost of | 20 |
| copying and providing such information may be charged by the | 21 |
| association or the board to the unit seller for providing the | 22 |
| information. | 23 |
| Section 1-40. Meetings. | 24 |
| (a) Written notice of any membership meeting shall be | 25 |
| mailed or delivered giving members no less than 10 and no more |
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| than 30 days notice of the time, place, and purpose of such | 2 |
| meeting. | 3 |
| (b) Meetings. | 4 |
| (1) Twenty percent of the unit owners shall constitute | 5 |
| a quorum, unless the community instruments indicate | 6 |
| otherwise. | 7 |
| (2) The unit owners shall hold an annual meeting, one | 8 |
| of the purposes of which shall be to elect members of the | 9 |
| board of managers or board of directors of the common | 10 |
| interest community association. | 11 |
| (3) Special meetings of the board may be called by the | 12 |
| president or 25% of the members of the board. Special | 13 |
| meetings of the unit owners may be called by the president, | 14 |
| the board, or by 20% of unit owners. | 15 |
| (4) Except to the extent otherwise provided by this | 16 |
| Act, the board shall ensure that unit owners receive notice | 17 |
| of all board meetings at least 48 hours prior to the | 18 |
| meeting by sending notice by mail, personal delivery, or by | 19 |
| posting copies of notices of meetings in entranceways, | 20 |
| elevators, or other conspicuous places in the common | 21 |
| interest community at least 48 hours prior to the meeting | 22 |
| except where there is no common entranceway for 7 or more | 23 |
| units, the board may designate one or more locations in the | 24 |
| proximity of these units where the notices of meetings | 25 |
| shall be posted. The board shall give unit owners, by mail | 26 |
| or personal delivery, notice of any board meeting |
|
|
|
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LRB096 20251 AJO 35836 b |
|
| 1 |
| concerning the adoption of (i) the proposed annual budget, | 2 |
| (ii) regular assessments, or (iii) a separate or special | 3 |
| assessment within 10 to 30 days prior to the meeting, | 4 |
| unless otherwise provided in Section 1-45 (a) or any other | 5 |
| provision of this Act. | 6 |
| (5) Meetings of the board shall be open to any unit | 7 |
| owner, except for the portion of any meeting held (i) to | 8 |
| discuss litigation when an action against or on behalf of | 9 |
| the particular association has been filed and is pending in | 10 |
| a court or administrative tribunal, or when the common | 11 |
| interest community association finds that such an action is | 12 |
| probable or imminent, (ii) to consider information | 13 |
| regarding appointment, employment, or dismissal of an | 14 |
| employee, or (iii) to discuss violations of rules and | 15 |
| regulations of the association or a unit owner's unpaid | 16 |
| share of common expenses. Any vote on these matters shall | 17 |
| be taken at a meeting or portion thereof open to any unit | 18 |
| owner. | 19 |
| (6) The board must reserve a portion of the meeting of | 20 |
| the board for comments by unit owners. | 21 |
| Section 1-45. Finances. | 22 |
| (a) Each unit owner shall receive, at least 30 days prior | 23 |
| to the adoption thereof by the board, a copy of the proposed | 24 |
| annual budget together with an indication of which portions are | 25 |
| intended for reserves, capital expenditures or repairs or |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| payment of real estate taxes. | 2 |
| (b) The board shall annually supply to all unit owners an | 3 |
| itemized accounting of the common expenses for the preceding | 4 |
| year actually incurred or paid, together with an indication of | 5 |
| which portions were for reserves, capital expenditures or | 6 |
| repairs or payment of real estate taxes and with a tabulation | 7 |
| of the amounts collected pursuant to the budget or assessment, | 8 |
| and showing the net excess or deficit of income over | 9 |
| expenditures plus reserves. | 10 |
| (c) If an adopted budget or any separate assessment adopted | 11 |
| by the board would result in the sum of all regular and | 12 |
| separate assessments payable in the current fiscal year | 13 |
| exceeding 115% of the sum of all regular and separate | 14 |
| assessments payable during the preceding fiscal year, the | 15 |
| common interest community association, upon written petition | 16 |
| by unit owners with 20% of the votes of the association | 17 |
| delivered to the board within 14 days of the board action, | 18 |
| shall call a meeting of the unit owners within 30 days of the | 19 |
| date of delivery of the petition to consider the budget or | 20 |
| separate assessment; unless a majority of the total votes of | 21 |
| the unit owners are cast at the meeting to reject the budget or | 22 |
| separate assessment, it shall be deemed ratified. | 23 |
| (d) Any common expense not set forth in the budget or any | 24 |
| increase in assessments over the amount adopted in the budget | 25 |
| shall be separately assessed against all unit owners. | 26 |
| (e) Separate assessments for expenditures relating to |
|
|
|
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LRB096 20251 AJO 35836 b |
|
| 1 |
| emergencies or mandated by law may be adopted by the board | 2 |
| without being subject to unit owner approval or the provisions | 3 |
| of subsection (c) or (f) of this Section. As used herein, | 4 |
| "emergency" means an immediate danger to the structural | 5 |
| integrity of the common areas or to the life, health, safety, | 6 |
| or property of the unit owners. | 7 |
| (f) Assessments for additions and alterations to the common | 8 |
| areas or to association-owned property not included in the | 9 |
| adopted annual budget, shall be separately assessed and are | 10 |
| subject to approval of two-thirds of the total votes of all | 11 |
| unit owners. | 12 |
| (g) The board may adopt separate assessments payable over | 13 |
| more than one fiscal year. With respect to multi-year | 14 |
| assessments not governed by subsections (e) and (f) of this | 15 |
| Section, the entire amount of the multi-year assessment shall | 16 |
| be deemed considered and authorized in the first fiscal year in | 17 |
| which the assessment is approved. | 18 |
| Section 1-50. Administration of property prior to election | 19 |
| of the initial board of directors. | 20 |
| (a) Until the election of the initial board whose | 21 |
| declaration is recorded on or after the effective date of this | 22 |
| Act, the same rights, titles, powers, privileges, trusts, | 23 |
| duties, and obligations that are vested in or imposed upon the | 24 |
| board by this Act or in the declaration or other duly recorded | 25 |
| covenant shall be held and performed by the developer.
