Illinois General Assembly - Full Text of SB2359
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Full Text of SB2359  99th General Assembly


Sen. John G. Mulroe

Filed: 3/3/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2359 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Condominium Property Act is amended by
5changing Section 18.4 as follows:
6    (765 ILCS 605/18.4)  (from Ch. 30, par. 318.4)
7    Sec. 18.4. Powers and duties of board of managers. The
8board of managers shall exercise for the association all
9powers, duties and authority vested in the association by law
10or the condominium instruments except for such powers, duties
11and authority reserved by law to the members of the
12association. The powers and duties of the board of managers
13shall include, but shall not be limited to, the following:
14        (a) To provide for the operation, care, upkeep,
15    maintenance, replacement and improvement of the common
16    elements. Nothing in this subsection (a) shall be deemed to



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1    invalidate any provision in a condominium instrument
2    placing limits on expenditures for the common elements,
3    provided, that such limits shall not be applicable to
4    expenditures for repair, replacement, or restoration of
5    existing portions of the common elements. The term "repair,
6    replacement or restoration" means expenditures to
7    deteriorated or damaged portions of the property related to
8    the existing decorating, facilities, or structural or
9    mechanical components, interior or exterior surfaces, or
10    energy systems and equipment with the functional
11    equivalent of the original portions of such areas.
12    Replacement of the common elements may result in an
13    improvement over the original quality of such elements or
14    facilities; provided that, unless the improvement is
15    mandated by law or is an emergency as defined in item (iv)
16    of subparagraph (8) of paragraph (a) of Section 18, if the
17    improvement results in a proposed expenditure exceeding 5%
18    of the annual budget, the board of managers, upon written
19    petition by unit owners with 20% of the votes of the
20    association delivered to the board within 14 days of the
21    board action to approve the expenditure, shall call a
22    meeting of the unit owners within 30 days of the date of
23    delivery of the petition to consider the expenditure.
24    Unless a majority of the total votes of the unit owners are
25    cast at the meeting to reject the expenditure, it is
26    ratified.



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1        (b) To prepare, adopt and distribute the annual budget
2    for the property.
3        (c) To levy and expend assessments.
4        (d) To collect assessments from unit owners.
5        (e) To provide for the employment and dismissal of the
6    personnel necessary or advisable for the maintenance and
7    operation of the common elements.
8        (f) To obtain adequate and appropriate kinds of
9    insurance.
10        (g) To own, convey, encumber, lease, and otherwise deal
11    with units conveyed to or purchased by it.
12        (h) To adopt and amend rules and regulations covering
13    the details of the operation and use of the property, after
14    a meeting of the unit owners called for the specific
15    purpose of discussing the proposed rules and regulations.
16    Notice of the meeting shall contain the full text of the
17    proposed rules and regulations, and the meeting shall
18    conform to the requirements of Section 18(b) of this Act,
19    except that no quorum is required at the meeting of the
20    unit owners unless the declaration, bylaws or other
21    condominium instrument expressly provides to the contrary.
22    However, no rule or regulation may impair any rights
23    guaranteed by the First Amendment to the Constitution of
24    the United States or Section 4 of Article I of the Illinois
25    Constitution including, but not limited to, the free
26    exercise of religion, nor may any rules or regulations



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1    conflict with the provisions of this Act or the condominium
2    instruments. No rule or regulation shall prohibit any
3    reasonable accommodation for religious practices,
4    including the attachment of religiously mandated objects
5    to the front-door area of a condominium unit.
6        (i) To keep detailed, accurate records of the receipts
7    and expenditures affecting the use and operation of the
8    property.
9        (j) To have access to each unit from time to time as
10    may be necessary for the maintenance, repair or replacement
11    of any common elements or for making emergency repairs
12    necessary to prevent damage to the common elements or to
13    other units.
14        (k) To pay real property taxes, special assessments,
15    and any other special taxes or charges of the State of
16    Illinois or of any political subdivision thereof, or other
17    lawful taxing or assessing body, which are authorized by
18    law to be assessed and levied upon the real property of the
19    condominium.
20        (l) To impose charges for late payment of a unit
21    owner's proportionate share of the common expenses, or any
22    other expenses lawfully agreed upon, and after notice and
23    an opportunity to be heard, to levy reasonable fines for
24    violation of the declaration, by-laws, and rules and
25    regulations of the association.
26        (m) By Unless the condominium instruments expressly



