State of Illinois
92nd General Assembly

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 1        AN ACT concerning recording conversations.

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

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 14-3 as follows:

 6        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 7        Sec.  14-3.   Exemptions.  The following activities shall
 8    be exempt from the provisions of this Article:
 9        (a)  Listening  to   radio,   wireless   and   television
10    communications of any sort where the same are publicly made;
11        (b)  Hearing  conversation when heard by employees of any
12    common carrier by wire incidental to  the  normal  course  of
13    their  employment  in the operation, maintenance or repair of
14    the equipment of such common carrier by wire so  long  as  no
15    information  obtained  thereby  is  used  or  divulged by the
16    hearer;
17        (c)  Any broadcast  by  radio,  television  or  otherwise
18    whether  it  be  a  broadcast  or recorded for the purpose of
19    later broadcasts of any  function  where  the  public  is  in
20    attendance  and the conversations are overheard incidental to
21    the main purpose for which such  broadcasts  are  then  being
22    made;
23        (d)  Recording or listening with the aid of any device to
24    any  emergency  communication  made  in  the normal course of
25    operations by any federal, state  or  local  law  enforcement
26    agency   or   institutions  dealing  in  emergency  services,
27    including, but not limited to, hospitals, clinics,  ambulance
28    services,   fire   fighting  agencies,  any  public  utility,
29    emergency repair facility, civilian defense establishment  or
30    military installation;
31        (e)  Recording the proceedings of any meeting required to
                            -2-                LRB9214959REpk
 1    be open by the Open Meetings Act, as amended;
 2        (f)  Recording or listening with the aid of any device to
 3    incoming  telephone  calls  of phone lines publicly listed or
 4    advertised  as  consumer  "hotlines"  by   manufacturers   or
 5    retailers of food and drug products.  Such recordings must be
 6    destroyed,  erased  or  turned  over to local law enforcement
 7    authorities within 24 hours from the time of  such  recording
 8    and shall not be otherwise disseminated.  Failure on the part
 9    of the individual or business operating any such recording or
10    listening  device  to  comply  with  the requirements of this
11    subsection shall eliminate any  civil  or  criminal  immunity
12    conferred  upon  that individual or business by the operation
13    of this Section;
14        (g)  With prior notification to the State's  Attorney  of
15    the  county  in  which it is to occur, recording or listening
16    with the aid of any device to any conversation  where  a  law
17    enforcement officer, or any person acting at the direction of
18    law  enforcement,  is  a  party  to  the conversation and has
19    consented  to  it  being  intercepted   or   recorded   under
20    circumstances  where  the  use of the device is necessary for
21    the protection of the law enforcement officer or  any  person
22    acting  at the direction of law enforcement, in the course of
23    an investigation of a forcible felony, a felony violation  of
24    the Illinois Controlled Substances Act, a felony violation of
25    the  Cannabis  Control  Act,  or  any "streetgang related" or
26    "gang-related" felony as  those  terms  are  defined  in  the
27    Illinois  Streetgang  Terrorism  Omnibus Prevention Act.  Any
28    recording or evidence derived as the result of this exemption
29    shall be inadmissible in any proceeding, criminal,  civil  or
30    administrative,  except (i) where a party to the conversation
31    suffers  great  bodily  injury  or  is  killed  during   such
32    conversation,  or  (ii)  when used as direct impeachment of a
33    witness concerning matters contained in the  interception  or
34    recording.   The  Director  of the Department of State Police
                            -3-                LRB9214959REpk
 1    shall issue regulations as are necessary concerning  the  use
 2    of   devices,  retention  of  tape  recordings,  and  reports
 3    regarding their use;
 4        (h)  Recordings  made   simultaneously   with   a   video
 5    recording  of  an  oral conversation between a peace officer,
 6    who has identified his or her office, and  a  person  stopped
 7    for an investigation of an offense under the Illinois Vehicle
 8    Code;
 9        (i)  Recording  of  a  conversation  made  by  or  at the
10    request of a person, not a law enforcement officer  or  agent
11    of  a  law  enforcement  officer,  who  is  a  party  to  the
12    conversation,  under  reasonable suspicion that another party
13    to the conversation is committing, is about to commit, or has
14    committed a criminal offense against the person or  a  member
15    of  his  or  her  immediate household, and there is reason to
16    believe that evidence of the criminal offense may be obtained
17    by the recording; and
18        (j)  The use of a telephone monitoring device  by  either
19    (1)  a  corporation  or  other  business  entity  engaged  in
20    marketing  or  opinion research or (2) a corporation or other
21    business entity engaged in telephone solicitation, as defined
22    in this subsection, to record or  listen  to  oral  telephone
23    solicitation  conversations  or marketing or opinion research
24    conversations by an employee  of  the  corporation  or  other
25    business entity when:
26             (i)  the  monitoring  is  used  for  the  purpose of
27        service quality control of marketing or opinion  research
28        or  telephone  solicitation, the education or training of
29        employees or contractors engaged in marketing or  opinion
30        research  or telephone solicitation, or internal research
31        related to marketing or  opinion  research  or  telephone
32        solicitation; and
33             (ii)  the  monitoring is used with the consent of at
34        least one person who is an active party to the  marketing
                            -4-                LRB9214959REpk
 1        or    opinion    research   conversation   or   telephone
 2        solicitation conversation being monitored.
