Full Text of SB3435 101st General Assembly
SB3435 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3435 Introduced 2/14/2020, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
| 765 ILCS 605/18 | from Ch. 30, par. 318 |
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Amends the Condominium Property Act. Provides that the bylaws shall provide that unit owners selected to the board of managers shall reside on the property.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Section 18 as follows:
| 6 | | (765 ILCS 605/18) (from Ch. 30, par. 318)
| 7 | | Sec. 18. Contents of bylaws. The bylaws shall provide for | 8 | | at least
the following:
| 9 | | (a)(1) The election from among the unit owners of a | 10 | | board of managers, a requirement that unit owners selected | 11 | | to the board of managers shall reside on the property,
the | 12 | | number of persons constituting such board, and that the | 13 | | terms of at
least one-third of the members of the board | 14 | | shall expire annually and that
all members of the board | 15 | | shall be elected at large; if there are multiple owners of | 16 | | a single unit, only one of the multiple
owners shall be | 17 | | eligible to serve as a member of the board at any one time;
| 18 | | (2) the powers and duties of the board;
| 19 | | (3) the compensation, if any, of the members of the | 20 | | board;
| 21 | | (4) the method of removal from office of members of the | 22 | | board;
| 23 | | (5) that the board may engage the services of a manager |
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| 1 | | or managing agent;
| 2 | | (6) that each unit owner shall receive, at least 25 | 3 | | days prior to the
adoption thereof by the board of | 4 | | managers, a copy of the proposed annual
budget together | 5 | | with an indication of which portions are intended for
| 6 | | reserves, capital expenditures or repairs or payment of | 7 | | real estate taxes;
| 8 | | (7) that the board of managers shall annually supply to
| 9 | | all unit owners an itemized accounting of the common | 10 | | expenses
for the preceding year actually incurred or paid, | 11 | | together
with an indication of which portions were for | 12 | | reserves, capital
expenditures or repairs or payment of | 13 | | real estate taxes and
with a tabulation of the amounts | 14 | | collected pursuant to the
budget or assessment, and showing | 15 | | the net excess or
deficit of income over expenditures plus | 16 | | reserves;
| 17 | | (8)(i) that each unit owner shall receive notice, in | 18 | | the same manner
as is provided in this Act for membership | 19 | | meetings, of any meeting of the
board of managers | 20 | | concerning the adoption of the proposed annual budget and
| 21 | | regular assessments pursuant thereto or to adopt a separate | 22 | | (special)
assessment, (ii) that except as provided in | 23 | | subsection (iv) below, if an
adopted
budget or any separate | 24 | | assessment adopted by the board would result in the
sum of | 25 | | all regular and separate assessments payable in the current | 26 | | fiscal year
exceeding 115% of the sum of all regular and |
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| 1 | | separate
assessments payable during the
preceding fiscal | 2 | | year, the
board of managers, upon written petition by unit | 3 | | owners with 20 percent of
the votes of the association | 4 | | delivered to the board within 21
days of the board action,
| 5 | | shall call a meeting of the unit owners within 30 days of | 6 | | the date of
delivery of the petition to consider the budget | 7 | | or separate
assessment; unless a
majority of
the total | 8 | | votes of the unit owners are cast at the meeting to reject | 9 | | the
budget or separate assessment,
it is ratified, (iii) | 10 | | that any common expense not set forth in the budget or
any | 11 | | increase in assessments over the amount adopted in the | 12 | | budget shall be
separately assessed against all unit | 13 | | owners, (iv) that separate assessments for
expenditures | 14 | | relating to emergencies or mandated by law may be adopted | 15 | | by the
board of managers without being subject to unit | 16 | | owner approval or the
provisions of item (ii) above or item | 17 | | (v) below. As used
herein, "emergency" means an immediate | 18 | | danger to the structural integrity of
the
common elements | 19 | | or to the life, health, safety or property of the unit | 20 | | owners,
(v) that assessments
for additions and alterations | 21 | | to the common elements or to association-owned
property not | 22 | | included in the adopted annual budget, shall be separately
| 23 | | assessed and are subject to approval of two-thirds of the | 24 | | total votes of all
unit owners, (vi) that the board of | 25 | | managers may adopt separate assessments
payable over more | 26 | | than one fiscal year. With respect to multi-year |
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| 1 | | assessments