|
|
|
|
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LRB096 20251 AJO 35836 b |
|
| 1 |
| (b) The election of the initial board, whose declaration is | 2 |
| recorded on or after the effective date of this Act shall be | 3 |
| held not later than 60 days after the conveyance by the | 4 |
| developer of 75% of the units, or 3 years after the recording | 5 |
| of the declaration, whichever is earlier. The developer shall | 6 |
| give at least 21 days' notice of the meeting to elect the | 7 |
| initial board of directors and shall upon request provide to | 8 |
| any unit owner, within 3 working days of the request, the | 9 |
| names, addresses, and weighted vote of each unit owner entitled | 10 |
| to vote at the meeting. Any unit owner shall, upon receipt of | 11 |
| the request, be provided with the same information, within 10 | 12 |
| days after the request, with respect to each subsequent meeting | 13 |
| to elect members of the board of directors.
| 14 |
| (c) If the initial board of a common interest community | 15 |
| association whose declaration is recorded on or after the | 16 |
| effective date of this Act is not elected by the time | 17 |
| established in subsection (b), the developer shall continue in | 18 |
| office for a period of 30 days, whereupon written notice of his | 19 |
| or her resignation shall be sent to all of the unit owners or | 20 |
| members.
| 21 |
| (d) Within 60 days following the election of a majority of | 22 |
| the board, other than the developer, by unit owners, the | 23 |
| developer shall deliver to the board:
| 24 |
| (1) All original documents as recorded or filed | 25 |
| pertaining to the property, its administration, and the | 26 |
| association, such as the declaration, articles of |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| incorporation, other instruments, annual reports, minutes, | 2 |
| rules and regulations, and contracts, leases, or other | 3 |
| agreements entered into by the association. If any original | 4 |
| documents are unavailable, a copy may be provided if | 5 |
| certified by affidavit of the developer, or an officer or | 6 |
| agent of the developer, as being a complete copy of the | 7 |
| actual document recorded or filed.
| 8 |
| (2) A detailed accounting by the developer, setting | 9 |
| forth the source and nature of receipts and expenditures in | 10 |
| connection with the management, maintenance, and operation | 11 |
| of the property, copies of all insurance policies, and a | 12 |
| list of any loans or advances to the association which are | 13 |
| outstanding.
| 14 |
| (3) Association funds, which shall have been at all | 15 |
| times segregated from any other moneys of the developer.
| 16 |
| (4) A schedule of all real or personal property, | 17 |
| equipment, and fixtures belonging to the association, | 18 |
| including documents transferring the property, warranties, | 19 |
| if any, for all real and personal property and equipment, | 20 |
| deeds, title insurance policies, and all tax bills.
| 21 |
| (5) A list of all litigation, administrative action, | 22 |
| and arbitrations involving the association, any notices of | 23 |
| governmental bodies involving actions taken or which may be | 24 |
| taken concerning the association, engineering and | 25 |
| architectural drawings and specifications as approved by | 26 |
| any governmental authority, all other documents filed with |
|
|
|
SB3180 Engrossed |
- 24 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| any other governmental authority, all governmental | 2 |
| certificates, correspondence involving enforcement of any | 3 |
| association requirements, copies of any documents relating | 4 |
| to disputes involving unit owners, and originals of all | 5 |
| documents relating to everything listed in this paragraph.
| 6 |
| (6) If the developer fails to fully comply with this | 7 |
| subsection (d) within the 60 days provided and fails to | 8 |
| fully comply within 10 days after written demand mailed by | 9 |
| registered or certified mail to his or her last known | 10 |
| address, the board may bring an action to compel compliance | 11 |
| with this subsection (d). If the court finds that any of | 12 |
| the required deliveries were not made within the required | 13 |
| period, the board shall be entitled to recover its | 14 |
| reasonable attorney's fees and costs incurred from and | 15 |
| after the date of expiration of the 10 day demand.
| 16 |
| (e) With respect to any common interest community | 17 |
| association whose declaration is recorded on or after the | 18 |
| effective date of this Act, any contract, lease, or other | 19 |
| agreement made prior to the election of a majority of the board | 20 |
| other than the developer by or on behalf of unit owners or | 21 |
| underlying common interest community association, the | 22 |
| association or the board, which extends for a period of more | 23 |
| than 2 years from the recording of the declaration, shall be | 24 |
| subject to cancellation by more than one-half of the votes of | 25 |
| the unit owners, other than the developer, cast at a special | 26 |
| meeting of members called for that purpose during a period of |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| 90 days prior to the expiration of the 2 year period if the | 2 |
| board is elected by the unit owners, otherwise by more than | 3 |
| one-half of the underlying common interest community | 4 |
| association board. At least 60 days prior to the expiration of | 5 |
| the 2 year period, the board or, if the board is still under | 6 |
| developer control, the developer shall send notice to every | 7 |
| unit owner notifying them of this provision, of what contracts, | 8 |
| leases, and other agreements are affected, and of the procedure | 9 |
| for calling a meeting of the unit owners or for action by the | 10 |
| board for the purpose of acting to terminate such contracts, | 11 |
| leases or other agreements. During the 90 day period the other | 12 |
| party to the contract, lease, or other agreement shall also | 13 |
| have the right of cancellation.
| 14 |
| (f) The statute of limitations for any actions in law or | 15 |
| equity that the board may bring shall not begin to run until | 16 |
| the unit owners have elected a majority of the members of the | 17 |
| board.
| 18 |
| Section 1-55. Fidelity insurance. An association with 30 or | 19 |
| more units shall obtain and maintain fidelity insurance | 20 |
| covering persons who control or disburse funds of the | 21 |
| association for the maximum amount of coverage available to | 22 |
| protect funds in the custody or control of the association plus | 23 |
| the association reserve fund. All management companies which | 24 |
| are responsible for the funds held or administered by the | 25 |
| association shall maintain and furnish to the association a |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| fidelity bond for the maximum amount of coverage available to | 2 |
| protect funds in the custody of the management company at any | 3 |
| time. The association shall bear the cost of the fidelity | 4 |
| insurance and fidelity bond, unless otherwise provided by | 5 |
| contract between the association and a management company. | 6 |
| Section 1-60. Errors and omissions. | 7 |
| (a) If there is an omission or error in the declaration or | 8 |
| other instrument of the association, the association may | 9 |
| correct the error or omission by an amendment to the | 10 |
| declaration or other instrument, as may be required to conform | 11 |
| it to this Act, to any other applicable statute, or to the | 12 |
| declaration. The amendment shall be adopted by vote of | 13 |
| two-thirds of the members of the board of directors or by a | 14 |
| majority vote of the unit owners at a meeting called for that | 15 |
| purpose, unless the Act or the declaration of the unit owners | 16 |
| at a meeting called for that purpose, unless the Act or the | 17 |
| declaration of the association specifically provides for | 18 |
| greater percentages or different procedures. | 19 |
| (b) If, through a scrivener's error, a unit has not been | 20 |
| designated as owning an appropriate undivided share of the | 21 |
| common areas or does not bear an appropriate share of the | 22 |
| common expenses, or if all of the common expenses or all of the | 23 |
| common elements have not been distributed in the declaration, | 24 |
| so that the sum total of the shares of common areas which have | 25 |
| been distributed or the sum total of the shares of the common |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| expenses fail to equal 100%, or if it appears that more than | 2 |
| 100% of the common elements or common expenses have been | 3 |
| distributed, the error may be corrected by operation of law by | 4 |
| filing an amendment to the declaration, approved by vote of | 5 |
| two-thirds of the members of the board or a majority vote of | 6 |
| the unit owners at a meeting called for that purpose, which | 7 |
| proportionately adjusts all percentage interests so that the | 8 |
| total is equal to 100%, unless the declaration specifically | 9 |
| provides for a different procedure or different percentage vote | 10 |
| by the owners of the units and the owners of mortgages thereon | 11 |
| affected by modification being made in the undivided interest | 12 |
| in the common areas, the number of votes in the association or | 13 |
| the liability for common expenses appertaining to the unit.