 3        No communication or conversation or any part, portion, or
 4    aspect of the communication or conversation  made,  acquired,
 5    or  obtained,  directly  or  indirectly, under this exemption
 6    (j), may be, directly or indirectly,  furnished  to  any  law
 7    enforcement  officer,  agency, or official for any purpose or
 8    used in any inquiry or investigation, or  used,  directly  or
 9    indirectly,   in   any  administrative,  judicial,  or  other
10    proceeding, or divulged to any third party.
11        When recording or listening authorized by this subsection
12    (j) on telephone lines used for marketing or opinion research
13    or telephone solicitation purposes results  in  recording  or
14    listening to a conversation that does not relate to marketing
15    or  opinion  research  or  telephone solicitation; the person
16    recording or listening shall,  immediately  upon  determining
17    that the conversation does not relate to marketing or opinion
18    research  or  telephone solicitation, terminate the recording
19    or listening and destroy any such recording  as  soon  as  is
20    practicable.
21        Business  entities  that  use  a  telephone monitoring or
22    telephone recording system pursuant  to  this  exemption  (j)
23    shall  provide  current and prospective employees with notice
24    that the monitoring or recordings may occur during the course
25    of their employment.   The  notice  shall  include  prominent
26    signage notification within the workplace.
27        Business  entities  that  use  a  telephone monitoring or
28    telephone recording system pursuant  to  this  exemption  (j)
29    shall  provide  their  employees  or  agents  with  access to
30    personal-only telephone lines which may  be  pay  telephones,
31    that  are  not  subject  to telephone monitoring or telephone
32    recording.
33        For the  purposes  of  this  subsection  (j),  "telephone
34    solicitation"  means  a  communication  through  the use of a
                            -5-                LRB9214959REpk
 1    telephone by live operators:
 2             (i)  soliciting the sale of goods or services;
 3             (ii)  receiving orders for  the  sale  of  goods  or
 4        services;
 5             (iii)  assisting in the use of goods or services; or
 6             (iv)  engaging  in the solicitation, administration,
 7        or collection of bank or retail credit accounts.
 8        For the purposes of this subsection  (j),  "marketing  or
 9    opinion  research"  means  a  marketing  or  opinion research
10    interview conducted by a live telephone  interviewer  engaged
11    by  a  corporation  or  other business entity whose principal
12    business is the design, conduct, and analysis  of  polls  and
13    surveys  measuring  the opinions, attitudes, and responses of
14    respondents  toward  products  and  services,  or  social  or
15    political issues, or both; and
16        (k)  Recordings of meetings  of  boards  of  managers  as
17    provided in Section 18 of the Condominium Property Act.
18    (Source: P.A. 91-357, eff. 7-29-99.)

