SB3180ham001 96TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 4/21/2010

09600SB3180ham001 LRB096 20251 AJO 40167 a

AMENDMENT TO SENATE BILL 3180

AMENDMENT NO. ______. Amend Senate Bill 3180, on page 2, lines 17 and 18, by deleting ", reserved for the exclusive use of particular units, including limited common areas"; and

on page 2, line 25, after "areas", by inserting "described in a declaration which is administered by an association"; and

on page 3, line 1, by replacing "or single-family home." with the following: "single-family home, or master association."; and

on page 3, by replacing lines 2 through 4 with the following: ""Common interest community" does not include a condominium submitted to the provisions of the Condominium Property Act or a cooperative."; and

on page 3, line 22, after "association", by adding "by a majority of the unit owners other than the developer"; and

on page 3, by deleting lines 23 through 26; and

on page 4, by deleting line 1; and

on page 4, immediately below line 19, by inserting the following:

""Master association" means a common interest community association that exercises its powers on behalf of one or more condominium or other common interest community associations or for the benefit of unit owners in such associations."; and

on page 4, line 24, by replacing "land," with "land"; and

on page 6, lines 7 through 9, by deleting the following: "that have not been submitted to the provisions of the Condominium Property Act"; and

on page 6, by replacing lines 14 through 23 with the following:

"(a) Except to the extent otherwise provided by the declaration or other community instruments, the terms defined in Section 1-5 of this Act shall be deemed to have the meaning specified therein unless the context otherwise requires."; and

on page 7, by replacing lines 2 though 4, with the following:

"(c) In the event of a"; and

on page 7, line 8, by deleting "initial"; and

on page 9, line 24, after "costs", by inserting "from the association"; and

on page 10, by replacing lines 11 through 16 with the following: "11 months after the date of its execution; or"; and

on page 12, by replacing lines 19 and 20 with the following: "association. The association shall have a statutory lien for unpaid fines."; and

on page 14, line 1, by replacing "board," with "board"; and

on page 14, line 4, by replacing "Ballots" with "With a written statement of a proper purpose, ballots"; and

on page 14, line 8, by replacing "Such" with "With a written statement of a proper purpose, such"; and

on page 14, line 24, by replacing "copying" with "retrieving and copying records properly requested"; and

on page 15, by deleting lines 10 through 21; and

on page 15, line 22, by replacing "(b)" with "(a)"; and

on page 16, line 8, by replacing "(c)" with "(b)"; and

on page 16, by replacing lines 11 and 12 with the following:

"(c) Two-thirds of the unit owners may remove a board member as a director at a duly called special meeting of the unit owners."; and

on page 16, line 13, by replacing "(e)" with "(d)"; and

on page 18, line 16, by replacing "shall ensure that unit owners receive notice" with the following: "shall give unit owners notice"; and

on page 19, line 20, by replacing "owners." with "owners; provided, however, the duration and meeting order for the unit owner comment period is within the sole discretion of the board."; and

on page 21, immediately below line 17, by inserting the following:

"(h) The board of the common interest community association shall have the authority to establish and maintain a system of master metering of public utility services and to collect payments in connection therewith, subject to the requirements of the Tenant Utility Payment Disclosure Act."; and

on page 22, line 2, by replacing "Act" with "Act,"; and

on page 24, line 15, by replacing "10 day" with "10-day"; and

on page 25, line 1, by replacing "2 year" with "2-year"; and

on page 25, line 5, by replacing "2 year" with "2-year"; and

on page 25, line 11, by replacing "90 day" with "90-day"; and

on page 26, by replacing lines 15 through 18 with the following: "purpose, unless the Act or the declaration of the association specifically provides for greater percentages or different procedures.".

on page 27, line 16, by replacing "subsection" with "subsections (a) or"; and

on page 27, lines 20 and 21, by deleting "or receipt of the common interest community association resolution"; and

on page 28, by replacing lines 11 through 19 with the following: "maintain a separate account for each association, unless by contract the board of managers of the association authorizes a management company to maintain association reserves in a single account with other associations for investment purposes. With consent of the board of managers of the association, the management"; and

on page 30, immediately below line 25, by inserting the following:

"Section 1-75. Exemption for small common interest communities. In lieu of the formal meeting requirements of Section 1-40, the board of directors of an association for a small common interest community shall provide notice of meetings to unit owners by the best means available that will reasonably assure delivery of such notices. A small common interest community is exempt from the requirements of subsection (a) of Section 1-30, subsections (a) and (b) of Section 1-40, and Section 1-55. For purposes of this Section, "small common interest community" means a community of 10 units or less or a community which has an association that has an annual budget with less than $100,000 of operating funds."; and

on page 34, by replacing lines 11 through 13 with the following:

"Section 5-30. Right of action. A person who is aggrieved by a violation of this Act shall have a right of action in circuit court to enforce the provisions of this Act and in doing so may recover attorney's fees and costs. The remedy and rights provided under this Act are"; and

on page 34, by deleting lines 18 through 23; and

by deleting pages 35 through 53.