| 14 |
| (c) If a scrivener's error in the declaration or other | 15 |
| instrument is corrected by vote of two-thirds of the members of | 16 |
| the board pursuant to the authority established in subsection | 17 |
| (b), the board, upon written petition by unit owners with 20% | 18 |
| of the votes of the association received within 30 days of the | 19 |
| board action, shall call a meeting of the unit owners within 30 | 20 |
| days of the filing of the petition or receipt of the common | 21 |
| interest community association resolution to consider the | 22 |
| board action. Unless a majority of the votes of the unit owners | 23 |
| of the association are cast at the meeting to reject the | 24 |
| action, it is ratified whether or not a quorum is present.
| 25 |
| (d) Nothing contained in this Section shall be construed to | 26 |
| invalidate any provision of a declaration authorizing the |
|
|
|
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LRB096 20251 AJO 35836 b |
|
| 1 |
| developer to amend an instrument prior to the latest date on | 2 |
| which the initial membership meeting of the unit owners must be | 3 |
| held, whether or not it has actually been held, to bring the | 4 |
| instrument into compliance with the legal requirements of the | 5 |
| Federal National Mortgage Association, the Federal Home Loan | 6 |
| Mortgage Corporation, the Federal Housing Administration, the | 7 |
| United States Department of Veterans Affairs, or their | 8 |
| respective successors and assigns.
| 9 |
| Section 1-65. Management company. A management company | 10 |
| holding reserve funds of an association shall at all times | 11 |
| maintain a separate account for each association, provided, | 12 |
| however, that for investment purposes, the board of managers of | 13 |
| an association may authorize a management company to maintain | 14 |
| the association's reserve funds in a single interest bearing | 15 |
| account with similar funds of other associations. The | 16 |
| management company shall at all times maintain records | 17 |
| identifying all moneys of each association in such investment | 18 |
| account unless the association and the management company | 19 |
| otherwise provide in the management agreement. The management | 20 |
| company may hold all operating funds of associations which it | 21 |
| manages in a single operating account, but shall at all times | 22 |
| maintain records identifying all moneys of each association in | 23 |
| such operating account. Such operating and reserve funds held | 24 |
| by the management company for the association shall not be | 25 |
| subject to attachment by any creditor of the management |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| company. A management company that provides common interest | 2 |
| community association management services for more than one | 3 |
| common interest community association shall maintain separate, | 4 |
| segregated accounts for each common interest community | 5 |
| association. The funds shall not, in any event, be commingled | 6 |
| with funds of the management company, the firm of the | 7 |
| management company, or any other common interest community | 8 |
| association. The maintenance of these accounts shall be | 9 |
| custodial, and the accounts shall be in the name of the | 10 |
| respective common interest community association. | 11 |
| Section 1-70. Display of American flag or military flag.
| 12 |
| (a) Notwithstanding any provision in the declaration, | 13 |
| bylaws, community instruments, rules, regulations, or | 14 |
| agreements or other instruments of a common interest community | 15 |
| association or a board's construction of any of those | 16 |
| instruments, a board may not prohibit the display of the | 17 |
| American flag or a military flag, or both, on or within the | 18 |
| limited common areas and facilities of a unit owner or on the | 19 |
| immediately adjacent exterior of the building in which the unit | 20 |
| of a unit owner is located. A board may adopt reasonable rules | 21 |
| and regulations, consistent with Sections 4 through 10 of | 22 |
| Chapter 1 of Title 4 of the United States Code, regarding the | 23 |
| placement and manner of display of the American flag and a | 24 |
| board may adopt reasonable rules and regulations regarding the | 25 |
| placement and manner of display of a military flag. A board may |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| not prohibit the installation of a flagpole for the display of | 2 |
| the American flag or a military flag, or both, on or within the | 3 |
| limited common areas and facilities of a unit owner or on the | 4 |
| immediately adjacent exterior of the building in which the unit | 5 |
| of a unit owner is located, but a board may adopt reasonable | 6 |
| rules and regulations regarding the location and size of | 7 |
| flagpoles.
| 8 |
| (b) As used in this Section:
| 9 |
| "American flag" means the flag of the United States (as | 10 |
| defined in Section 1 of Chapter 1 of Title 4 of the United | 11 |
| States Code and the Executive Orders entered in connection | 12 |
| with that Section) made of fabric, cloth, or paper | 13 |
| displayed from a staff or flagpole or in a window, but | 14 |
| "American flag" does not include a depiction or emblem of | 15 |
| the American flag made of lights, paint, roofing, siding, | 16 |
| paving materials, flora, or balloons, or any other similar | 17 |
| building, landscaping, or decorative component.
| 18 |
| "Military flag" means a flag of any branch of the | 19 |
| United States armed forces or the Illinois National Guard | 20 |
| made of fabric, cloth, or paper displayed from a staff or | 21 |
| flagpole or in a window, but "military flag" does not | 22 |
| include a depiction or emblem of a military flag made of | 23 |
| lights, paint, roofing, siding, paving materials, flora, | 24 |
| or balloons, or any other similar building, landscaping, or | 25 |
| decorative component.