19        Section  10.   The Condominium Property Act is amended by
20    changing Section 18 as follows:

21        (765 ILCS 605/18) (from Ch. 30, par. 318)
22        Sec. 18. Contents of bylaws.  The  bylaws  shall  provide
23    for at least the following:

24        (a) (1)  The  election  from  among  the unit owners of a
25        board of managers, the  number  of  persons  constituting
26        such  board,  and that the terms of at least one-third of
27        the members of the board shall expire annually  and  that
28        all  members  of  the board shall be elected at large. If
29        there are multiple owners of a single unit, only  one  of
30        the  multiple  owners  shall  be  eligible  to serve as a
31        member of the board at any one time.
32             (2)  the powers and duties of the board;
                            -6-                LRB9214959REpk
 1             (3)  the compensation, if any, of the members of the
 2        board;
 3             (4)  the method of removal from office of members of
 4        the board;
 5             (5)  that the board may engage  the  services  of  a
 6        manager or managing agent;
 7             (6)  that each unit owner shall receive, at least 30
 8        days  prior  to  the  adoption  thereof  by  the board of
 9        managers, a copy of the proposed annual  budget  together
10        with  an  indication  of  which portions are intended for
11        reserves, capital expenditures or repairs or  payment  of
12        real estate taxes;
13             (7)  that  the  board  of  managers  shall  annually
14        supply  to  all unit owners an itemized accounting of the
15        common expenses for the preceding year actually  incurred
16        or  paid,  together  with an indication of which portions
17        were for reserves, capital  expenditures  or  repairs  or
18        payment of real estate taxes and with a tabulation of the
19        amounts  collected  pursuant to the budget or assessment,
20        and showing the net excess  or  deficit  of  income  over
21        expenditures plus reserves;
22             (8) (i)  that  each unit owner shall receive notice,
23        in the same  manner  as  is  provided  in  this  Act  for
24        membership  meetings,  of  any  meeting  of  the board of
25        managers concerning the adoption of the  proposed  annual
26        budget  and  regular  assessments  pursuant thereto or to
27        adopt a separate (special) assessment, (ii)  that  except
28        as  provided  in  subsection  (iv)  below,  if an adopted
29        budget or any separate assessment adopted  by  the  board
30        would  result  in  the  sum  of  all regular and separate
31        assessments payable in the current fiscal year  exceeding
32        115%  of  the sum of all regular and separate assessments
33        payable during the preceding fiscal year,  the  board  of
34        managers,  upon  written  petition by unit owners with 20
                            -7-                LRB9214959REpk
 1        percent of the votes of the association delivered to  the
 2        board  within  14  days of the board action, shall call a
 3        meeting of the unit owners within 30 days of the date  of
 4        delivery  of  the  petition  to  consider  the  budget or
 5        separate assessment; unless a majority of the total votes
 6        of the unit owners are cast at the meeting to reject  the
 7        budget or separate assessment, it is ratified, (iii) that
 8        any  common  expense  not  set forth in the budget or any
 9        increase in assessments over the amount  adopted  in  the
10        budget  shall  be  separately  assessed  against all unit
11        owners, (iv) that separate assessments  for  expenditures
12        relating to emergencies or mandated by law may be adopted
13        by  the  board  of managers without being subject to unit
14        owner approval or the provisions of item  (ii)  above  or
15        item  (v)  below.   As  used herein, "emergency" means an
16        immediate danger  to  the  structural  integrity  of  the
17        common  elements  or  to  the  life,  health,  safety  or
18        property  of  the  unit  owners, (v) that assessments for
19        additions and alterations to the common  elements  or  to
20        association-owned  property  not  included in the adopted
21        annual budget,  shall  be  separately  assessed  and  are
22        subject  to  approval of two-thirds of the total votes of
23        all unit owners, (vi) that  the  board  of  managers  may
24        adopt  separate  assessments  payable  over more than one
25        fiscal year.  With respect to multi-year assessments  not
26        governed  by items (iv) and (v), the entire amount of the
27        multi-year assessment  shall  be  deemed  considered  and
28        authorized   in  the  first  fiscal  year  in  which  the
29        assessment is approved;
30             (9)  that meetings of the board of managers shall be
31        open to any unit owner, except for  the  portion  of  any
32        meeting  held  (i)  to  discuss litigation when an action
33        against or on behalf of the  particular  association  has
34        been  filed  and  is pending in a court or administrative
                            -8-                LRB9214959REpk
 1        tribunal, or when the board of managers finds  that  such
 2        an  action  is  probable  or  imminent,  (ii) to consider
