Public Act 099-0849
 
SB2359 EnrolledLRB099 16663 HEP 41001 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 
changing Section 18.4 as follows:
 


    (765 ILCS 605/18.4)  (from Ch. 30, par. 318.4)




    Sec. 18.4. Powers and duties of board of managers. The 
board of
managers shall exercise for the association all 
powers, duties and
authority vested in the association by law 
or the condominium instruments
except for such powers, duties 
and authority reserved by law to the members
of the 
association.  The powers and duties of the board of managers 
shall
include, but shall not be limited to, the following:


        (a) To provide for the operation, care, upkeep, 
    maintenance,
replacement and improvement of the common 
    elements.  Nothing
in
this subsection (a) shall be deemed to 
    invalidate any provision in a
condominium instrument 
    placing limits on expenditures for the common elements, 
    provided, that such
limits shall not be applicable to 
    expenditures for repair, replacement, or
restoration of 
    existing portions of the common elements.  The
term "repair, 
    replacement or restoration" means expenditures to 
    deteriorated or
damaged portions of the property related to 
    the existing decorating,
facilities, or structural or 
    mechanical components, interior or exterior
surfaces, or 
    energy systems and equipment with the functional 
    equivalent of the
original portions of such areas.  
    Replacement of the common elements may
result in an 
    improvement over the original quality of such elements or

    facilities; provided that, unless the improvement is 
    mandated by law or is an
emergency as defined in item (iv) 
    of subparagraph (8) of paragraph (a) of
Section 18, if the 
    improvement results in a proposed expenditure
exceeding 5% 
    of the annual budget, the board of managers, upon written 
    petition
by unit owners with 20% of the votes of the 
    association delivered to the board
within 14 days of the 
    board action to approve the expenditure, shall call a

    meeting of the unit owners within 30 days of the date of 
    delivery of the
petition to consider the expenditure.  
    Unless a majority of the total votes of
the unit owners are 
    cast at the meeting to reject the expenditure, it is

    ratified.


        (b) To prepare, adopt and distribute the annual budget 
    for the property.


        (c) To levy and expend assessments.


        (d) To collect assessments from unit
owners.


        (e) To provide for the employment and dismissal of the 
    personnel
necessary or advisable for the maintenance and 
    operation of the common
elements.


        (f) To obtain adequate and appropriate kinds of

    insurance.


        (g) To own, convey, encumber, lease, and otherwise deal 
    with units
conveyed to or purchased by it.


        (h) To adopt and amend rules and regulations covering 
    the details of
the operation and use of the property, after 
    a meeting of the unit owners
called for the specific 
    purpose of discussing the proposed rules and
regulations.  
    Notice of the meeting shall contain the full text of the

    proposed rules and regulations, and the meeting shall 
    conform to the
requirements of Section 18(b) of this Act, 
    except that no quorum is
required at the meeting of the 
    unit owners unless the declaration, bylaws
or other 
    condominium instrument expressly provides to the contrary.

    However, no rule or regulation may impair any rights 
    guaranteed by the
First Amendment to the Constitution of 
    the United States or Section 4 of
Article I of the Illinois 
    Constitution including, but not limited to, the free 
    exercise of religion, nor may any rules or regulations

    conflict with the provisions of this Act or the condominium 
    instruments. No rule or regulation shall prohibit any 
    reasonable accommodation for religious practices, 
    including the attachment of religiously mandated objects 
    to the front-door area of a condominium unit.



        (i) To keep detailed, accurate records of the receipts 
    and
expenditures affecting the use and operation of the 
    property.


        (j) To have access to each unit from time to time as 
    may be necessary
for the maintenance, repair or replacement 
    of any common elements or for
making emergency repairs 
    necessary to prevent damage to the common elements
or to 
    other units.


        (k) To pay real property taxes, special assessments, 
    and any other
special taxes or charges of the State of 
    Illinois or of any political
subdivision thereof, or other 
    lawful taxing or assessing body, which are
authorized by 
    law to be assessed and levied upon the real property of the

    condominium.