|
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| Article 5 | 2 |
| Section 5-1. Short title. This Article may be cited as the | 3 |
| Service Member Residential Property Act , and references in this | 4 |
| Article to "this Act" mean this Article. | 5 |
| Section 5-5. Definitions. For purposes of this Act: | 6 |
| "Military service" means Federal service or active duty | 7 |
| with any branch of service hereinafter referred to as well as | 8 |
| training or education under the supervision of the United | 9 |
| States preliminary to induction into the military service for a | 10 |
| period of not less than 180 days. "Military service" also | 11 |
| includes any period of active duty with the State of Illinois | 12 |
| pursuant to the orders of the President of the United States or | 13 |
| the Governor. | 14 |
| "Service member" means and includes the following persons | 15 |
| and no others: all members of the Army of the United States, | 16 |
| the United States Navy, the Marine Corps, the Air Force, the | 17 |
| Coast Guard and all members of the State Militia called into | 18 |
| the service or training of the United States of America or of | 19 |
| this State. | 20 |
| The foregoing definitions shall apply both to voluntary | 21 |
| enlistment and to induction into service by draft or | 22 |
| conscription. | 23 |
| Section 5-10. Service member residential lease. The |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| provisions of this Act apply to a lease of residential premises | 2 |
| occupied, or intended to be occupied, by a service member or a | 3 |
| service member's dependents if: | 4 |
| (1) the lease is executed by or on behalf of a person | 5 |
| who thereafter and during the term of the lease enters | 6 |
| military service; or | 7 |
| (2) the service member, while in military service, | 8 |
| executes the lease and thereafter receives military orders | 9 |
| for a permanent change of station or to deploy with a | 10 |
| military unit, or as an individual in support of a military | 11 |
| operation, for a period of not less than 90 days. | 12 |
| Section 5-15. Termination by lessee. The lessee on a lease | 13 |
| described in Section 5-10 may, at the lessee's option, | 14 |
| terminate the lease at any time after (i) the lessee's entry | 15 |
| into military service or (ii) the date of the lessee's military | 16 |
| orders described in subdivision (2) of Section 5-10, as the | 17 |
| case may be. | 18 |
| Section 5-20. Manner of termination; effective date of | 19 |
| termination. | 20 |
| (a) A lessee's termination of a lease pursuant to this | 21 |
| subsection shall terminate any obligation a dependent of the | 22 |
| lessee may have under the lease. | 23 |
| (b) Termination of a lease under Section 5-15 is made by | 24 |
| delivery by the lessee of written notice of such termination, |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| and a copy of the service member's military orders, to the | 2 |
| lessor, the lessor's grantee, the lessor's agent, or the | 3 |
| agent's grantee. Delivery of notice may be accomplished (i) by | 4 |
| hand delivery, (ii) by private business carrier, or (iii) by | 5 |
| placing the written notice in the United States mail in an | 6 |
| envelope with sufficient postage and with return receipt | 7 |
| requested, and addressed as designated by the lessor, the | 8 |
| lessor's grantee, the lessor's agent, or the agent's grantee. | 9 |
| (c) In the case of a lease that provides for monthly | 10 |
| payment of rent, termination of the lease under Section 5-15 is | 11 |
| effective 30 days after the first date on which the next rental | 12 |
| payment is due and payable after the date on which the notice | 13 |
| under subsection (b) of this Section is delivered. In the case | 14 |
| of any other lease, termination of the lease under Section 5-15 | 15 |
| is effective on the last day of the month following the month | 16 |
| in which the notice is delivered. | 17 |
| Section 5-25. Arrearages, obligations, and liabilities. | 18 |
| (a) Rents or lease amounts unpaid for the period preceding | 19 |
| the effective date of the lease termination shall be paid on a | 20 |
| prorated basis. Rents or lease amounts paid in advance for a | 21 |
| period after the effective date of the termination of the lease | 22 |
| shall be refunded to the lessee by the lessor, the lessor's | 23 |
| grantee, the lessor's agent, or the agent's grantee within 30 | 24 |
| days after the effective date of the termination of the lease. | 25 |
| Any relief granted by this Act to a service member may be |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
|
| 1 |
| modified as justice and equity require. | 2 |
| (b) Upon termination of a rental agreement under this Act, | 3 |
| the tenant is liable for the rent due under the rental | 4 |
| agreement prorated to the effective date of the termination | 5 |
| payable at such time as would have otherwise been required by | 6 |
| the terms of the rental agreement. The tenant is not liable for | 7 |
| any other rent or any liquidated damages due to the early | 8 |
| termination; provided however, that a tenant may be liable for | 9 |
| the cost of repairing damage to the premises caused by an act | 10 |
| or omission of the tenant. | 11 |
| Section 5-30. Violation. A violation of this Act | 12 |
| constitutes a civil rights violation under the Illinois Human | 13 |
| Rights Act. The remedy and rights provided under this Act are | 14 |
| in addition to and do not preclude any remedy for wrongful | 15 |
| conversion otherwise available under law to the person claiming | 16 |
| relief under this Act, including any award for consequential or | 17 |
| punitive damages.
| 18 |
| Section 5-90. The Condominium Property Act is amended by | 19 |
| changing Section 18.5 as follows:
| 20 |
| (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
| 21 |
| Sec. 18.5. Master Associations.
| 22 |
| (a) If the declaration, other condominium instrument, or | 23 |
| other duly
recorded covenants provide that any of the powers of |
|
|
|
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LRB096 20251 AJO 35836 b |
|
| 1 |
| the unit owners
associations are to be exercised by or may be | 2 |
| delegated to a nonprofit
corporation or unincorporated | 3 |
| association that exercises
those or other powers on behalf of | 4 |
| one or more condominiums, or for the
benefit of the unit owners | 5 |
| of one or more condominiums, such
corporation or association | 6 |
| shall be a master association.
| 7 |
| (b) There shall be included in the declaration, other
| 8 |
| condominium instruments, or other duly recorded covenants | 9 |
| establishing
the powers and duties of the master association | 10 |
| the provisions set forth in
subsections (c) through (h).
| 11 |
| In interpreting subsections (c) through (h), the courts | 12 |
| should
interpret these provisions so that they are interpreted | 13 |
| consistently with
the similar parallel provisions found in | 14 |
| other parts of this Act.
| 15 |
| (c) Meetings and finances.
| 16 |
| (1) Each unit owner of a condominium subject to the | 17 |
| authority of
the board of the master association shall | 18 |
| receive, at least 30 days prior
to the adoption thereof by | 19 |
| the board of the master association, a copy of
the proposed | 20 |
| annual budget.
