HB2861 98TH GENERAL ASSEMBLY

LRB098 08511 HEP 38622 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2861

Introduced , by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-37 new

Amends the Common Interest Community Association Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. Provides that a common interest community association may not prohibit the use of a residential dwelling as a day care home unless a community instrument specifically prohibits that use. Provides that a condominium, timeshare, or cooperative is exempt from the provision.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Common Interest Community Association Act is amended by adding Section 1-37 as follows:

(765 ILCS 160/1-37 new)

Sec. 1-37. Community instruments; day care homes.

(a) The operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. A community instrument may not be interpreted so that the operation of a family day care home is considered a business, commercial activity, or trade.

(b) An association may not prohibit the use of a residential dwelling as a day care home unless a community instrument specifically prohibits that use in the community.

(c) A condominium, timeshare, or cooperative is exempt from this Section.