not governed by items (iv) and (v), the entire | 2 | | amount of the multi-year
assessment shall be deemed | 3 | | considered and authorized in the first fiscal year
in which | 4 | | the assessment is approved;
| 5 | | (9)(A) that every meeting of the board of managers | 6 | | shall be open to any unit
owner, except that the board may | 7 | | close any portion of a noticed meeting or meet separately | 8 | | from a noticed meeting to: (i) discuss litigation
when an | 9 | | action against or on behalf of the particular association | 10 | | has been
filed and is pending in a court or administrative | 11 | | tribunal,
or when the board of managers finds that such an | 12 | | action is probable
or imminent, (ii) discuss the | 13 | | appointment, employment, engagement,
or dismissal of an | 14 | | employee, independent contractor, agent, or other provider | 15 | | of goods and services, (iii) interview a potential | 16 | | employee, independent contractor, agent, or other provider | 17 | | of goods and services, (iv) discuss violations of rules and
| 18 | | regulations of the association, (v) discuss a unit owner's | 19 | | unpaid share of common
expenses, or (vi) consult with the | 20 | | association's legal counsel; that any vote on these matters | 21 | | shall take place at a meeting of the board of managers or
| 22 | | portion thereof open to any unit owner; | 23 | | (B) that board members may participate in and act at | 24 | | any meeting of the board of managers in person, by | 25 | | telephonic means, or by use of any acceptable technological | 26 | | means whereby all persons participating in the meeting can |
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| 1 | | communicate with each other; that participation | 2 | | constitutes attendance and presence in person at the | 3 | | meeting; | 4 | | (C) that any unit owner may record the
proceedings at | 5 | | meetings of the board of managers or portions thereof | 6 | | required to be open by this
Act by tape, film or other | 7 | | means, and that the board may prescribe reasonable
rules | 8 | | and regulations to govern the right to make such | 9 | | recordings; | 10 | | (D) that
notice of every meeting of the board of | 11 | | managers shall be given to every board member at least 48 | 12 | | hours
prior thereto, unless the board member waives notice | 13 | | of the meeting pursuant to subsection (a) of Section 18.8; | 14 | | and | 15 | | (E) that notice of every meeting
of the board of | 16 | | managers shall be posted in entranceways,
elevators, or | 17 | | other conspicuous places in the condominium at least 48 | 18 | | hours
prior to the meeting of the board of managers except | 19 | | where there is no
common entranceway for 7 or more units, | 20 | | the board of managers may designate
one or more locations | 21 | | in the proximity of these units where the notices of
| 22 | | meetings shall be posted; that notice of every meeting of | 23 | | the board of managers shall also be given at least 48 hours | 24 | | prior to the meeting, or such longer notice as this Act may | 25 | | separately require, to: (i) each unit owner who has | 26 | | provided the association with written authorization to |
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| 1 | | conduct business by acceptable technological means, and | 2 | | (ii) to the extent that the condominium instruments of an | 3 | | association require, to each other unit owner, as required | 4 | | by subsection (f) of Section 18.8, by mail or delivery, and | 5 | | that no other notice of a meeting of the board of managers | 6 | | need be given to any unit owner;
| 7 | | (10) that the board shall meet at least 4 times | 8 | | annually;
| 9 | | (11) that no member of the board or officer shall be | 10 | | elected for a term
of more than 2 years, but that officers | 11 | | and board members may succeed
themselves;
| 12 | | (12) the designation of an officer to mail and receive | 13 | | all notices and
execute amendments to condominium | 14 | | instruments as provided for in this Act
and in the | 15 | | condominium instruments;
| 16 | | (13) the method of filling vacancies on the board
which | 17 | | shall include authority for the remaining members of the | 18 | | board to
fill the vacancy by two-thirds vote until the next | 19 | | annual meeting of unit
owners or for a period terminating | 20 | | no later than 30 days following the
filing of a petition | 21 | | signed by unit owners holding 20% of the votes of the
| 22 | | association requesting a meeting of the unit owners to fill | 23 | | the vacancy for
the balance of the term, and that a meeting | 24 | | of the unit owners shall be
called for purposes of filling | 25 | | a vacancy on the board no later than 30 days
following the | 26 | | filing of a petition signed by unit owners holding 20% of |
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| 1 | | the