| 21 |
| (2) The board of the master association shall annually | 22 |
| supply to
all unit owners of condominiums subject to the | 23 |
| authority of the board
of the master association an | 24 |
| itemized accounting of the common
expenses for the | 25 |
| preceding year actually incurred or paid, together with a
| 26 |
| tabulation of the amounts collected pursuant to the budget |
|
|
|
SB3180 Engrossed |
- 36 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| or assessment,
and showing the net excess or deficit of | 2 |
| income over expenditures plus
reserves.
| 3 |
| (3) Each unit owner of a condominium subject to the | 4 |
| authority of
the board of the master association shall | 5 |
| receive written notice mailed
or delivered no less than 10 | 6 |
| and no more than 30 days prior to any meeting
of the board | 7 |
| of the master association concerning the adoption of the | 8 |
| proposed
annual budget or any increase in the budget, or | 9 |
| establishment of an
assessment.
| 10 |
| (4) Meetings of the board of the master association | 11 |
| shall be open
to any unit owner in a condominium subject to | 12 |
| the authority of the board
of the master association, | 13 |
| except for the portion of any meeting held:
| 14 |
| (A) to discuss litigation when an action against or | 15 |
| on behalf of the
particular master association has been | 16 |
| filed and is pending in a court or
administrative | 17 |
| tribunal, or when the board of the master association | 18 |
| finds
that such an action is probable or imminent,
| 19 |
| (B) to consider information regarding appointment, | 20 |
| employment or
dismissal of an employee, or
| 21 |
| (C) to discuss violations of rules and regulations | 22 |
| of the master
association or unpaid common expenses | 23 |
| owed to the master association.
| 24 |
| Any vote on these matters shall be taken at a meeting or | 25 |
| portion thereof
open to any unit owner of a condominium | 26 |
| subject to the authority of the
master association.
|
|
|
|
SB3180 Engrossed |
- 37 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| Any unit owner may record the proceedings at meetings | 2 |
| required
to be open by this Act by tape, film or other | 3 |
| means; the board may
prescribe reasonable rules and | 4 |
| regulations to govern the right to make such
recordings. | 5 |
| Notice of meetings shall be mailed or delivered at least 48
| 6 |
| hours prior thereto, unless a written waiver of such notice | 7 |
| is signed by
the persons entitled to notice before the | 8 |
| meeting is convened. Copies of
notices of meetings of the | 9 |
| board of the master association shall be posted
in | 10 |
| entranceways, elevators, or other conspicuous places in | 11 |
| the condominium
at least 48 hours prior to the meeting of | 12 |
| the board of the master
association. Where there is no | 13 |
| common entranceway for 7 or more units, the
board of the | 14 |
| master association may designate one or more locations in | 15 |
| the
proximity of these units where the notices of meetings | 16 |
| shall be posted.
| 17 |
| (5) If the declaration provides for election by unit | 18 |
| owners of members
of the board of directors in the event of | 19 |
| a resale of a unit in the master
association, the purchaser | 20 |
| of a unit from a seller other than the developer
pursuant | 21 |
| to an installment contract for purchase shall, during such
| 22 |
| times as he or she resides in the unit, be counted toward a | 23 |
| quorum for
purposes of election of members of the board of | 24 |
| directors at any
meeting of the unit owners called for | 25 |
| purposes of electing members of the
board, and shall have | 26 |
| the right to vote for the election of members of
the board |
|
|
|
SB3180 Engrossed |
- 38 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| of directors and to be elected to and serve on the board of
| 2 |
| directors unless the seller expressly retains in writing
| 3 |
| any or all of those rights. In no event may the seller and
| 4 |
| purchaser both be counted toward a quorum, be permitted to | 5 |
| vote for a
particular office, or be elected and serve on | 6 |
| the board. Satisfactory
evidence of the installment | 7 |
| contract shall be made available to the
association or its | 8 |
| agents. For purposes of this subsection, "installment
| 9 |
| contract" shall have the same meaning as set forth in | 10 |
| subsection (e) of
Section 1 of the Dwelling Unit | 11 |
| Installment Contract Act.
| 12 |
| (6) The board of the master association shall have the | 13 |
| authority to
establish and maintain a system of master | 14 |
| metering of public utility
services and to collect payments | 15 |
| in connection therewith, subject to the
requirements of the | 16 |
| Tenant Utility Payment Disclosure Act.
| 17 |
| (7) The board of the master association or a common | 18 |
| interest community
association shall have the power, after | 19 |
| notice and an opportunity to be heard,
to levy and collect | 20 |
| reasonable fines from members for violations of the
| 21 |
| declaration, bylaws, and rules and regulations of the | 22 |
| master association or
the common interest community | 23 |
| association. Nothing contained in this
subdivision (7) | 24 |
| shall give rise to a statutory lien for unpaid fines.
| 25 |
| (8) Other than attorney's fees, no fees pertaining to | 26 |
| the collection of a unit owner's financial obligation to |
|
|
|
SB3180 Engrossed |
- 39 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| the Association, including fees charged by a manager or | 2 |
| managing agent, shall be added to and deemed a part of an | 3 |
| owner's respective share of the common expenses unless: (i) | 4 |
| the managing agent fees relate to the costs to collect | 5 |
| common expenses for the Association; (ii) the fees are set | 6 |
| forth in a contract between the managing agent and the | 7 |
| Association; and (iii) the authority to add the management | 8 |
| fees to an owner's respective share of the common expenses | 9 |
| is specifically stated in the declaration or bylaws of the | 10 |
| Association. | 11 |
| (d) Records.
| 12 |
| (1) The board of the master association shall maintain | 13 |
| the following
records of the association and make them | 14 |
| available for examination and
copying at convenient hours | 15 |
| of weekdays by any unit owners in a condominium
subject to | 16 |
| the authority of the board or their mortgagees and their | 17 |
| duly
authorized agents or attorneys:
| 18 |
| (i) Copies of the recorded declaration, other | 19 |
| condominium instruments,
other duly recorded covenants | 20 |
| and bylaws and any amendments, articles of
| 21 |
| incorporation of the master association, annual | 22 |
| reports and any rules and
regulations adopted by the | 23 |
| master association or its board shall
be available. | 24 |
| Prior to the organization of the master association, | 25 |
| the
developer shall maintain and make available the | 26 |
| records set forth in this
subdivision (d)(1) for |
|
|
|
SB3180 Engrossed |
- 40 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| examination and copying.
| 2 |
| (ii) Detailed and accurate records in | 3 |
| chronological order of the
receipts and expenditures | 4 |
| affecting the common areas, specifying and
itemizing | 5 |
| the maintenance and repair expenses of the common areas | 6 |
| and any
other expenses incurred, and copies of all | 7 |
| contracts, leases, or other
agreements entered into by | 8 |
| the master association, shall be maintained.
