Public Act 099-0612
 
HB5696 EnrolledLRB099 18117 HEP 42483 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Common Interest Community Association Act is
amended by changing Sections 1-5 and 1-85 as follows:
 
    (765 ILCS 160/1-5)
    Sec. 1-5. Definitions. As used in this Act, unless the
context otherwise requires:
    "Acceptable technological means" includes, without
limitation, electronic transmission over the Internet or other
network, whether by direct connection, intranet, telecopier,
or electronic mail, and any generally available technology
that, by rule of the association, is deemed to provide
reasonable security, reliability, identification, and
verifiability.
    "Association" or "common interest community association"
means the association of all the members of a common interest
community, acting pursuant to bylaws or an operating agreement
through its duly elected board of managers or board of
directors.
    "Board" means a common interest community association's
board of managers or board of directors, whichever is
applicable.
    "Board member" or "member of the board" means a member of
the board of managers or the board of directors, whichever is
applicable.
    "Board of directors" means, for a common interest community
that has been incorporated as an Illinois not-for-profit
corporation, the group of people elected by the members of a
common interest community as the governing body to exercise for
the members of the common interest community association all
powers, duties, and authority vested in the board of directors
under this Act and the common interest community association's
declaration and bylaws.
    "Board of managers" means, for a common interest community
that is an unincorporated association or organized as a limited
liability company, the group of people elected by the members
of a common interest community as the governing body to
exercise for the members of the common interest community
association all powers, duties, and authority vested in the
board of managers under this Act and the common interest
community association's declaration, bylaws, or operating
agreement.
    "Building" means all structures, attached or unattached,
containing one or more units.
    "Common areas" means the portion of the property other than
a unit.
    "Common expenses" means the proposed or actual expenses
affecting the property, including reserves, if any, lawfully
assessed by the common interest community association.
    "Common interest community" means real estate other than a
condominium or cooperative with respect to which any person by
virtue of his or her ownership of a partial interest or a unit
therein is obligated to pay for the maintenance, improvement,
insurance premiums or real estate taxes of common areas
described in a declaration which is administered by an
association. "Common interest community" may include, but not
be limited to, an attached or detached townhome, villa, or
single-family home. A "common interest community" does not
include a master association.
    "Community instruments" means all documents and authorized
amendments thereto recorded by a developer or common interest
community association, including, but not limited to, the
declaration, bylaws, operating agreement, plat of survey, and
rules and regulations.
    "Declaration" means any duly recorded instruments, however
designated, that have created a common interest community and
any duly recorded amendments to those instruments.
    "Developer" means any person who submits property legally
or equitably owned in fee simple by the person to the
provisions of this Act, or any person who offers units legally
or equitably owned in fee simple by the person for sale in the
ordinary course of such person's business, including any
successor to such person's entire interest in the property
other than the purchaser of an individual unit.
    "Developer control" means such control at a time prior to
the election of the board of the common interest community
association by a majority of the members other than the
developer.
    "Electronic transmission" means any form of communication,
not directly involving the physical transmission of paper, that
creates a record that may be retained, retrieved, and reviewed
by a recipient and that may be directly reproduced in paper
form by the recipient through an automated process.
    "Majority" or "majority of the members" means the owners of
more than 50% in the aggregate in interest of the undivided
ownership of the common elements. Any specified percentage of
the members means such percentage in the aggregate in interest
of such undivided ownership. "Majority" or "majority of the
members of the board of the common interest community
association" means more than 50% of the total number of persons
constituting such board pursuant to the bylaws or operating
agreement. Any specified percentage of the members of the
common interest community association means that percentage of
the total number of persons constituting such board pursuant to
the bylaws or operating agreement.
    "Management company" or "community association manager"
means a person, partnership, corporation, or other legal entity
entitled to transact business on behalf of others, acting on
behalf of or as an agent for an association for the purpose of
carrying out the duties, responsibilities, and other
obligations necessary for the day to day operation and
management of any property subject to this Act.
    "Meeting of the board" or "board meeting" means any
gathering of a quorum of the members of the board of the common
interest community association held for the purpose of
conducting board business.
    "Member" means the person or entity designated as an owner
and entitled to one vote as defined by the community
instruments. The terms "member" and "unit owner" may be used
interchangeably as defined by the community instruments,
except in situations in which a matter of legal title to the
unit is involved or at issue, in which case the term "unit
owner" would be the applicable term used.
    "Membership" means the collective group of members
entitled to vote as defined by the community instruments.
    "Parcel" means the lot or lots or tract or tracts of land
described in the declaration as part of a common interest
community.
    "Person" means a natural individual, corporation,
partnership, trustee, or other legal entity capable of holding
title to real property.
    "Plat" means a plat or plats of survey of the parcel and of
all units in the common interest community, which may consist
of a three-dimensional horizontal and vertical delineation of
all such units, structures, easements, and common areas on the
property.
    "Prescribed delivery method" means mailing, delivering,
posting in an association publication that is routinely mailed
to all members, electronic transmission, or any other delivery
method that is approved in writing by the member and authorized
by the community instruments.
    "Property" means all the land, property, and space
comprising the parcel, all improvements and structures
erected, constructed or contained therein or thereon,
including any building and all easements, rights, and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit, or enjoyment of
the members, under the authority or control of a common
interest community association.
    "Purchaser" means any person or persons, other than the
developer, who purchase a unit in a bona fide transaction for
value.
    "Record" means to record in the office of the recorder of
the county wherein the property is located.
    "Reserves" means those sums paid by members which are
separately maintained by the common interest community
association for purposes specified by the declaration and
bylaws of the common interest community association.
    "Unit" means a part of the property designed and intended
for any type of independent use.
    "Unit owner" means the person or persons whose estates or
interests, individually or collectively, aggregate fee simple
absolute ownership of a unit.
(Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15.)
 