votes of the association requesting such a meeting, and | 2 | | the method of filling
vacancies among the officers that | 3 | | shall include the authority for the members
of the board to | 4 | | fill the vacancy for the unexpired portion of the term;
| 5 | | (14) what percentage of the board of managers, if other | 6 | | than a majority,
shall constitute a quorum;
| 7 | | (15) provisions concerning notice of board meetings to | 8 | | members of the
board;
| 9 | | (16) the board of managers may not enter into a | 10 | | contract with a
current board member
or with a corporation | 11 | | or partnership in which a board
member or a member of the | 12 | | board member's immediate family has 25% or
more interest, | 13 | | unless notice of intent to enter the
contract is given to | 14 | | unit owners within 20 days after a decision is made
to | 15 | | enter into the contract and the unit owners are
afforded an | 16 | | opportunity by filing a petition, signed by 20% of the unit
| 17 | | owners, for an election to approve or disapprove the | 18 | | contract;
such petition shall be filed within 30 days after | 19 | | such notice and such
election shall be held within 30 days | 20 | | after filing the petition; for purposes
of this subsection, | 21 | | a board member's immediate family means the board member's
| 22 | | spouse, parents, and children;
| 23 | | (17) that the board of managers may disseminate
to unit | 24 | | owners biographical and background information about | 25 | | candidates for
election to the board if (i) reasonable | 26 | | efforts to identify all candidates are
made and all |
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| 1 | | candidates are given an opportunity to include | 2 | | biographical and
background information in the information | 3 | | to be disseminated; and (ii) the
board does not express a | 4 | | preference in favor of any candidate;
| 5 | | (18) any proxy distributed for board elections
by the | 6 | | board of managers gives unit owners the
opportunity to | 7 | | designate any person as the proxy holder, and gives the | 8 | | unit
owner the opportunity to express a preference for any | 9 | | of the known
candidates for the board or to write in a | 10 | | name;
| 11 | | (19) that special meetings of the board of managers can | 12 | | be called by
the president or 25% of the members of the | 13 | | board;
| 14 | | (20) that the board of managers may establish
and | 15 | | maintain a system of master metering of public utility | 16 | | services and
collect payments in connection therewith, | 17 | | subject to the requirements of the
Tenant Utility Payment | 18 | | Disclosure Act; and
| 19 | | (21) that the board may ratify and confirm actions of | 20 | | the
members of the board taken in response to an emergency, | 21 | | as that
term is defined in subdivision (a)(8)(iv) of this | 22 | | Section; that
the board shall give notice to the unit | 23 | | owners of: (i) the
occurrence of the emergency event within | 24 | | 7 business days after
the emergency event, and (ii) the | 25 | | general description of the
actions taken to address the | 26 | | event within 7 days after the
emergency event. |
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| 1 | | The intent of the provisions of Public Act 99-472 | 2 | | adding this paragraph (21) is to empower and support boards | 3 | | to act in
emergencies. | 4 | | (b)(1) What percentage of the unit owners, if other | 5 | | than 20%, shall
constitute a quorum provided that, for | 6 | | condominiums with 20 or more units,
the percentage of unit | 7 | | owners constituting a quorum shall be 20% unless the
unit | 8 | | owners holding a majority of the percentage interest in the
| 9 | | association provide for a higher percentage, provided that | 10 | | in voting on amendments to the association's bylaws, a unit | 11 | | owner who is in arrears on the unit owner's regular or | 12 | | separate assessments for 60 days or more, shall not be | 13 | | counted for purposes of determining if a quorum is present, | 14 | | but that unit owner retains the right to vote on amendments | 15 | | to the association's bylaws;
| 16 | | (2) that the association shall have one class of | 17 | | membership;
| 18 | | (3) that the members shall hold an annual meeting, one | 19 | | of the purposes
of which shall be to elect members of the | 20 | | board of managers;
| 21 | | (4) the method of calling meetings of the unit owners;
| 22 | | (5) that special meetings of the members can be called | 23 | | by the president,
board of managers, or by 20% of unit | 24 | | owners;
| 25 | | (6) that written notice of any membership meeting shall | 26 | | be mailed
or delivered giving members no less than 10 and |
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| 1 | | no more than 30 days