 3        information   regarding   appointment,   employment    or
 4        dismissal  of an employee, or (iii) to discuss violations
 5        of rules and regulations of the  association  or  a  unit
 6        owner's unpaid share of common expenses; that any vote on
 7        these  matters  shall  be  taken  at a meeting or portion
 8        thereof open to any unit owner; as provided in  item  (k)
 9        of  Section  14-3  of the Criminal Code of 1961, that any
10        unit owner may record  the  proceedings  at  meetings  or
11        portions thereof required to be open by this Act by tape,
12        film  or  other  means;  that  the  board  may  prescribe
13        reasonable  rules  and regulations to govern the right to
14        make such recordings, that notice of such meetings  shall
15        be  mailed  or delivered at least 48 hours prior thereto,
16        unless a written waiver of  such notice is signed by  the
17        person or persons entitled to such notice pursuant to the
18        declaration,  bylaws,  other  condominium  instrument, or
19        provision of law other than this  subsection  before  the
20        meeting  is  convened,  and  that  copies  of  notices of
21        meetings of the board of  managers  shall  be  posted  in
22        entranceways,  elevators,  or other conspicuous places in
23        the condominium at least 48 hours prior to the meeting of
24        the board of managers except where  there  is  no  common
25        entranceway  for  7  or more units, the board of managers
26        may designate one or more locations in the  proximity  of
27        these  units  where  the  notices  of  meetings  shall be
28        posted;
29             (10)  that the board shall meet  at  least  4  times
30        annually;
31             (11)  that  no  member of the board or officer shall
32        be elected for a term of more  than  2  years,  but  that
33        officers and board members may succeed themselves;
34             (12)  the  designation  of  an  officer  to mail and
                            -9-                LRB9214959REpk
 1        receive all notices and execute amendments to condominium
 2        instruments as provided  for  in  this  Act  and  in  the
 3        condominium instruments;
 4             (13)  the  method  of filling vacancies on the board
 5        which shall include authority for the  remaining  members
 6        of the board to fill the vacancy by two-thirds vote until
 7        the  next  annual  meeting of unit owners or for a period
 8        terminating no later than 30 days following the filing of
 9        a petition signed by unit owners holding 20% of the votes
10        of the association  requesting  a  meeting  of  the  unit
11        owners  to  fill the vacancy for the balance of the term,
12        and that a meeting of the unit owners shall be called for
13        purposes of filling a vacancy on the board no later  than
14        30 days following the filing of a petition signed by unit
15        owners  holding  20%  of  the  votes  of  the association
16        requesting such a meeting,  and  the  method  of  filling
17        vacancies  among  the  officers  that  shall  include the
18        authority for the  members  of  the  board  to  fill  the
19        vacancy for the unexpired portion of the term;
20             (14)  what  percentage  of the board of managers, if
21        other than a majority, shall constitute a quorum;
22             (15)  provisions concerning notice of board meetings
23        to members of the board;
24             (16)  the board of managers may  not  enter  into  a
25        contract   with   a   current  board  member  or  with  a
26        corporation or partnership in which a board member  or  a
27        member  of the board member's immediate family has 25% or
28        more interest, unless  notice  of  intent  to  enter  the
29        contract  is  given to unit owners within 20 days after a
30        decision is made to enter into the contract and the  unit
31        owners  are afforded an opportunity by filing a petition,
32        signed by 20% of the unit  owners,  for  an  election  to
33        approve  or  disapprove the contract; such petition shall
34        be filed within  20  days  after  such  notice  and  such
                            -10-               LRB9214959REpk
 1        election  shall  be  held within 30 days after filing the
 2        petition;  for  purposes  of  this  subsection,  a  board
 3        member's  immediate  family  means  the  board   member's
 4        spouse, parents, and children;
 5             (17)  that  the board of managers may disseminate to
 6        unit owners biographical and background information about
 7        candidates for election to the board  if  (i)  reasonable
 8        efforts  to  identify  all  candidates  are  made and all
 9        candidates  are   given   an   opportunity   to   include
10        biographical    and   background   information   in   the
11        information to be disseminated; and (ii) the  board  does
12        not express a preference in favor of any candidate;
13             (18)  any  proxy  distributed for board elections by
14        the board of managers gives unit owners  the  opportunity
15        to  designate  any  person as the proxy holder, and gives
16        the unit owner the opportunity to  express  a  preference
17        for any of the known candidates for the board or to write
18        in a name;