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1    provide to the contrary, by a majority vote of the entire
2    board of managers, to assign the right of the association
3    to future income from common expenses or other sources, and
4    to mortgage or pledge substantially all of the remaining
5    assets of the association.
6        (n) To record the dedication of a portion of the common
7    elements to a public body for use as, or in connection
8    with, a street or utility where authorized by the unit
9    owners under the provisions of Section 14.2.
10        (o) To record the granting of an easement for the
11    laying of cable television or high speed Internet cable
12    where authorized by the unit owners under the provisions of
13    Section 14.3; to obtain, if available and determined by the
14    board to be in the best interests of the association, cable
15    television or bulk high speed Internet service for all of
16    the units of the condominium on a bulk identical service
17    and equal cost per unit basis; and to assess and recover
18    the expense as a common expense and, if so determined by
19    the board, to assess each and every unit on the same equal
20    cost per unit basis.
21        (p) To seek relief on behalf of all unit owners when
22    authorized pursuant to subsection (c) of Section 10 from or
23    in connection with the assessment or levying of real
24    property taxes, special assessments, and any other special
25    taxes or charges of the State of Illinois or of any
26    political subdivision thereof or of any lawful taxing or



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1    assessing body.
2        (q) To reasonably accommodate the needs of a unit owner
3    who is a person with a disability as required by the
4    federal Civil Rights Act of 1968, the Human Rights Act and
5    any applicable local ordinances in the exercise of its
6    powers with respect to the use of common elements or
7    approval of modifications in an individual unit.
8        (r) To accept service of a notice of claim for purposes
9    of the Mechanics Lien Act on behalf of each respective
10    member of the Unit Owners' Association with respect to
11    improvements performed pursuant to any contract entered
12    into by the Board of Managers or any contract entered into
13    prior to the recording of the condominium declaration
14    pursuant to this Act, for a property containing more than 8
15    units, and to distribute the notice to the unit owners
16    within 7 days of the acceptance of the service by the Board
17    of Managers. The service shall be effective as if each
18    individual unit owner had been served individually with
19    notice.
20        (s) To adopt and amend rules and regulations (l)
21    authorizing electronic delivery of notices and other
22    communications required or contemplated by this Act to each
23    unit owner who provides the association with written
24    authorization for electronic delivery and an electronic
25    address to which such communications are to be
26    electronically transmitted; and (2) authorizing each unit



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1    owner to designate an electronic address or a U.S. Postal
2    Service address, or both, as the unit owner's address on
3    any list of members or unit owners which an association is
4    required to provide upon request pursuant to any provision
5    of this Act or any condominium instrument.
6    In the performance of their duties, the officers and
7members of the board, whether appointed by the developer or
8elected by the unit owners, shall exercise the care required of
9a fiduciary of the unit owners.
10    The collection of assessments from unit owners by an
11association, board of managers or their duly authorized agents
12shall not be considered acts constituting a collection agency
13for purposes of the Collection Agency Act.
14    The provisions of this Section are applicable to all
15condominium instruments recorded under this Act. Any portion of
16a condominium instrument which contains provisions contrary to
17these provisions shall be void as against public policy and
18ineffective. Any such instrument that fails to contain the
19provisions required by this Section shall be deemed to
20incorporate such provisions by operation of law.
21(Source: P.A. 98-735, eff. 1-1-15; 99-143, eff. 7-27-15.)".