notice of the time, place and purpose | 2 | | of such meeting except that notice may be sent, to the | 3 | | extent the condominium instruments or rules adopted | 4 | | thereunder expressly so provide, by electronic | 5 | | transmission consented to by the unit owner to whom the | 6 | | notice is given, provided the director and officer or his | 7 | | agent certifies in writing to the delivery by electronic | 8 | | transmission;
| 9 | | (7) that voting shall be on a percentage basis, and | 10 | | that the percentage
vote to which each unit is entitled is | 11 | | the percentage interest of the
undivided ownership of the | 12 | | common elements appurtenant thereto, provided
that the | 13 | | bylaws may provide for approval by unit owners in | 14 | | connection with
matters where the requisite approval on a | 15 | | percentage basis is not specified
in this Act, on the basis | 16 | | of one vote per unit;
| 17 | | (8) that, where there is more than one owner of a unit, | 18 | | if only one
of the multiple owners is present at a meeting | 19 | | of the association, he is
entitled to cast all the votes | 20 | | allocated to that unit, if more than one of
the multiple | 21 | | owners are present, the votes allocated to that unit may be
| 22 | | cast only in accordance with the agreement of a majority in | 23 | | interest of the
multiple owners, unless the declaration | 24 | | expressly provides otherwise, that
there is majority | 25 | | agreement if any one of the multiple owners cast the
votes | 26 | | allocated to that unit without protest being made promptly |
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| 1 | | to the
person presiding over the meeting by any of the | 2 | | other owners of the unit;
| 3 | | (9)(A) except as provided in subparagraph (B) of this | 4 | | paragraph (9) in
connection with board elections, that
a | 5 | | unit owner may vote by proxy executed in writing by the | 6 | | unit
owner or by his duly authorized attorney in fact; that | 7 | | the proxy must bear the date of
execution
and, unless the | 8 | | condominium instruments or the written proxy itself | 9 | | provide
otherwise, is
invalid after 11 months from the date | 10 | | of its execution; to the extent the condominium instruments | 11 | | or rules adopted thereunder expressly so provide, a vote or | 12 | | proxy may be submitted by electronic transmission, | 13 | | provided that any such electronic transmission shall | 14 | | either set forth or be submitted with information from | 15 | | which it can be determined that the electronic transmission | 16 | | was authorized by the unit owner or the unit owner's proxy;
| 17 | | (B) that if a rule adopted at least 120 days before a | 18 | | board election
or the
declaration or bylaws provide for | 19 | | balloting as set forth in this subsection,
unit
owners may | 20 | | not vote by proxy in board elections, but may vote only (i) | 21 | | by
submitting an association-issued ballot in person at the | 22 | | election meeting or
(ii) by
submitting an | 23 | | association-issued ballot to the association or its | 24 | | designated
agent
by mail or other means of delivery | 25 | | specified in the declaration, bylaws, or
rule; that
the | 26 | | ballots shall be mailed or otherwise distributed to unit |
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| 1 | | owners not less
than 10
and not more than 30 days before | 2 | | the election meeting, and the board shall give
unit owners | 3 | | not less than 21 days' prior written notice of the deadline | 4 | | for
inclusion of a candidate's name on the ballots; that | 5 | | the deadline shall be no
more
than 7 days before the | 6 | | ballots are mailed or otherwise distributed to unit
owners; | 7 | | that
every such ballot must include the names of all | 8 | | candidates who have given the
board or its authorized agent | 9 | | timely written notice of their candidacy and must
give the | 10 | | person casting the ballot the opportunity to cast votes for | 11 | | candidates
whose names do not appear on the ballot; that a | 12 | | ballot received by the
association
or
its designated agent | 13 | | after the close of voting shall not be counted; that a
unit
| 14 | | owner
who submits a ballot by mail or other means of | 15 | | delivery specified in the
declaration, bylaws, or rule may | 16 | | request and cast a ballot in person at the
election
| 17 | | meeting, and thereby void any ballot previously submitted | 18 | | by that unit owner; | 19 | | (B-5) that if a rule adopted at least 120 days before a | 20 | | board election or the declaration or bylaws provide for | 21 | | balloting as set forth in this subparagraph, unit owners | 22 | | may not vote by proxy in board elections, but may vote only | 23 | | (i) by submitting an association-issued ballot in person at | 24 | | the election meeting; or (ii) by any acceptable | 25 | | technological means as defined in Section 2 of this Act; | 26 | | instructions regarding the use of electronic means for |