19             (19)  that special meetings of the board of managers
20        can  be  called by the president or 25% of the members of
21        the board; and
22             (20)  that the board of managers may  establish  and
23        maintain  a  system  of master metering of public utility
24        services and collect payments  in  connection  therewith,
25        subject to the requirements of the Tenant Utility Payment
26        Disclosure Act.

27        (b) (1)  What  percentage  of  the  unit owners, if other
28        than 20%, shall constitute a quorum  provided  that,  for
29        condominiums  with  20  or  more units, the percentage of
30        unit owners constituting a quorum shall be 20% unless the
31        unit owners holding a majority of the percentage interest
32        in the association provide for a higher percentage;
33             (2)  that the association shall have  one  class  of
34        membership;
                            -11-               LRB9214959REpk
 1             (3)  that  the members shall hold an annual meeting,
 2        one of the purposes of which shall be to elect members of
 3        the board of managers;
 4             (4)  the method of  calling  meetings  of  the  unit
 5        owners;
 6             (5)  that  special  meetings  of  the members can be
 7        called by the president, board of managers, or by 20%  of
 8        unit owners;
 9             (6)  that  written  notice of any membership meeting
10        shall be mailed or delivered giving members no less  than
11        10 and no more than 30 days notice of the time, place and
12        purpose of such meeting;
13             (7)  that voting shall be on a percentage basis, and
14        that  the  percentage vote to which each unit is entitled
15        is the percentage interest of the undivided ownership  of
16        the  common  elements  appurtenant thereto, provided that
17        the bylaws may provide for approval  by  unit  owners  in
18        connection with matters where the requisite approval on a
19        percentage  basis  is  not  specified in this Act, on the
20        basis of one vote per unit;
21             (8)  that, where there is more than one owner  of  a
22        unit,  if only one of the multiple owners is present at a
23        meeting of the association, he is entitled  to  cast  all
24        the votes allocated to that unit, if more than one of the
25        multiple  owners are present, the votes allocated to that
26        unit may be cast only in accordance with the agreement of
27        a majority in interest of the multiple owners, unless the
28        declaration expressly provides otherwise, that  there  is
29        majority agreement if any one of the multiple owners cast
30        the  votes  allocated  to that unit without protest being
31        made promptly to the person presiding over the meeting by
32        any of the other owners of the unit;
33             (9)  that  unless the Articles of  Incorporation  or
34        the  bylaws  otherwise  provide, a unit owner may vote by
                            -12-               LRB9214959REpk
 1        proxy executed in writing by the unit  owner  or  by  his
 2        duly authorized attorney in fact; that the proxy shall be
 3        invalid  after  11 months from the date of its execution,
 4        unless otherwise provided in the proxy,  and  that  every
 5        proxy must bear the date of execution;
 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  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
22        meeting  of  the  unit  owners  called  for  purposes  of
23        electing  members  of  the board, shall have the right to
24        vote for the election of members of the board of managers
25        and to be elected to and serve on the board  of  managers
26        unless the seller expressly retains in writing any or all
27        of such rights.  In no event may the seller and purchaser
28        both be counted toward a quorum, be permitted to vote for
29        a particular office or be elected and serve on the board.
