Illinois General Assembly - Full Text of Public Act 097-0751
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Public Act 097-0751





Public Act 097-0751
HB3950 EnrolledLRB097 14826 AJO 59855 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 Condominium Property Act is amended by
changing Sections 14.3 and 18.4 as follows:
    (765 ILCS 605/14.3)  (from Ch. 30, par. 314.3)
    Sec. 14.3. Granting of easement for laying of cable
television or high speed Internet cable. Unless the condominium
instrument expressly provides for a greater percentage or
different procedures a majority of more than 50% of the unit
owners at a meeting of unit owners duly called for such purpose
may authorize the granting of an easement for the laying of
cable television or high speed Internet cable. The grant of
such easement shall be according to the terms and conditions of
the local ordinance providing for cable television or high
speed Internet in the municipality.
(Source: P.A. 83-833.)
    (765 ILCS 605/18.4)  (from Ch. 30, par. 318.4)
    Sec. 18.4. Powers and Duties of Board of Managers. The
board of managers shall exercise for the association all
powers, duties and authority vested in the association by law
or the condominium instruments except for such powers, duties
and authority reserved by law to the members of the
association. The powers and duties of the board of managers
shall include, but shall not be limited to, the following:
        (a) To provide for the operation, care, upkeep,
    maintenance, replacement and improvement of the common
    elements. Nothing in this subsection (a) shall be deemed to
    invalidate any provision in a condominium instrument
    placing limits on expenditures for the common elements,
    provided, that such limits shall not be applicable to
    expenditures for repair, replacement, or restoration of
    existing portions of the common elements. The term "repair,
    replacement or restoration" means expenditures to
    deteriorated or damaged portions of the property related to
    the existing decorating, facilities, or structural or
    mechanical components, interior or exterior surfaces, or
    energy systems and equipment with the functional
    equivalent of the original portions of such areas.
    Replacement of the common elements may result in an
    improvement over the original quality of such elements or
    facilities; provided that, unless the improvement is
    mandated by law or is an emergency as defined in item (iv)
    of subparagraph (8) of paragraph (a) of Section 18, if the
    improvement results in a proposed expenditure exceeding 5%
    of the annual budget, the board of managers, upon written
    petition by unit owners with 20% of the votes of the
    association delivered to the board within 14 days of the
    board action to approve the expenditure, shall call a
    meeting of the unit owners within 30 days of the date of
    delivery of the petition to consider the expenditure.
    Unless a majority of the total votes of the unit owners are
    cast at the meeting to reject the expenditure, it is
        (b) To prepare, adopt and distribute the annual budget
    for the property.
        (c) To levy and expend assessments.
        (d) To collect assessments from unit owners.
        (e) To provide for the employment and dismissal of the
    personnel necessary or advisable for the maintenance and
    operation of the common elements.
        (f) To obtain adequate and appropriate kinds of
        (g) To own, convey, encumber, lease, and otherwise deal
    with units conveyed to or purchased by it.
        (h) To adopt and amend rules and regulations covering
    the details of the operation and use of the property, after
    a meeting of the unit owners called for the specific
    purpose of discussing the proposed rules and regulations.
    Notice of the meeting shall contain the full text of the
    proposed rules and regulations, and the meeting shall
    conform to the requirements of Section 18(b) of this Act,
    except that no quorum is required at the meeting of the
    unit owners unless the declaration, bylaws or other
    condominium instrument expressly provides to the contrary.
    However, no rule or regulation may impair any rights
    guaranteed by the First Amendment to the Constitution of
    the United States or Section 4 of Article I of the Illinois
    Constitution including, but not limited to, the free
    exercise of religion, nor may any rules or regulations
    conflict with the provisions of this Act or the condominium
    instruments. No rule or regulation shall prohibit any
    reasonable accommodation for religious practices,
    including the attachment of religiously mandated objects
    to the front-door area of a condominium unit.
        (i) To keep detailed, accurate records of the receipts
    and expenditures affecting the use and operation of the
        (j) To have access to each unit from time to time as
    may be necessary for the maintenance, repair or replacement
    of any common elements or for making emergency repairs
    necessary to prevent damage to the common elements or to
    other units.
        (k) To pay real property taxes, special assessments,
    and any other special taxes or charges of the State of
    Illinois or of any political subdivision thereof, or other
    lawful taxing or assessing body, which are authorized by
    law to be assessed and levied upon the real property of the
        (l) To impose charges for late payment of a unit
    owner's proportionate share of the common expenses, or any
    other expenses lawfully agreed upon, and after notice and
    an opportunity to be heard, to levy reasonable fines for
    violation of the declaration, by-laws, and rules and
    regulations of the association.
        (m) Unless the condominium instruments expressly
    provide to the contrary, by a majority vote of the entire
    board of managers, to assign the right of the association
    to future income from common expenses or other sources, and
    to mortgage or pledge substantially all of the remaining
    assets of the association.
        (n) To record the dedication of a portion of the common
    elements to a public body for use as, or in connection
    with, a street or utility where authorized by the unit
    owners under the provisions of Section 14.2.
        (o) To record the granting of an easement for the
    laying of cable television or high speed Internet cable
    where authorized by the unit owners under the provisions of
    Section 14.3; to obtain, if available and determined by the
    board to be in the best interests of the association, cable
    television or bulk high speed Internet service for all of
    the units of the condominium on a bulk identical service
    and equal cost per unit basis; and to assess and recover
    the expense as a common expense and, if so determined by
    the board, to assess each and every unit on the same equal
    cost per unit basis.
        (p) To seek relief on behalf of all unit owners when
    authorized pursuant to subsection (c) of Section 10 from or
    in connection with the assessment or levying of real
    property taxes, special assessments, and any other special
    taxes or charges of the State of Illinois or of any
    political subdivision thereof or of any lawful taxing or
    assessing body.
        (q) To reasonably accommodate the needs of a
    handicapped unit owner as required by the federal Civil
    Rights Act of 1968, the Human Rights Act and any applicable
    local ordinances in the exercise of its powers with respect
    to the use of common elements or approval of modifications
    in an individual unit.
        (r) To accept service of a notice of claim for purposes
    of the Mechanics Lien Act on behalf of each respective
    member of the Unit Owners' Association with respect to
    improvements performed pursuant to any contract entered
    into by the Board of Managers or any contract entered into
    prior to the recording of the condominium declaration
    pursuant to this Act, for a property containing more than 8
    units, and to distribute the notice to the unit owners
    within 7 days of the acceptance of the service by the Board
    of Managers. The service shall be effective as if each
    individual unit owner had been served individually with
    In the performance of their duties, the officers and
members of the board, whether appointed by the developer or
elected by the unit owners, shall exercise the care required of
a fiduciary of the unit owners.
    The collection of assessments from unit owners by an
association, board of managers or their duly authorized agents
shall not be considered acts constituting a collection agency
for purposes of the Collection Agency Act.
    The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion of
a condominium instrument which contains provisions contrary to
these provisions shall be void as against public policy and
ineffective. Any such instrument that fails to contain the
provisions required by this Section shall be deemed to
incorporate such provisions by operation of law.
(Source: P.A. 96-1000, eff. 7-2-10.)

Effective Date: 1/1/2013