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| 1 | | voting shall be distributed to all unit owners not less | 2 | | than 10 and not more than 30 days before the election | 3 | | meeting, and the board shall give unit owners not less than | 4 | | 21 days' prior written notice of the deadline for inclusion | 5 | | of a candidate's name on the ballots; the deadline shall be | 6 | | no more than 7 days before the instructions for voting | 7 | | using electronic or acceptable technological means is | 8 | | distributed to unit owners; every instruction notice must | 9 | | include the names of all candidates who have given the | 10 | | board or its authorized agent timely written notice of | 11 | | their candidacy and must give the person voting through | 12 | | electronic or acceptable technological means the | 13 | | opportunity to cast votes for candidates whose names do not | 14 | | appear on the ballot; a unit owner who submits a vote using | 15 | | electronic or acceptable technological means may request | 16 | | and cast a ballot in person at the election meeting, | 17 | | thereby voiding any vote previously submitted by that unit | 18 | | owner;
| 19 | | (C) that if a written petition by unit owners with at | 20 | | least 20% of the
votes of
the association is delivered to | 21 | | the board within 30 days after the board's
approval
of a | 22 | | rule adopted pursuant to subparagraph (B) or subparagraph | 23 | | (B-5) of this paragraph (9), the board
shall call a meeting | 24 | | of the unit owners within 30 days after the date of
| 25 | | delivery of
the petition; that unless a majority of the | 26 | | total votes of the unit owners are
cast
at the
meeting to |
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| 1 | | reject the rule, the rule is ratified;
| 2 | | (D) that votes cast by ballot under subparagraph (B) or | 3 | | electronic or acceptable technological means under | 4 | | subparagraph (B-5) of this paragraph (9) are valid for the | 5 | | purpose of establishing a quorum; | 6 | | (10) that the association may, upon adoption of the | 7 | | appropriate rules by
the board of managers, conduct | 8 | | elections by secret ballot whereby the voting
ballot is | 9 | | marked only with the percentage interest for the unit and | 10 | | the vote
itself, provided that the board further adopt | 11 | | rules to verify the status of the
unit owner issuing a | 12 | | proxy or casting a ballot; and further, that a candidate
| 13 | | for election to the board of managers or such
candidate's | 14 | | representative shall have the right to be present at the
| 15 | | counting of ballots at such election;
| 16 | | (11) that in the event of a resale of a condominium | 17 | | unit the purchaser
of a unit from a seller other than the | 18 | | developer pursuant to an installment sales
contract for | 19 | | purchase shall during such times as he or she resides in | 20 | | the
unit be counted toward a quorum for purposes of | 21 | | election of members of the
board of managers at any meeting | 22 | | of the unit owners called for purposes of
electing members | 23 | | of the board, shall have the right to vote for the
election | 24 | | of members of the board of managers and to be elected to | 25 | | and serve
on the board of managers unless the seller | 26 | | expressly retains in writing any
or all of such rights. In |
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| 1 | | no event may the seller and purchaser both be
counted | 2 | | toward a quorum, be permitted to vote for a particular | 3 | | office or be
elected and serve on the board. Satisfactory | 4 | | evidence of the installment sales contract
shall be made | 5 | | available to the association or its agents. For
purposes of | 6 | | this subsection, "installment sales contract" shall have | 7 | | the same
meaning as set forth in Section 5 of the | 8 | | Installment Sales Contract Act and Section 1(e) of the | 9 | | Dwelling Unit Installment Contract Act;
| 10 | | (12) the method by which matters subject to the | 11 | | approval of unit owners
set forth in this Act, or in the | 12 | | condominium instruments, will be
submitted to the unit | 13 | | owners at special membership meetings called for such
| 14 | | purposes; and
| 15 | | (13) that matters subject to the affirmative vote of | 16 | | not less than 2/3
of the votes of unit owners at a meeting | 17 | | duly called for that purpose,
shall include, but not be | 18 | | limited to:
| 19 | | (i) merger or consolidation of the association;
| 20 | | (ii) sale, lease, exchange, or other disposition | 21 | | (excluding the mortgage
or pledge) of all, or | 22 | | substantially all of the property and assets of the
| 23 | | association; and
| 24 | | (iii) the purchase or sale of land or of units on | 25 | | behalf of all unit owners.
| 26 | | (c) Election of a president from among the board of |
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| 1 | | managers, who shall
preside over the meetings of the board | 2 | | of managers and of the unit owners.