30        Satisfactory evidence of the installment contact shall be
31        made  available  to  the  association or its agents.  For
32        purposes of this subsection, "installment contact"  shall
33        have  the  same  meaning as set forth in Section 1 (e) of
34        "An  Act  relating  to  installment  contracts  to   sell
                            -13-               LRB9214959REpk
 1        dwelling   structures",  approved  August  11,  1967,  as
 2        amended;
 3             (12)  the method by which  matters  subject  to  the
 4        approval  of unit owners set forth in this Act, or in the
 5        condominium instruments, will be submitted  to  the  unit
 6        owners  at  special  membership  meetings called for such
 7        purposes; and
 8             (13)  that matters subject to the  affirmative  vote
 9        of  not  less  than  2/3 of the votes of unit owners at a
10        meeting duly called for that purpose, shall include,  but
11        not be limited to:
12                  (i)  merger    or    consolidation    of    the
13             association;
14                  (ii)  sale,    lease,    exchange,   or   other
15             disposition (excluding the mortgage  or  pledge)  of
16             all, or substantially all of the property and assets
17             of the association; and
18                  (iii)  the purchase or sale of land or of units
19             on behalf of all unit owners.
20        (c)  Election  of  a  president  from  among the board of
21    managers, who shall preside over the meetings of the board of
22    managers and of the unit owners.
23        (d)  Election of a secretary  from  among  the  board  of
24    managers,  who  shall keep the minutes of all meetings of the
25    board of managers and of the unit owners and  who  shall,  in
26    general,  perform  all  the  duties incident to the office of
27    secretary.
28        (e)  Election of a treasurer  from  among  the  board  of
29    managers,  who  shall keep the financial records and books of
30    account.
31        (f)  Maintenance, repair and replacement  of  the  common
32    elements  and  payments  therefor,  including  the  method of
33    approving payment vouchers.
34        (g)  An association with 30 or more  units  shall  obtain
                            -14-               LRB9214959REpk
 1    and  maintain fidelity insurance covering persons who control
 2    or disburse funds of the association for the  maximum  amount
 3    of  coverage  available  to  protect  funds in the custody or
 4    control of the association plus the association reserve fund.
 5    All management companies which are responsible for the  funds
 6    held  or  administered  by the association shall maintain and
 7    furnish to the association a fidelity bond  for  the  maximum
 8    amount  of coverage available to protect funds in the custody
 9    of the management company at any time.  The association shall
10    bear the cost of the fidelity insurance  and  fidelity  bond,
11    unless otherwise provided by contract between the association
12    and  a  management  company.   The  association  shall be the
13    direct obligee of  any  such  fidelity  bond.   A  management
14    company  holding reserve funds of an association shall at all
15    times maintain  a  separate  account  for  each  association,
16    provided, however, that for investment purposes, the Board of
17    Managers of an association may authorize a management company
18    to  maintain  the  association's  reserve  funds  in a single
19    interest  bearing  account  with  similar  funds   of   other
20    associations.   The  management  company  shall  at all times
21    maintain records identifying all moneys of  each  association
22    in  such  investment account. The management company may hold
23    all operating funds of associations which  it  manages  in  a
24    single  operating  account  but  shall  at all times maintain
25    records identifying all moneys of each  association  in  such
26    operating  account.  Such operating and reserve funds held by
27    the management company  for  the  association  shall  not  be
28    subject  to  attachment  by  any  creditor  of the management
29    company.
30        For the purpose of this subsection a  management  company
31    shall  be  defined  as a person, partnership, corporation, or
32    other legal entity entitled to transact business on behalf of
33    others, acting on behalf of or as an agent for a unit  owner,
34    unit  owners or association of unit owners for the purpose of
                            -15-               LRB9214959REpk
 1    carrying  out  the  duties,   responsibilities,   and   other
 2    obligations  necessary  for  the  day  to  day  operation and
 3    management of any property subject to this Act.  For purposes
 4    of this subsection, the term "fiduciary  insurance  coverage"
 5    shall  be  defined  as both a fidelity bond and directors and
 6    officers liability coverage, the fidelity bond  in  the  full
 7    amount  of  association  funds  and association reserves that
 8    will be in the custody of the association, and the  directors
 9    and  officers  liability  coverage  at  a  level  as shall be
10    determined to be reasonable by the board of managers, if  not
11    otherwise established by the declaration or by laws.
12        Until   one   year  after  the  effective  date  of  this
13    amendatory Act of 1985,  if  a  condominium  association  has
14    reserves  plus  assessments  in excess of $250,000 and cannot
15    reasonably  obtain  100%  fidelity  bond  coverage  for  such
16    amount, then it must  obtain  a  fidelity  bond  coverage  of
17    $250,000.