    (765 ILCS 160/1-85)
    Sec. 1-85. Use of technology.
    (a) Any notice required to be sent or received or
signature, vote, consent, or approval required to be obtained
under any community instrument or any provision of this Act may
be accomplished using acceptable technological means the
technology generally available at that time. This Section
governs the use of technology in implementing the provisions of
any community instrument or any provision of this Act
concerning notices, signatures, votes, consents, or approvals.
    (b) The common interest community association, unit
owners, and other persons entitled to occupy a unit may perform
any obligation or exercise any right under any community
instrument or any provision of this Act by use of acceptable
technological means any technological means that provides
sufficient security, reliability, identification, and
verifiability.
    (c) A verifiable electronic signature transmitted by
acceptable technological means satisfies any requirement for a
signature under any community instrument or any provision of
this Act.
    (d) Voting on, consent to, and approval of any matter under
any community instrument or any provision of this Act may be
accomplished by any acceptable electronic transmission or
other equivalent technological means, provided that a record is
created as evidence thereof and maintained as long as the
record would be required to be maintained in nonelectronic
form.
    (e) Subject to other provisions of law, no action required
or permitted by any community instrument or any provision of
this Act need be acknowledged before a notary public if the
identity and signature of the signatory person can otherwise be
authenticated to the satisfaction of the board of directors.
    (f) If any person does not provide written authorization to
conduct business using acceptable electronic transmission or
other equivalent technological means, the common interest
community association shall, at its expense, conduct business
with the person without the use of acceptable electronic
transmission or other equivalent technological means.
    (g) This Section does not apply to any notices required:
(i) under Article IX of the Code of Civil Procedure; or (ii) in
connection with related to: (i) an action by the common
interest community association to collect a common expense; or
(ii) foreclosure proceedings in enforcement of any lien rights
under this Act.
(Source: P.A. 98-1042, eff. 1-1-15.)
 
    Section 10. The Condominium Property Act is amended by
changing Sections 2 and 18.8 as follows:
 
