Illinois General Assembly - Bill Status for SB2485
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 Bill Status of SB2485  100th General Assembly


Short Description:  CONDOS:DEFAULT-WRITTEN NOTICE

Senate Sponsors
Sen. Laura M. Murphy

House Sponsors
(Rep. Jonathan Carroll )

Last Action
DateChamber Action
  5/31/2018HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
765 ILCS 605/9from Ch. 30, par. 309
765 ILCS 605/9.2from Ch. 30, par. 309.2
765 ILCS 605/18from Ch. 30, par. 318
765 ILCS 605/18.4from Ch. 30, par. 318.4


Synopsis As Introduced
Amends the Condominium Property Act. Provides that the lien for nonpayment of common expenses and fines attaches after the unit owner is given written notice and an opportunity to be heard. Provides that the board of managers may seek remedies under the Act after providing the unit owner or agent of the unit owner with written notice of the default and providing an opportunity to be heard regarding any fees that are in dispute. Provides that the bylaws shall provide that the association has no authority to initiate collection proceedings against a unit owner until the board of managers issues a 30-day written notice of delinquency, and an opportunity for a hearing is given to dispute any amounts due. Provides that the board of managers has the power, after written notice (instead of "notice") and an opportunity to be heard, to levy reasonable fines for violation of the declaration, bylaws, and rules and regulations of the association.

Senate Committee Amendment No. 1
Deletes language providing that the lien for nonpayment of common expenses and fines attaches after the unit owner is given written notice and an opportunity to be heard. Provides instead that the board of managers shall not record or foreclose upon a lien for nonpayment of common expenses and fines until after it provides the unit owner with written notice and an opportunity to be heard. Provides that the board of managers may seek remedies under the Act after providing the unit owner or agent of the unit owner with written notice of the default and providing an opportunity to be heard regarding charges assessed against the unit owner's account, including attorney's fees that are in dispute (instead of "any fees that are in dispute"). Provides that the bylaws shall provide that the association has no authority to report adverse information to a credit reporting agency until the board of managers issues a 30-day written notice of delinquency, and an opportunity for a hearing is given to dispute any amounts due. Specifies that a collection proceeding includes, but is not limited to, an action under the Eviction Article of the Code of Civil Procedure.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Condominium Property Act. Provides that before the board may levy a fine, it shall first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard. Provides that the written notice shall be made in accordance with the requirements of the Act. Provides that the notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complies with the notice and hearing requirements. Makes corresponding changes.

Actions 
DateChamber Action
  1/31/2018SenateFiled with Secretary by Sen. Laura M. Murphy
  1/31/2018SenateFirst Reading
  1/31/2018SenateReferred to Assignments
  2/7/2018SenateAssigned to Judiciary
  2/27/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura M. Murphy
  2/27/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/1/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/14/2018SenatePostponed - Judiciary
  3/14/2018SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/11/2018SenateSenate Committee Amendment No. 1 Adopted
  4/11/2018SenateDo Pass as Amended Judiciary; 009-001-001
  4/11/2018SenatePlaced on Calendar Order of 2nd Reading April 12, 2018
  4/20/2018SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura M. Murphy
  4/20/2018SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/23/2018SenateSenate Floor Amendment No. 2 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.
  4/24/2018SenateSecond Reading
  4/24/2018SenatePlaced on Calendar Order of 3rd Reading April 25, 2018
  4/27/2018SenateRule 2-10 Third Reading Deadline Established As May 3, 2018
  5/3/2018SenateRule 3-9(a) / Re-referred to Assignments
  5/8/2018SenateRule 2-10 Third Reading Deadline Established As May 11, 2018
  5/8/2018SenateApproved for Consideration Assignments
  5/8/2018SenatePlaced on Calendar Order of 3rd Reading May 9, 2018
  5/10/2018SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/11/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/16/2018SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-001
  5/16/2018SenateRecalled to Second Reading
  5/16/2018SenateSenate Floor Amendment No. 2 Adopted; Murphy
  5/16/2018SenatePlaced on Calendar Order of 3rd Reading
  5/16/2018SenateThird Reading - Passed; 048-000-001
  5/16/2018HouseArrived in House
  5/16/2018HouseChief House Sponsor Rep. Scott Drury
  5/16/2018HouseSubstitute House Sponsorship Request Filed Pursuant Rule 37(c) - Sen. Laura Murphy
  5/17/2018HouseFirst Reading
  5/17/2018HouseReferred to Rules Committee
  5/18/2018HouseAssigned to Judiciary - Civil Committee
  5/18/2018HouseFinal Action Deadline Extended-9(b) May 25, 2018
  5/24/2018HouseSubstitute House Sponsorship Request Referred to Rules Committee
  5/24/2018HouseSubstitute House Sponsorship Request Accepted No Action Taken by Rules
  5/24/2018HouseAlternate Chief Sponsor Changed to Rep. Jonathan Carroll
  5/25/2018HouseFinal Action Deadline Extended-9(b) May 31, 2018
  5/31/2018HouseRule 19(a) / Re-referred to Rules Committee

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