        (l) To impose charges for late payment of a unit 
    owner's proportionate
share of the common expenses, or any 
    other expenses lawfully agreed upon,
and after notice and 
    an opportunity to be heard, to levy reasonable fines
for 
    violation of the declaration, by-laws, and rules and 
    regulations of
the association.


        (m) By Unless the condominium instruments expressly 
    provide to the
contrary, by a majority vote of the entire 
    board of managers, to assign the
right of the association 
    to future income from common expenses or other
sources, and 
    to mortgage or pledge substantially all of the remaining

    assets of the association.


        (n) To record the dedication of a portion of the common 
    elements
to a public body for use as, or in connection 
    with, a street or utility
where authorized by the unit 
    owners under the provisions of Section 14.2.


        (o) To record the granting of an easement for the 
    laying of cable
television or high speed Internet cable 
    where authorized by the unit owners under the provisions
of 
    Section 14.3; to obtain, if available and determined by the 
    board to be in
the best interests of the association, cable 
    television
or bulk high speed Internet service for all of 
    the units of the condominium on a bulk
identical service 
    and equal cost per unit basis; and to assess and recover 
    the
expense as a common expense and, if so determined by 
    the board, to assess each
and every unit on the same equal 
    cost per unit basis.


        (p) To seek relief on behalf of all unit owners when 
    authorized
pursuant to subsection (c) of Section 10 from or 
    in connection with the
assessment or levying of real 
    property taxes, special assessments, and any
other special 
    taxes or charges of the State of Illinois or of any 
    political
subdivision thereof or of any lawful taxing or 
    assessing body.


        (q) To reasonably accommodate the needs of a unit owner 
    who is a person with a disability
as required by the 
    federal Civil Rights Act of 1968, the Human Rights Act
and 
    any applicable local ordinances in the exercise of its 
    powers with
respect to the use of common elements or 
    approval of modifications in an
individual unit.

        (r) To accept service of a notice of claim for purposes 
    of the Mechanics Lien Act on behalf of each respective 
    member of the Unit Owners' Association with respect to 
    improvements performed pursuant to any contract entered 
    into by the Board of Managers or any contract entered into 
    prior to the recording of the condominium declaration 
    pursuant to this Act, for a property containing more than 8 
    units, and to distribute the notice to the unit owners 
    within 7 days of the acceptance of the service by the Board 
    of Managers. The service shall be effective as if each 
    individual unit owner had been served individually with 
    notice.

        (s) To adopt and amend rules and regulations (l) 
    authorizing electronic delivery of notices and other 
    communications required or contemplated by this Act to each 
    unit owner who provides the association with written  
    authorization for   electronic    delivery    and    an    electronic    
    address    to    which    such communications are to be 
    electronically transmitted; and (2) authorizing each unit 
    owner to designate an electronic address or a U.S. Postal 
    Service address, or both, as the unit owner's address on 
    any list of members or unit owners which an association is 
    required to provide upon request pursuant to any provision 
    of this Act or any condominium instrument. 
    In the performance of their duties, the officers and 
members of the board,
whether appointed by the developer or 
elected by the unit owners, shall
exercise the care required of 
a fiduciary of the unit owners.

    The collection of assessments from unit owners by an 
association, board
of managers or their duly authorized agents 
shall not be considered acts
constituting a collection agency 
for purposes of the Collection Agency Act.

    The provisions of this Section are
applicable to all 
condominium instruments recorded under this Act.  Any
portion of 
a condominium instrument which contains provisions contrary to

these provisions shall be void as against public policy and 
ineffective.
Any such instrument that fails to contain the 
provisions required by this
Section shall be deemed to 
incorporate such provisions by operation of law.

(Source: P.A. 98-735, eff. 1-1-15; 99-143, eff. 7-27-15.)