| 9 |
| (iii) The minutes of all meetings of the master | 10 |
| association and the
board of the master association | 11 |
| shall be maintained for not less than 7 years.
| 12 |
| (iv) Ballots and proxies related thereto, if any, | 13 |
| for any election
held for the board of the master | 14 |
| association and for any other matters
voted on by the | 15 |
| unit owners shall be maintained for
not less than one | 16 |
| year.
| 17 |
| (v) Such other records of the master association as | 18 |
| are available
for inspection by members of a | 19 |
| not-for-profit corporation pursuant to
Section 107.75 | 20 |
| of the General Not For Profit Corporation Act of 1986 | 21 |
| shall
be maintained.
| 22 |
| (vi) With respect to units owned by a land trust, | 23 |
| if a trustee
designates in writing a person to cast | 24 |
| votes on behalf of the unit
owner, the designation | 25 |
| shall remain in effect until a subsequent document
is | 26 |
| filed with the association.
|
|
|
|
SB3180 Engrossed |
- 41 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| (2) Where a request for records under this subsection | 2 |
| is made in writing
to the board of managers or its agent, | 3 |
| failure to provide the requested
record or to respond | 4 |
| within 30 days shall be deemed a denial by the board
of | 5 |
| directors.
| 6 |
| (3) A reasonable fee may be charged by the master | 7 |
| association or its
board for the cost of copying.
| 8 |
| (4) If the board of directors fails to provide records | 9 |
| properly
requested under subdivision (d)(1) within the
| 10 |
| time period provided in subdivision (d)(2), the
unit owner | 11 |
| may seek appropriate relief, including an award of
| 12 |
| attorney's fees and costs.
| 13 |
| (e) The board of directors shall have standing and capacity | 14 |
| to act in
a representative capacity in relation to matters | 15 |
| involving the common areas
of the master association or more | 16 |
| than one unit, on behalf of the unit
owners as their interests | 17 |
| may appear.
| 18 |
| (f) Administration of property prior to election of the | 19 |
| initial board
of directors.
| 20 |
| (1) Until the election, by the unit owners or the | 21 |
| boards of
managers of the underlying condominium | 22 |
| associations, of the initial board
of directors of a master | 23 |
| association whose declaration is recorded on
or after | 24 |
| August 10, 1990, the same rights, titles, powers, | 25 |
| privileges,
trusts, duties and obligations that are vested | 26 |
| in or imposed upon the board
of directors by this Act or in |
|
|
|
SB3180 Engrossed |
- 42 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| the declaration or other duly recorded
covenant shall be | 2 |
| held and performed by the developer.
| 3 |
| (2) The election of the initial board of directors of a | 4 |
| master
association whose declaration is recorded on or | 5 |
| after August 10, 1990, by
the unit owners or the boards of | 6 |
| managers of the underlying condominium
associations, shall | 7 |
| be held not later than 60 days after the conveyance by
the | 8 |
| developer of 75% of the units, or 3 years after the | 9 |
| recording of the
declaration, whichever is earlier. The | 10 |
| developer shall give at least 21
days notice of the meeting | 11 |
| to elect the initial board of directors and
shall upon | 12 |
| request provide to any unit owner, within 3 working days of | 13 |
| the
request, the names, addresses, and weighted vote of | 14 |
| each unit owner entitled to vote at the
meeting. Any unit | 15 |
| owner shall upon receipt of the request be provided with
| 16 |
| the same
information, within 10 days of the request, with | 17 |
| respect to
each
subsequent meeting to elect members of the | 18 |
| board of directors.
| 19 |
| (3) If the initial board of directors of a master | 20 |
| association
whose declaration is recorded on or after | 21 |
| August 10, 1990 is not elected by
the unit owners or the | 22 |
| members of the underlying condominium association
board of | 23 |
| managers at the time established in subdivision (f)(2), the
| 24 |
| developer shall continue in office for a period of 30 days, | 25 |
| whereupon
written notice of his resignation shall be sent | 26 |
| to all of the unit owners
or members of the underlying |
|
|
|
SB3180 Engrossed |
- 43 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| condominium board of managers entitled to vote
at an | 2 |
| election for members of the board of directors.
| 3 |
| (4) Within 60 days following the election of a majority | 4 |
| of the board
of directors, other than the developer, by | 5 |
| unit owners, the developer shall
deliver to the board of | 6 |
| directors:
| 7 |
| (i) All original documents as recorded or filed | 8 |
| pertaining to the
property, its administration, and | 9 |
| the association, such as the declaration,
articles of | 10 |
| incorporation, other instruments, annual reports, | 11 |
| minutes,
rules and regulations, and contracts, leases, | 12 |
| or other
agreements entered into by the association. If | 13 |
| any original documents are
unavailable, a copy may be | 14 |
| provided if certified by affidavit of the
developer, or | 15 |
| an officer or agent of the developer, as being a | 16 |
| complete
copy of the actual document recorded or filed.
| 17 |
| (ii) A detailed accounting by the developer, | 18 |
| setting forth the
source and nature of receipts and | 19 |
| expenditures in connection with the
management, | 20 |
| maintenance and operation of the property, copies
of | 21 |
| all insurance policies, and a list of any loans or | 22 |
| advances to the
association which are outstanding.
| 23 |
| (iii) Association funds, which shall have been at | 24 |
| all times
segregated from any other moneys of the | 25 |
| developer.
| 26 |
| (iv) A schedule of all real or personal property, |
|
|
|
SB3180 Engrossed |
- 44 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| equipment and
fixtures belonging to the association, | 2 |
| including documents transferring the
property, | 3 |
| warranties, if any, for all real and personal property | 4 |
| and
equipment, deeds, title insurance policies, and | 5 |
| all tax bills.
| 6 |
| (v) A list of all litigation, administrative | 7 |
| action and arbitrations
involving the association, any | 8 |
| notices of governmental bodies involving
actions taken | 9 |
| or which may be taken concerning the association, | 10 |
| engineering and
architectural drawings and | 11 |
| specifications as approved by any governmental
| 12 |
| authority, all other documents filed with any other | 13 |
| governmental authority,
all governmental certificates, | 14 |
| correspondence involving enforcement of any
| 15 |
| association requirements, copies of any documents | 16 |
| relating to disputes
involving unit owners, and | 17 |
| originals of all documents relating to
everything | 18 |
| listed in this subparagraph.
| 19 |
| (vi) If the developer fails to fully comply with | 20 |
| this paragraph (4)
within
the 60 days
provided and | 21 |
| fails to fully comply within 10 days of written demand | 22 |
| mailed by
registered
or certified mail to his or her | 23 |
| last known address, the board may bring an
action to
| 24 |
| compel compliance with this paragraph (4).
