Illinois General Assembly - Full Text of HB0058
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Full Text of HB0058  102nd General Assembly

HB0058 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0058

 

Introduced 1/14/2021, by Rep. Daniel Didech

 

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

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


LRB102 02671 AWJ 12674 b

 

 

A BILL FOR

 

HB0058LRB102 02671 AWJ 12674 b

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

 

 

HB0058- 2 -LRB102 02671 AWJ 12674 b

1        (1) holds an ownership interest in property that is
2    subject to the unlawful restrictive covenant; or
3        (2) is a common interest community association, a
4    condominium association, a unit owners' association, or a
5    master association of a parcel of property subject to the
6    association's declaration and the parcel is subject to an
7    unlawful restrictive covenant.
8    (c) A restrictive covenant modification shall include:
9        (1) a complete copy of the original instrument
10    containing the unlawful restrictive covenant with the
11    language of the unlawful restrictive covenant stricken;
12    and
13        (2) a petition to modify an unlawful restrictive
14    covenant, as provided in subsection (d).
15    (d) A petition to modify an unlawful restrictive covenant
16shall:
17        (1) be signed by the record owner of the property or,
18    in the case of an entity under paragraph (2) of subsection
19    (b), be accompanied by a certification that a majority of
20    the governing body of the entity has agreed to the
21    restrictive covenant modification;
22        (2) reference the property index number or unique
23    parcel identification code of the property for which the
24    original instrument containing the unlawful restrictive
25    covenant is recorded; and
26        (3) include any other information that the recorder or

 

 

HB0058- 3 -LRB102 02671 AWJ 12674 b

1    State's Attorney considers necessary in carrying out the
2    requirements of this Section.
3    (e) On receipt of a restrictive covenant modification, the
4recorder shall submit the restrictive covenant modification
5together with a copy of the original instrument referenced in
6the restrictive covenant modification to the State's Attorney.
7    (f) Within 30 days of receipt from the recorder, the
8State's Attorney shall:
9        (1) review the restrictive covenant modification and
10    the copy of the original instrument to determine: (i)
11    whether the original instrument contains an unlawful
12    restrictive covenant; and (ii) whether the restrictive
13    covenant modification correctly strikes through only the
14    language of the unlawful restrictive covenant; and
15        (2) return the restrictive covenant modification and
16    copy of the original instrument to the recorder together
17    with the State's Attorney's written determination.
18    (g) The recorder may not record a restrictive covenant
19modification filed under subsection (b) unless the State's
20Attorney determines that the modification is appropriate in
21accordance with subsection (f). If the State's Attorney's
22written determination finds that the instrument contains an
23unlawful restrictive covenant, the recorder shall record the
24restrictive covenant modification with the language stricken
25as directed by the State's Attorney.
26    (h) A recorded restrictive covenant modification shall be

 

 

HB0058- 4 -LRB102 02671 AWJ 12674 b

1indexed in the same manner as the original instrument.
2    (i) Subject to all lawful covenants, conditions, and
3restrictions that were recorded after the recording of the
4original instrument, the restrictions contained in a duly
5recorded restrictive covenant modification are the only
6restrictions based on the original instrument that apply to
7the property.
8    (j) The effective date of the terms and conditions
9contained in a duly recorded restrictive covenant modification
10shall be the same as the effective date of the original
11instrument.
12    (k) If a person or entity causes to be filed or recorded a
13restrictive covenant modification that contains modifications
14not authorized under this Section:
15        (1) the recorder may not incur any liability for
16    recording the restrictive covenant modification;
17        (2) the county may not incur any liability as a result
18    of a determination rendered by the State's Attorney under
19    subsection (f); and
20        (3) any costs, fees, or liability that results from
21    the unauthorized filing or recording shall be the sole
22    responsibility of the person or entity that executed the
23    restrictive covenant modification.