State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB254 Enrolled                                 LRB9101312KSgc

 1        AN  ACT to amend the Condominium Property Act by changing
 2    Section 18.4.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Condominium  Property Act is amended by
 6    changing Section 18.4 as follows:

 7        (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
 8        Sec. 18.4.  Powers and Duties of Board of Managers.   The
 9    board  of  managers  shall  exercise  for the association all
10    powers, duties and authority vested in the association by law
11    or the condominium instruments except for such powers, duties
12    and  authority  reserved  by  law  to  the  members  of   the
13    association.   The powers and duties of the board of managers
14    shall include, but shall not be limited to, the following:
15             (a)  To provide for  the  operation,  care,  upkeep,
16        maintenance,  replacement  and  improvement of the common
17        elements.  Nothing in this subsection (a) shall be deemed
18        to invalidate any provision in a  condominium  instrument
19        placing  limits  on expenditures for the common elements,
20        provided, that such limits shall  not  be  applicable  to
21        expenditures  for  repair, replacement, or restoration of
22        existing portions  of  the  common  elements.   The  term
23        "repair,  replacement  or restoration" means expenditures
24        to deteriorated  or  damaged  portions  of  the  property
25        related   to  the  existing  decorating,  facilities,  or
26        structural or mechanical components, interior or exterior
27        surfaces,  or  energy  systems  and  equipment  with  the
28        functional equivalent of the original  portions  of  such
29        areas.   Replacement of the common elements may result in
30        an improvement over the original quality of such elements
31        or facilities; provided that, unless the  improvement  is
SB254 Enrolled              -2-                LRB9101312KSgc
 1        mandated  by  law  or  is an emergency as defined in item
 2        (iv) of subparagraph (8) of paragraph (a) of Section  18,
 3        if  the  improvement  results  in  a proposed expenditure
 4        exceeding 5% of the annual budget, the board of managers,
 5        upon written petition by unit  owners  with  20%  of  the
 6        votes of the association delivered to the board within 14
 7        days  of  the  board  action  to approve the expenditure,
 8        shall call a meeting of the unit owners within 30 days of
 9        the date of delivery of  the  petition  to  consider  the
10        expenditure.  Unless a majority of the total votes of the
11        unit  owners  are  cast  at  the  meeting  to  reject the
12        expenditure, it is ratified.
13             (b)  To prepare, adopt  and  distribute  the  annual
14        budget for the property.
15             (c)  To levy and expend assessments.
16             (d)  To collect assessments from unit owners.
17             (e)  To  provide for the employment and dismissal of
18        the personnel necessary or advisable for the  maintenance
19        and operation of the common elements.
20             (f)  To  obtain  adequate  and  appropriate kinds of
21        insurance.
22             (g)  To own, convey, encumber, lease, and  otherwise
23        deal with units conveyed to or purchased by it.
24             (h)  To   adopt  and  amend  rules  and  regulations
25        covering the details of the  operation  and  use  of  the
26        property,  after  a meeting of the unit owners called for
27        the specific purpose of discussing the proposed rules and
28        regulations.  Notice of the  meeting  shall  contain  the
29        full  text of the proposed rules and regulations, and the
30        meeting shall conform  to  the  requirements  of  Section
31        18(b)  of  this Act, except that no quorum is required at
32        the meeting of the unit owners  unless  the  declaration,
33        bylaws or other condominium instrument expressly provides
34        to  the  contrary.    However,  no rule or regulation may
SB254 Enrolled              -3-                LRB9101312KSgc
 1        impair any rights guaranteed by the  First  Amendment  to
 2        the  Constitution  of  the  United States or Section 4 of
 3        Article I of the Illinois Constitution, nor may any rules
 4        or regulations conflict with the provisions of  this  Act
 5        or the condominium instruments.
 6             (i)  To  keep  detailed,  accurate  records  of  the
 7        receipts and expenditures affecting the use and operation
 8        of the property.
 9             (j)  To  have  access to each unit from time to time
10        as may  be  necessary  for  the  maintenance,  repair  or
11        replacement   of   any  common  elements  or  for  making
12        emergency repairs necessary  to  prevent  damage  to  the
13        common elements or to other units.
14             (k)  To    pay    real   property   taxes,   special
15        assessments, and any other special taxes  or  charges  of
16        the  State  of  Illinois  or of any political subdivision
17        thereof, or other lawful taxing or assessing body,  which
18        are  authorized by law to be assessed and levied upon the
19        real property of the condominium.
20             (l)  To impose charges for late payment  of  a  unit
21        owner's  proportionate  share  of the common expenses, or
22        any other expenses lawfully agreed upon, and after notice
23        and an opportunity to be heard, to levy reasonable  fines
24        for  violation of the declaration, by-laws, and rules and
25        regulations of the association.
26             (m)  Unless the  condominium  instruments  expressly
27        provide to the contrary, by a majority vote of the entire
28        board of managers, to assign the right of the association
29        to  future  income from common expenses or other sources,
30        and to  mortgage  or  pledge  substantially  all  of  the
31        remaining assets of the association.
32             (n)  To  record  the  dedication of a portion of the
33        common elements to a  public  body  for  use  as,  or  in
34        connection  with, a street or utility where authorized by
SB254 Enrolled              -4-                LRB9101312KSgc
 1        the unit owners under the provisions of Section 14.2.
 2             (o)  To record the granting of an easement  for  the
 3        laying  of cable television cable where authorized by the
 4        unit owners under the  provisions  of  Section  14.3;  to
 5        obtain, if available and determined by the board to be in
 6        the  best  interests of the association, cable television
 7        service for all of the units of the condominium on a bulk
 8        identical service and equal cost per unit basis;  and  to
 9        assess  and  recover the expense as a common expense and,
10        if so determined by the board, to assess each  and  every
11        unit on the same equal cost per unit basis.
12             (p)  To  seek  relief  on  behalf of all unit owners
13        when authorized pursuant to subsection (c) of Section  10
14        from  or  in connection with the assessment or levying of
15        real property taxes, special assessments, and  any  other
16        special  taxes  or changes of the State of Illinois or of
17        any political subdivision thereof or of any lawful taxing
18        or assessing body.
19             (q)  To  reasonably  accommodate  the  needs  of   a
20        handicapped  unit  owner as required by the federal Civil
21        Rights  Act  of  1968,  the  Human  Rights  Act  and  any
22        applicable local ordinances in the exercise of its powers
23        with respect to the use of common elements or approval of
24        modifications in an individual unit.
25        In the performance of  their  duties,  the  officers  and
26    members  of  the board, whether appointed by the developer or
27    elected by the unit owners, shall exercise the care  required
28    of a fiduciary of the unit owners.
29        The  collection  of  assessments  from  unit owners by an
30    association, board  of  managers  or  their  duly  authorized
31    agents shall not be considered acts constituting a collection
32    agency for purposes of the Collection Agency Act.
33        The  provisions  of  this  Section  are applicable to all
34    condominium instruments recorded under this Act.  Any portion
SB254 Enrolled              -5-                LRB9101312KSgc
 1    of  a  condominium  instrument  which   contains   provisions
 2    contrary  to these provisions shall be void as against public
 3    policy and ineffective.  Any such instrument  that  fails  to
 4    contain  the  provisions  required  by  this Section shall be
 5    deemed to incorporate such provisions by operation of law.
 6    (Source: P.A. 88-626, eff. 9-9-94; 89-41, eff. 6-23-95.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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