18        (h)  Method  of  estimating  the  amount  of  the  annual
19    budget,  and  the manner of assessing and collecting from the
20    unit  owners  their  respective  shares  of  such   estimated
21    expenses, and of any other expenses lawfully agreed upon.
22        (i)  That  upon 10 days notice to the manager or board of
23    managers and payment of a  reasonable  fee,  any  unit  owner
24    shall  be  furnished a statement of his account setting forth
25    the amount of any unpaid assessments or other charges due and
26    owing from such owner.
27        (j)  Designation and removal of personnel  necessary  for
28    the   maintenance,  repair  and  replacement  of  the  common
29    elements.
30        (k)  Such restrictions on and requirements respecting the
31    use and maintenance of the units and the use  of  the  common
32    elements,  not  set forth in the declaration, as are designed
33    to prevent unreasonable interference with the  use  of  their
34    respective  units  and  of the common elements by the several
                            -16-               LRB9214959REpk
 1    unit owners.
 2        (l)  Method of adopting and  of  amending  administrative
 3    rules  and regulations governing the operation and use of the
 4    common elements.
 5        (m)  The percentage of votes required to modify or  amend
 6    the bylaws, but each one of the particulars set forth in this
 7    section shall always be embodied in the bylaws.
 8        (n) (i)  The  provisions  of  this  Act, the declaration,
 9    bylaws,  other  condominium  instruments,   and   rules   and
10    regulations  that relate to the use of the individual unit or
11    the common elements shall be applicable to any person leasing
12    a unit and shall be deemed to be incorporated  in  any  lease
13    executed  or  renewed  on or after the effective date of this
14    amendatory Act of 1984. (ii) With regard to any lease entered
15    into subsequent to the effective date of this amendatory  Act
16    of 1989, the unit owner leasing the unit shall deliver a copy
17    of  the  signed lease to the board or if the lease is oral, a
18    memorandum of the lease, not later than the date of occupancy
19    or 10 days after the lease is signed, whichever occurs first.
20    In addition to  any  other  remedies,  by  filing  an  action
21    jointly against the tenant and the unit owner, an association
22    may  seek to enjoin a tenant from occupying a unit or seek to
23    evict a tenant under the provisions of Article IX of the Code
24    of Civil Procedure for failure of the lessor-owner to  comply
25    with  the  leasing requirements prescribed by this Section or
26    by the declaration, bylaws, and rules  and  regulations.  The
27    board  of  managers may proceed directly against a tenant, at
28    law or in equity, or under the provisions of  Article  IX  of
29    the  Code  of Civil Procedure, for any other breach by tenant
30    of any covenants, rules, regulations or bylaws.
31        (o)  The association shall have no authority  to  forbear
32    the payment of assessments by any unit owner.
33        (p)  That  when  30%  or  fewer  of the units, by number,
34    possess over 50%  in  the  aggregate  of  the  votes  in  the
                            -17-               LRB9214959REpk
 1    association,  any percentage vote of members specified herein
 2    or in the condominium instruments shall require the specified
 3    percentage by number of units rather than  by  percentage  of
 4    interest in the common elements allocated to units that would
 5    otherwise be applicable.
 6        (q)  That   a   unit  owner  may  not  assign,  delegate,
 7    transfer, surrender, or avoid the  duties,  responsibilities,
 8    and   liabilities  of  a  unit  owner  under  this  Act,  the
 9    condominium instruments, or the rules and regulations of  the
10    Association;   and   that   such   an  attempted  assignment,
11    delegation, transfer, surrender, or avoidance shall be deemed
12    void.
13        The provisions of this  Section  are  applicable  to  all
14    condominium instruments recorded under this Act.  Any portion
15    of   a   condominium  instrument  which  contains  provisions
16    contrary to these provisions shall be void as against  public
17    policy  and  ineffective.  Any such instrument which fails to
18    contain the provisions required  by  this  Section  shall  be
19    deemed to incorporate such provisions by operation of law.
20    (Source:  P.A.  88-135;  88-417; 88-626, eff. 9-9-94; 88-670,
21    eff. 12-2-94; 89-41, eff. 6-23-95.)

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