| 3 | | (d) Election of a secretary from among the board of | 4 | | managers, who shall
keep the minutes of all meetings
of the | 5 | | board of managers and of the unit owners and who shall, in | 6 | | general,
perform all the duties incident to the office of | 7 | | secretary.
| 8 | | (e) Election of a treasurer from among the board of | 9 | | managers, who shall
keep the financial records and
books of | 10 | | account.
| 11 | | (f) Maintenance, repair and replacement of the common | 12 | | elements and
payments therefor, including the method of | 13 | | approving payment vouchers.
| 14 | | (g) An association with 30 or more units shall obtain | 15 | | and maintain
fidelity insurance covering persons who | 16 | | control or disburse funds of the
association for the | 17 | | maximum amount of coverage available to protect funds
in | 18 | | the custody or control of the association plus the | 19 | | association reserve
fund. All management companies which | 20 | | are responsible for the funds held or
administered by the | 21 | | association shall maintain and furnish to the
association a | 22 | | fidelity bond for the maximum amount of coverage available | 23 | | to
protect funds in the custody of the management company | 24 | | at any time. The
association shall bear the cost of the | 25 | | fidelity insurance and fidelity
bond, unless otherwise | 26 | | provided by contract between the association and a
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| 1 | | management company. The association shall be the direct | 2 | | obligee of any
such fidelity bond. A management company | 3 | | holding reserve funds of an
association shall at all times | 4 | | maintain a separate account for each
association, | 5 | | provided, however, that for investment purposes, the Board | 6 | | of
Managers of an association may authorize a management | 7 | | company to maintain
the association's reserve funds in a | 8 | | single interest bearing account with
similar funds of other | 9 | | associations. The management company shall at all
times | 10 | | maintain records identifying all moneys of each | 11 | | association in such
investment account. The management | 12 | | company may hold all operating funds of
associations which | 13 | | it manages in a single operating account but shall at
all | 14 | | times maintain records identifying all moneys of each | 15 | | association in
such operating account. Such operating and | 16 | | reserve funds held by the
management company for the | 17 | | association shall not be subject to attachment
by any | 18 | | creditor of the management company.
| 19 | | For the purpose of this subsection, a management | 20 | | company shall be
defined as a person, partnership, | 21 | | corporation, or other legal entity
entitled to transact | 22 | | business on behalf of others, acting on behalf of or
as an | 23 | | agent for a unit owner, unit owners or association of unit | 24 | | owners for
the purpose of carrying out the duties, | 25 | | responsibilities, and other
obligations necessary for the | 26 | | day to day operation and management of any
property subject |
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| 1 | | to this Act. For purposes of this subsection, the term
| 2 | | "fiduciary insurance coverage" shall be defined as both a | 3 | | fidelity bond and
directors and officers liability | 4 | | coverage, the fidelity bond in the full
amount of | 5 | | association funds and association reserves that will be in | 6 | | the
custody of the association, and the directors and | 7 | | officers liability
coverage at a level as shall be | 8 | | determined to be reasonable by the board of
managers, if | 9 | | not otherwise established by the declaration or by laws.
| 10 | | Until one year after September 21, 1985 (the effective | 11 | | date of Public Act 84-722),
if a condominium association | 12 | | has reserves plus assessments in excess of
$250,000 and | 13 | | cannot reasonably obtain 100% fidelity bond coverage for | 14 | | such
amount, then it must obtain a fidelity bond coverage | 15 | | of $250,000.
| 16 | | (h) Method of estimating the amount of the annual | 17 | | budget, and the manner
of assessing and collecting from the | 18 | | unit owners their respective shares of
such estimated | 19 | | expenses, and of any other expenses lawfully agreed upon.
| 20 | | (i) That upon 10 days notice to the manager or board of | 21 | | managers and
payment of a reasonable fee, any unit owner | 22 | | shall be furnished a statement
of his account setting forth | 23 | | the amount of any unpaid assessments or other
charges due | 24 | | and owing from such owner.
| 25 | | (j) Designation and removal of personnel necessary for | 26 | | the maintenance,
repair and replacement of the common |
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| 1 | | elements.