If the court | 25 |
| finds that any of the
required
deliveries were not made | 26 |
| within the required period, the board shall be
entitled |
|
|
|
SB3180 Engrossed |
- 45 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| to recover
its reasonable attorneys' fees and costs | 2 |
| incurred from and after the date of
expiration of
the | 3 |
| 10 day demand.
| 4 |
| (5) With respect to any master association whose | 5 |
| declaration is
recorded on or after August 10, 1990, any | 6 |
| contract, lease, or other
agreement made prior to the | 7 |
| election of a majority of the board of
directors other than | 8 |
| the developer by or on behalf of unit owners or
underlying | 9 |
| condominium associations, the association or the board of
| 10 |
| directors, which extends for a period of more than 2 years | 11 |
| from the
recording of the declaration, shall be subject to | 12 |
| cancellation by more than
1/2 of the votes of the unit | 13 |
| owners, other than the developer, cast at a
special meeting | 14 |
| of members called for that purpose during a period of 90
| 15 |
| days prior to the expiration of the 2 year period if the | 16 |
| board of managers
is elected by the unit owners, otherwise | 17 |
| by more than 1/2 of the underlying
condominium board of | 18 |
| managers. At least 60 days prior to the expiration of
the 2 | 19 |
| year period, the board of directors, or, if the board is | 20 |
| still under
developer control, then the board of managers | 21 |
| or the developer shall send
notice to every unit owner or | 22 |
| underlying condominium board of managers,
notifying them | 23 |
| of this provision, of what contracts, leases and other
| 24 |
| agreements are affected, and of the procedure for calling a | 25 |
| meeting of the
unit owners or for action by the underlying | 26 |
| condominium board of managers
for the purpose of acting to |
|
|
|
SB3180 Engrossed |
- 46 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| terminate such contracts, leases or other
agreements. | 2 |
| During the 90 day period the other party to the contract,
| 3 |
| lease, or other agreement shall also have the right of | 4 |
| cancellation.
| 5 |
| (6) The statute of limitations for any actions in law | 6 |
| or equity which
the master association may bring shall not | 7 |
| begin to run until the unit
owners or underlying | 8 |
| condominium board of managers have elected a majority
of | 9 |
| the members of the board of directors.
| 10 |
| (g) In the event of any resale of a unit in a master | 11 |
| association by a unit
owner other than the developer, the owner | 12 |
| shall obtain from
the board of directors and shall make | 13 |
| available for inspection to the
prospective purchaser, upon | 14 |
| demand, the following:
| 15 |
| (1) A copy of the declaration, other instruments and | 16 |
| any rules and
regulations.
| 17 |
| (2) A statement of any liens, including a statement of | 18 |
| the account of
the unit setting forth the amounts of unpaid | 19 |
| assessments and other charges
due and owing.
| 20 |
| (3) A statement of any capital expenditures | 21 |
| anticipated by the
association within the current or | 22 |
| succeeding 2 fiscal years.
| 23 |
| (4) A statement of the status and amount of any reserve | 24 |
| for
replacement fund and any portion of such fund earmarked | 25 |
| for any specified
project by the board of directors.
| 26 |
| (5) A copy of the statement of financial condition of |
|
|
|
SB3180 Engrossed |
- 47 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| the association
for the last fiscal year for which such a | 2 |
| statement is available.
| 3 |
| (6) A statement of the status of any pending suits or | 4 |
| judgments in which
the association is a party.
| 5 |
| (7) A statement setting forth what insurance coverage | 6 |
| is provided for
all unit owners by the association.
| 7 |
| (8) A statement that any improvements or alterations | 8 |
| made to the unit,
or any part of the common areas assigned | 9 |
| thereto, by the prior unit owner
are in good faith believed | 10 |
| to be in compliance with the declaration of the
master | 11 |
| association.
| 12 |
| The principal officer of the unit owner's association or | 13 |
| such
other officer as is specifically designated shall furnish | 14 |
| the above
information when requested to do so in writing, | 15 |
| within
30 days of receiving the request.
| 16 |
| A reasonable fee covering the direct out-of-pocket cost of | 17 |
| copying
and providing such information may be charged
by the | 18 |
| association or its board of directors to the unit
seller for | 19 |
| providing the information.
| 20 |
| (h) Errors and omissions.
| 21 |
| (1) If there is an omission or error in the declaration | 22 |
| or other
instrument of the master association, the master | 23 |
| association may correct
the error or omission by an | 24 |
| amendment to the declaration or other
instrument, as may be | 25 |
| required to conform it to this Act, to any other
applicable | 26 |
| statute, or to the declaration. The amendment shall be |
|
|
|
SB3180 Engrossed |
- 48 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| adopted
by vote of two-thirds of the members of the board | 2 |
| of directors or by a
majority vote of the unit owners at a | 3 |
| meeting called for that purpose,
unless the Act or the | 4 |
| declaration of the master association specifically
| 5 |
| provides for greater percentages or different procedures.
| 6 |
| (2) If, through a scrivener's error, a unit has not | 7 |
| been
designated as owning an appropriate undivided share of | 8 |
| the common areas
or does not bear an appropriate share of | 9 |
| the common expenses, or if
all of the common expenses or | 10 |
| all of the common elements in
the condominium have not been | 11 |
| distributed in the declaration, so that the
sum total of | 12 |
| the shares of common areas which have been distributed or | 13 |
| the
sum total of the shares of the common expenses fail to | 14 |
| equal 100%, or if it
appears that more than 100% of the | 15 |
| common elements or common expenses have
been distributed, | 16 |
| the error may be corrected by operation of law by filing
an | 17 |
| amendment to the declaration, approved by vote of | 18 |
| two-thirds of the
members of the board of directors or a | 19 |
| majority vote of the unit owners at
a meeting called for | 20 |
| that purpose, which proportionately
adjusts all percentage | 21 |
| interests so that the total is equal to 100%,
unless the | 22 |
| declaration specifically provides for a different | 23 |
| procedure or
different percentage vote by the owners of the | 24 |
| units and the owners of
mortgages thereon affected by | 25 |
| modification being made in the undivided
interest in the | 26 |
| common areas, the number of votes in the unit owners
|
|
|
|
SB3180 Engrossed |
- 49 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| association or the liability for common expenses | 2 |
| appertaining to the unit.
