Illinois General Assembly - Full Text of Public Act 098-1068
Illinois General Assembly

Previous General Assemblies

Public Act 098-1068





Public Act 098-1068
HB4783 EnrolledLRB098 17140 HEP 52227 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
adding Section 18.8 as follows:
    (765 ILCS 605/18.8 new)
    Sec. 18.8. Common elements; rights of board.
    (a) Any provision in a condominium instrument is void as
against public policy and ineffective if it limits or restricts
the rights of the board of managers by:
        (1) requiring the prior consent of the unit owners in
    order for the board of managers to take any action,
    including the institution of any action in court or a
    demand for a trial by jury; or
        (2) notwithstanding Section 32 of this Act, requiring
    the board of managers to arbitrate or mediate a dispute
    with any one or more of all of the declarants under the
    condominium instruments or the developer or any person not
    then a unit owner prior to the institution of any action by
    the board of managers or a demand for a trial by jury.
    (b) A provision in a declaration which would otherwise be
void and ineffective under this Section may be enforced if it
is approved by a vote of not less than 75% of the unit owners at
any time after the election of the first unit owner board of

Effective Date: 1/1/2015