    (765 ILCS 605/2)  (from Ch. 30, par. 302)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Declaration" means the instrument by which the
property is submitted to the provisions of this Act, as
hereinafter provided, and such declaration as from time to time
amended.
    (b) "Parcel" means the lot or lots, tract or tracts of
land, described in the declaration, submitted to the provisions
of this Act.
    (c) "Property" means all the land, property and space
comprising the parcel, all improvements and structures
erected, constructed or contained therein or thereon,
including the building and all easements, rights and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit or enjoyment of
the unit owners, submitted to the provisions of this Act.
    (d) "Unit" means a part of the property designed and
intended for any type of independent use.
    (e) "Common Elements" means all portions of the property
except the units, including limited common elements unless
otherwise specified.
    (f) "Person" means a natural individual, corporation,
partnership, trustee or other legal entity capable of holding
title to real property.
    (g) "Unit Owner" means the person or persons whose estates
or interests, individually or collectively, aggregate fee
simple absolute ownership of a unit, or, in the case of a
leasehold condominium, the lessee or lessees of a unit whose
leasehold ownership of the unit expires simultaneously with the
lease described in item (x) of this Section.
    (h) "Majority" or "majority of the unit owners" means the
owners of more than 50% in the aggregate in interest of the
undivided ownership of the common elements. Any specified
percentage of the unit owners means such percentage in the
aggregate in interest of such undivided ownership. "Majority"
or "majority of the members of the board of managers" means
more than 50% of the total number of persons constituting such
board pursuant to the bylaws. Any specified percentage of the
members of the board of managers means that percentage of the
total number of persons constituting such board pursuant to the
bylaws.
    (i) "Plat" means a plat or plats of survey of the parcel
and of all units in the property submitted to the provisions of
this Act, which may consist of a three-dimensional horizontal
and vertical delineation of all such units.
    (j) "Record" means to record in the office of the recorder
or, whenever required, to file in the office of the Registrar
of Titles of the county wherein the property is located.
    (k) "Conversion Condominium" means a property which
contains structures, excepting those newly constructed and
intended for condominium ownership, which are, or have
previously been, wholly or partially occupied before recording
of condominium instruments by persons other than those who have
contracted for the purchase of condominiums.
    (l) "Condominium Instruments" means all documents and
authorized amendments thereto recorded pursuant to the
provisions of the Act, including the declaration, bylaws and
plat.
    (m) "Common Expenses" means the proposed or actual expenses
affecting the property, including reserves, if any, lawfully
assessed by the Board of Managers of the Unit Owner's
Association.
    (n) "Reserves" means those sums paid by unit owners which
are separately maintained by the board of managers for purposes
specified by the board of managers or the condominium
instruments.
    (o) "Unit Owners' Association" or "Association" means the
association of all the unit owners, acting pursuant to bylaws
through its duly elected board of managers.
    (p) "Purchaser" means any person or persons other than the
Developer who purchase a unit in a bona fide transaction for
value.
    (q) "Developer" means any person who submits property
legally or equitably owned in fee simple by the developer, or
leased to the developer under a lease described in item (x) of
this Section, to the provisions of this Act, or any person who
offers units legally or equitably owned in fee simple by the
developer, or leased to the developer under a lease described
in item (x) of this Section, for sale in the ordinary course of
such person's business, including any successor or successors
to such developers' entire interest in the property other than
the purchaser of an individual unit.
    (r) "Add-on Condominium" means a property to which
additional property may be added in accordance with condominium
instruments and this Act.
    (s) "Limited Common Elements" means a portion of the common
elements so designated in the declaration as being reserved for
the use of a certain unit or units to the exclusion of other
units, including but not limited to balconies, terraces, patios
and parking spaces or facilities.
    (t) "Building" means all structures, attached or
unattached, containing one or more units.
    (u) "Master Association" means an organization described
in Section 18.5 whether or not it is also an association
described in Section 18.3.
    (v) "Developer Control" means such control at a time prior
to the election of the Board of Managers provided for in
Section 18.2(b) of this Act.
    (w) "Meeting of Board of Managers or Board of Master
Association" means any gathering of a quorum of the members of
the Board of Managers or Board of the Master Association held
for the purpose of conducting board business.
    (x) "Leasehold Condominium" means a property submitted to
the provisions of this Act which is subject to a lease, the
expiration or termination of which would terminate the
condominium and the lessor of which is (i) exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, (ii) a limited liability company whose sole member
is exempt from taxation under Section 501 (c)(3) of the
Internal Revenue Code of 1986, as amended, or (iii) a Public
Housing Authority created pursuant to the Housing Authorities
Act that is located in a municipality having a population in
excess of 1,000,000 inhabitants.
    (y) "Electronic transmission" means any form of
communication, not directly involving the physical
transmission of paper, that creates a record that may be
retained, retrieved, and reviewed by a recipient and that may
be directly reproduced in paper form by the recipient through
an automated process.
    (z) "Acceptable technological means" includes, without
limitation, electronic transmission over the Internet or other
network, whether by direct connection, intranet, telecopier,
or electronic mail, and any generally available technology
that, by rule of the association, is deemed to provide
reasonable security, reliability, identification, and
verifiability.
(Source: P.A. 98-1042, eff. 1-1-15.)
 
    (765 ILCS 605/18.8)
    Sec. 18.8. Use of technology.
    (a) Any notice required to be sent or received or
signature, vote, consent, or approval required to be obtained
under any condominium instrument or any provision of this Act
may be accomplished using acceptable technological means the
technology generally available at that time. This Section shall
govern the use of technology in implementing the provisions of
any condominium instrument or any provision of this Act
concerning notices, signatures, votes, consents, or approvals.
    (b) The association, unit owners, and other persons
entitled to occupy a unit may perform any obligation or
exercise any right under any condominium instrument or any
provision of this Act by use of acceptable technological means
any technological means that provides sufficient security,
reliability, identification, and verifiability.
    (c) A verifiable electronic signature transmitted by
acceptable technological means satisfies any requirement for a
signature under any condominium instrument or any provision of
this Act.
    (d) Voting on, consent to, and approval of any matter under
any condominium instrument or any provision of this Act may be
accomplished by any acceptable electronic transmission or
other equivalent technological means, provided that a record is
created as evidence thereof and maintained as long as the
record would be required to be maintained in nonelectronic
form.
    (e) Subject to other provisions of law, no action required
or permitted by any condominium instrument or any provision of
this Act need be acknowledged before a notary public if the
identity and signature of the signatory person can otherwise be
authenticated to the satisfaction of the board of directors or
board of managers.
    (f) If any person does not provide written authorization to
conduct business using acceptable electronic transmission or
other equivalent technological means, the association shall,
at its expense, conduct business with the person without the
use of acceptable electronic transmission or other equivalent
technological means.
    (g) This Section does not apply to any notices required:
(i) under Article IX of the Code of Civil Procedure; or (ii) in
connection with related to: (i) an action by the association to
collect a common expense; or (ii) foreclosure proceedings in
enforcement of any lien rights under this Act.
(Source: P.A. 98-1042, eff. 1-1-15; 99-78, eff. 7-20-15.)