HB4783sam001 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/6/2014

09800HB4783sam001 LRB098 17140 HEP 59106 a

AMENDMENT TO HOUSE BILL 4783

AMENDMENT NO. ______. Amend House Bill 4783 by replacing everything after the enacting clause with the following:

"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) Any provision in a condominium instrument is void as against public policy and ineffective if it limits or restricts the rights of the board of managers by:

(1) requiring the prior consent of the unit owners in order for the board of managers to take any action, including the institution of any action in court or a demand for a trial by jury; or

(2) notwithstanding Section 32 of this Act, requiring the board of managers to arbitrate or mediate a dispute with any one or more of all of the declarants under the condominium instruments or the developer or any person not then a unit owner prior to the institution of any action by the board of managers or a demand for a trial by jury.

(b) A provision in a declaration which would otherwise be void and ineffective under this Section may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit owner board of managers.".