SB2892eng 98TH GENERAL ASSEMBLY

SB2892 Engrossed LRB098 12652 HEP 50601 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) Except as provided in subsection (b) of this Section, 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:

(1) requiring consent of a percentage of unit owners; or

(2) requiring arbitration; or

(3) requiring mediation prior to the filing of an action in a court of competent jurisdiction; or

(4) requiring any combination of items (1) through (3) of this subsection (a); or

(5) restricting or delaying the board's ability to bring an action affecting the common elements or more than one condominium unit in a court of competent jurisdiction and to demand a trial by jury.

(b) A provision in the condominium instruments which would otherwise be unenforceable under this Section may be enforced if 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.