98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2892
 
Introduced 2/4/2014, by Sen. John G. Mulroe
 
SYNOPSIS AS INTRODUCED:
 

 
765 ILCS 605/18.8 new

     Amends the Condominium Property Act. Provides that unless it is approved by a unit owner percentage vote of not less than 75% of the total in the aggregate in interest of the undivided ownership of the common elements following the election of the first unit owner board of managers, a provision in the condominium instruments is against public policy and unenforceable if it restricts the right of a board to represent the association in legal matters which affect the common elements or more than one unit by requiring consent of a percentage of unit owners, requiring arbitration, requiring mediation prior to the filing of an action in a court of competent jurisdiction, or restricting or delaying the board's ability to bring an action affecting the common elements or more than one unit in a court of competent jurisdiction and to demand a trial by jury.


LRB098 12652 HEP 50601 b

 
 
A BILL FOR
 

  
SB2892LRB098 12652 HEP 50601 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Condominium Property Act is amended  by 
5adding Section 18.8 as follows:
 
6    (765 ILCS 605/18.8 new)
7    Sec. 18.8. Common elements; rights of board.
8    (a) Except as provided in subsection (b) of this Section, a 
9provision in the condominium instruments is against public 
10policy and unenforceable if it restricts the right of a board 
11to represent the association in legal matters which affect the 
12common elements or more than one unit by:
13        (1) requiring consent of a percentage of unit owners; 
14    or
15        (2) requiring arbitration; or
16        (3) requiring mediation prior to the filing of an 
17    action in a court of competent jurisdiction; or
18        (4) requiring any combination of items (1) through (3) 
19    of this subsection (a); or
20        (5) restricting or delaying the board's ability to 
21    bring an action affecting the common elements or more than 
22    one condominium unit in a court of competent jurisdiction 
23    and to demand a trial by jury.
 
 
SB2892- 2 -LRB098 12652 HEP 50601 b

1    (b) A provision in the condominium instruments which would 
2otherwise be unenforceable under this Section may be enforced 
3if it is approved by a unit owner percentage vote of not less 
4than 75% of the total in the aggregate in interest of the 
5undivided ownership of the common elements following the 
6election of the first unit owner board of managers.