Illinois General Assembly - Bill Status for SB3180

Creates the Common Interest Community Association Act. Defines terms. Provides that the Act applies to common interest community associations and that a community instrument that is inconsistent with the Act is void as against public policy. Provides principles for the interpretation of community instruments. Provides that an initial declaration limiting ownership, rental, or occupancy of a unit to a person 55 years of age or older shall be valid and not a violation of the Illinois Human Rights Act. Provides for the election of a board, meetings, board functions, and finances of a common interest community association. Provides that an association may utilize a management company, but if that company serves more than one association it shall maintain separate accounts for each association. Provides remedies in an action brought by a unit owner against a board or board members to enforce the Act. Provides that notwithstanding any bylaws, rules, or other instruments of a common interest community association, a board may not prohibit the display of the American flag or a military flag, or both, on limited common areas or on an owner's unit. Creates the Service Member Residential Property Act. Defines terms. Provides that the Act applies to a lease of residential premises by a service member or a service member's dependents. Provides that an applicable lease may be terminated by a service member or the member's dependents after his or her entry into military service. Provides for the manner of lease termination and for arrearages, obligations, and liabilities. Provides that a violation of the Act constitutes a civil rights violation under the Illinois Human Rights Act. Provides that remedies under the Act are in addition to and do not preclude any remedy for wrongful conversion. Amends the Condominium Property Act. Provides that the Act does not apply to a common interest community association that is governed by the Common Interest Community Association Act. Amends the Illinois Human Rights Act by adding a violation of the Service Member Residential Property Act, in addition to 9 other Acts, as a civil rights violation under the Act.

Modifies definitions as follows: "common interest community" now includes a "master association"; deletes "limited common areas"; and adds "master association". Provides that unless expressly provided otherwise, this Act applies to all common interest community associations (instead of all such associations that have not been submitted to the Condominium Property Act). Provides that an association shall (instead of shall not) have a statutory lien for unpaid fines. Provides that two-thirds of the unit owners may remove a board member at a duly called special meeting of the unit owners (instead of may prescribe a method for board member removal). To the provision that a board must preserve a portion of the meeting for unit owner comments, adds provision that the duration and agenda placement of the comment period is within the board's discretion. Provides that a board of managers may authorize a management company to maintain an association's reserves in a single account with other associations. Defines "small common interest communities" as those comprised of 10 units or less or for which the association has an operating budget of less than $100,000. Provides that small common interest communities are exempted from provisions concerning quarterly board meetings, meeting and meeting notice requirements, and fidelity insurance. Deletes provisions amending the Condominium Property Act and the Illinois Human Rights Act. Makes other changes.

Deletes everything after the enacting clause, and reinserts the provisions of the engrossed bill as amended by House Amendment No. 1, except that it: deletes a provision giving an association a statutory lien for unpaid fines; provides that any provisions of a community instrument recorded after the effective date that contains provisions (instead of a community instrument that contains provisions) inconsistent with the Act are void as against public policy; provides that for declarations recorded before the effective date, in the event of a conflict (instead of in the event of a conflict) between the declaration and other community instruments the declaration prevails except to the extent that it is inconsistent with the Act; provides that in the event of the resale of a unit, the association board (instead of the unit owner) shall provide association documents to a buyer; provides for certain exemptions for small common interest community associations meeting specified criteria; provides for terms of 3 years (instead of 2 years) for officers and board members; and makes other changes. Effective immediately.

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