| 2 | | (k) Such restrictions on and requirements respecting | 3 | | the use and
maintenance of the units and the use of the | 4 | | common elements, not set forth
in the declaration, as are | 5 | | designed to prevent unreasonable interference
with the use | 6 | | of their respective units and of the common elements by the
| 7 | | several unit owners.
| 8 | | (l) Method of adopting and of amending administrative | 9 | | rules and
regulations governing the operation and use of | 10 | | the common elements.
| 11 | | (m) The percentage of votes required to modify or amend | 12 | | the bylaws, but
each one of the particulars set forth in | 13 | | this section shall always be
embodied in the bylaws.
| 14 | | (n)(i) The provisions of this Act, the declaration, | 15 | | bylaws, other
condominium instruments, and rules and | 16 | | regulations that relate to the use
of the individual unit | 17 | | or the common elements shall be applicable to
any person | 18 | | leasing a unit and shall be deemed to be incorporated in | 19 | | any
lease executed or renewed on or after August 30, 1984 | 20 | | (the effective date of Public Act 83-1271). | 21 | | (ii) With regard to any lease entered into subsequent | 22 | | to July 1, 1990 (the
effective date of Public Act 86-991), | 23 | | the unit owner leasing the
unit shall deliver a copy of the | 24 | | signed lease to the board or if the
lease is oral, a | 25 | | memorandum of the lease, not later than the date of
| 26 | | occupancy or 10 days after the lease is signed, whichever |
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| 1 | | occurs first. In
addition to any other remedies, by filing | 2 | | an action jointly against the
tenant and the unit owner, an | 3 | | association may seek to enjoin a tenant from
occupying a | 4 | | unit or seek to evict a tenant under the provisions of | 5 | | Article
IX of the Code of Civil Procedure for failure of | 6 | | the lessor-owner to
comply with the leasing requirements | 7 | | prescribed by
this Section or by the declaration, bylaws, | 8 | | and
rules and regulations. The board of managers may | 9 | | proceed directly against a
tenant, at law or in equity, or | 10 | | under the provisions of Article IX of the
Code of Civil | 11 | | Procedure, for any other breach by tenant of any
covenants, | 12 | | rules, regulations or bylaws.
| 13 | | (o) The association shall have no authority to forbear | 14 | | the payment
of assessments by any unit owner.
| 15 | | (p) That when 30% or fewer of the units, by number,
| 16 | | possess over 50% in the aggregate of the votes in the | 17 | | association,
any percentage vote of members specified | 18 | | herein or in the condominium
instruments shall require the | 19 | | specified percentage by number of units
rather than by | 20 | | percentage of interest in the common elements allocated
to | 21 | | units that would otherwise be applicable and garage units | 22 | | or storage units, or both, shall have, in total, no more | 23 | | votes than their aggregate percentage of ownership in the | 24 | | common elements; this shall mean that if garage units or | 25 | | storage units, or both, are to be given a vote, or portion | 26 | | of a vote, that the association must add the total number |
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| 1 | | of votes cast of garage units, storage units, or both, and | 2 | | divide the total by the number of garage units, storage | 3 | | units, or both, and multiply by the aggregate percentage of | 4 | | ownership of garage units and storage units to determine | 5 | | the vote, or portion of a vote, that garage units or | 6 | | storage units, or both, have. For purposes of this | 7 | | subsection (p), when making a determination of whether 30% | 8 | | or fewer of the units, by number, possess over 50% in the | 9 | | aggregate of the votes in the association, a unit shall not | 10 | | include a garage unit or a storage unit.
| 11 | | (q) That a unit owner may not assign, delegate, | 12 | | transfer, surrender, or
avoid the duties, | 13 | | responsibilities, and liabilities of a unit owner under | 14 | | this
Act, the condominium instruments, or the rules and | 15 | | regulations of the
Association; and that such an attempted | 16 | | assignment, delegation, transfer,
surrender, or avoidance | 17 | | shall be deemed void.
| 18 | | The provisions of this Section are applicable to all | 19 | | condominium
instruments recorded under this Act. Any portion of | 20 | | a condominium
instrument which contains provisions contrary to | 21 | | these provisions shall be
void as against public policy and | 22 | | ineffective. Any such instrument which
fails to contain the | 23 | | provisions required by this Section shall be deemed to
| 24 | | incorporate such provisions by operation of law.
| 25 | | (Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642, | 26 | | eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18; |
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| 1 | | 100-863, eff. 8-14-18 .)
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