| 3 |
| (3) If an omission or error or a scrivener's error in | 4 |
| the
declaration or other instrument is corrected by vote of | 5 |
| two-thirds of
the members of the board of directors | 6 |
| pursuant to the authority established
in subdivisions | 7 |
| (h)(1) or (h)(2) of this Section, the board, upon
written | 8 |
| petition by unit owners with 20% of the votes of the | 9 |
| association or
resolutions adopted by the board of managers | 10 |
| or board of directors of the
condominium and common | 11 |
| interest community associations which select 20% of
the | 12 |
| members of the board of directors of the master | 13 |
| association, whichever
is applicable, received within 30 | 14 |
| days of the board action, shall call a
meeting of the unit | 15 |
| owners or the boards of the condominium and common
interest | 16 |
| community associations which select members of the board of
| 17 |
| directors of the master association within 30 days of the | 18 |
| filing of the
petition or receipt of the condominium and | 19 |
| common interest community
association resolution to | 20 |
| consider the board action. Unless a majority of
the votes | 21 |
| of the unit owners of the association are cast at the | 22 |
| meeting to
reject the action, or board of managers or board | 23 |
| of directors of
condominium and common interest community | 24 |
| associations which select over
50% of the members of the | 25 |
| board of the master association adopt resolutions
prior to | 26 |
| the meeting rejecting the action of the board of directors |
|
|
|
SB3180 Engrossed |
- 50 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| of the
master association, it is ratified whether or not a | 2 |
| quorum is present.
| 3 |
| (4) The procedures for amendments set forth in this | 4 |
| subsection (h)
cannot be used if such an amendment would | 5 |
| materially or adversely affect
property rights of the unit | 6 |
| owners unless the affected unit owners consent
in writing. | 7 |
| This Section does not restrict the powers of the | 8 |
| association
to otherwise amend the declaration, bylaws, or | 9 |
| other condominium
instruments, but authorizes a simple | 10 |
| process of amendment requiring a
lesser vote for the | 11 |
| purpose of correcting defects, errors, or omissions
when | 12 |
| the property rights of the unit owners are not materially | 13 |
| or adversely
affected.
| 14 |
| (5) If there is an omission or error in the declaration | 15 |
| or other
instruments that may not be corrected by an | 16 |
| amendment procedure
set forth in subdivision (h)(1) or | 17 |
| (h)(2) of this Section, then
the circuit court in the | 18 |
| county in which the master
association is located shall | 19 |
| have jurisdiction to hear a petition of one or
more of the | 20 |
| unit owners thereon or of the association, to correct the | 21 |
| error
or omission, and the action may be a class action. | 22 |
| The court may require
that one or more methods of | 23 |
| correcting the error or omission be submitted
to the unit | 24 |
| owners to determine the most acceptable correction. All | 25 |
| unit
owners in the association must be joined as parties to | 26 |
| the action. Service
of process on owners may be by |
|
|
|
SB3180 Engrossed |
- 51 - |
LRB096 20251 AJO 35836 b |
|
| 1 |
| publication, but the plaintiff shall furnish
all unit | 2 |
| owners not personally served with process with copies of | 3 |
| the
petition and final judgment of the court by certified | 4 |
| mail, return receipt
requested, at their last known | 5 |
| address.
| 6 |
| (6) Nothing contained in this Section shall be | 7 |
| construed to invalidate
any provision of a declaration | 8 |
| authorizing the developer to amend
an instrument prior to | 9 |
| the latest date on which the initial
membership meeting of | 10 |
| the unit owners must be held, whether or not it has
| 11 |
| actually been held, to bring the instrument into compliance | 12 |
| with the legal
requirements of the Federal National | 13 |
| Mortgage Association, the Federal Home
Loan Mortgage | 14 |
| Corporation, the Federal Housing Administration, the | 15 |
| United
States Veterans Administration or their respective | 16 |
| successors and assigns.
| 17 |
| (i) The provisions of subsections (c) through (h) are | 18 |
| applicable
to all declarations, other condominium instruments, | 19 |
| and other
duly recorded covenants establishing the powers and | 20 |
| duties of the master
association recorded under this Act. Any | 21 |
| portion of a declaration,
other condominium instrument, or | 22 |
| other duly recorded covenant establishing
the powers and duties | 23 |
| of a master association which contains provisions
contrary to | 24 |
| the provisions of subsection (c) through (h) shall be void as
| 25 |
| against public policy and ineffective. Any declaration, other | 26 |
| condominium
instrument, or other duly recorded covenant |
|
|
|
SB3180 Engrossed |
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LRB096 20251 AJO 35836 b |
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| establishing the powers and
duties of the master association | 2 |
| which fails to contain the provisions
required by subsections | 3 |
| (c) through (h) shall be deemed to incorporate such
provisions | 4 |
| by operation of law.
| 5 |
| (j) The provisions of subsections (c) through (h) are | 6 |
| applicable to
all common interest community associations and | 7 |
| their unit owners for common
interest community associations | 8 |
| which are subject to the provisions of Section
9-102(a)(8) of | 9 |
| the Code of Civil Procedure. For purposes of this
subsection, | 10 |
| the terms "common interest community" and "unit owners"
shall | 11 |
| have the same meaning as set forth in Section 9-102(c) of the | 12 |
| Code of
Civil Procedure.
| 13 |
| (k) The provisions of this Section do not apply to a common | 14 |
| interest community association that is governed by the Common | 15 |
| Interest Community Association Act. | 16 |
| (Source: P.A. 94-384, eff. 1-1-06.)
| 17 |
| Section 5-95. The Illinois Human Rights Act is amended by | 18 |
| changing Section 6-102 as follows: | 19 |
| (775 ILCS 5/6-102) | 20 |
| Sec. 6-102. Violations of other Acts. A person who violates | 21 |
| the Military Leave of Absence Act, the Public Employee Armed | 22 |
| Services Rights Act, Section 11-117-12.2 of the Illinois | 23 |
| Municipal Code, Section 224.05 of the Illinois Insurance Code, | 24 |
| Section 8-201.5 of the Public Utilities Act, Section 9-107.10 |
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SB3180 Engrossed |
- 53 - |
LRB096 20251 AJO 35836 b |
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| of the Code of Civil Procedure, Section 4.05 of the Interest | 2 |
| Act, the Military Personnel Cellular Phone Contract | 3 |
| Termination Act, the Service Member Residential Property Act, | 4 |
| or Section 37 of the Motor Vehicle Leasing Act commits a civil | 5 |
| rights violation within the meaning of this Act.
| 6 |
| (Source: P.A. 95-392, eff. 8-23-07.) |
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