Judiciary I - Civil Law Committee
Filed: 4/21/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3180 




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    AMENDMENT NO. ______. Amend Senate Bill 3180, on page 2,


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lines 17 and 18, by deleting ", reserved for the exclusive use 
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of particular units, including limited common areas"; and




 
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on page 2, line 25, after "areas", by inserting "described in a 
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declaration which is administered by an association"; and
 
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on page 3, line 1, by replacing "or single-family home." with 
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the following:


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"single-family home, or master association."; and
 
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on page 3, by replacing lines 2 through 4 with the following:


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""Common interest community" does not include a condominium 
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submitted to the provisions of the Condominium Property Act or 
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a cooperative."; and



 
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on page 3, line 22, after "association", by adding "by a 
 


 






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majority of the unit owners other than the developer"; and



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



 
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on page 4, by deleting line 1; and



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


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    ""Master association" means a common interest community 
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association that exercises its powers on behalf of one or more 
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condominium or other common interest community associations or 
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for the benefit of unit owners in such associations."; and 
 
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on     page 4, line 24, by replacing "land," with "land"; and
 
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on page 6, lines 7 through 9, by deleting the following: "that 
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have not been submitted to the provisions of the Condominium 
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Property Act"; and



 
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on page 6, by replacing lines 14 through 23 with the following:
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    "(a) Except to the extent otherwise provided by the 
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declaration or other community instruments, the terms defined 
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in Section 1-5 of this Act shall be deemed to have the meaning 
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specified therein unless the context otherwise requires."; and
 
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on page 7, by replacing lines 2 though 4, with the following:


 


 






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    "(c) In the event of a"; and


 
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on page 7, line 8, by deleting "initial"; and
 
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on page 9, line 24, after "costs", by inserting "from the 
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association"; and



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



 
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on page 12, by replacing lines 19 and 20 with the following: 
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"association.  The association shall have a statutory lien for 
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unpaid fines."; and
 
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on page 14, line 1, by replacing "board," with "board"; and
 
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on page 14, line 4, by replacing "Ballots" with "With a written 
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statement of a proper purpose, ballots"; and



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



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



 
 


 






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on page 15, by deleting lines 10 through 21; and 
 
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on page 15, line 22, by replacing "(b)" with "(a)"; and



 
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on page 16, line 8, by replacing "(c)" with "(b)"; and
 
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on page 16, by replacing lines 11 and 12 with the following:


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

 
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on page 16, line 13, by replacing "(e)" with "(d)"; and
 
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on page 18, line 16, by replacing "shall ensure that unit 
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owners receive notice" with the following:


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"shall give unit owners notice"; and


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



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




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    "(h) The board of the common interest community association 
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shall have the authority to establish and maintain a system of 
 


 






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master metering of public utility services and to collect 
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payments in connection therewith, subject to the requirements 
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of the Tenant Utility Payment Disclosure Act."; and


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


 
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on page 24, line 15, by replacing "10 day" with "10-day"; and
 
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on page 25, line 1, by replacing "2 year" with "2-year"; and


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


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


 
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on page 26, by replacing lines 15 through 18 with the 
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following:
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"purpose, unless the Act or the declaration of the association 
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specifically provides for greater percentages or different 
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procedures.".
 
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on page 27, line 16, by replacing "subsection" with 
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"subsections (a) or"; and



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



 
 


 






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on page 28, by replacing lines 11 through 19 with the 
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following:


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"maintain a separate account for each association, unless by 
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contract the board of managers of the association authorizes a 
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management company to maintain association reserves in a single 
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account with other associations for investment purposes.  With 
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consent of the board of managers of the association, the 
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management"; and



 
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on page 30, immediately below line 25, by inserting the 
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following:
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    "Section 1-75.  Exemption for small common interest 
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communities.  In lieu of the formal meeting requirements of 
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Section 1-40, the board of directors of an association for a 
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small common interest community shall provide notice of 
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meetings to unit owners by the best means available that will 
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reasonably assure delivery of such notices.  A small common 
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interest community is exempt from the requirements of 
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subsection (a) of  Section 1-30, subsections (a) and (b) of 
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Section 1-40,  and Section 1-55.  For purposes of this Section, 
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"small common interest community" means a community of 10 units 
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or less or a community which has an association that has an 
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annual budget with less than $100,000 of operating funds."; and
 
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on page 34, by replacing lines 11 through 13 with the 
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following:


 


 






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

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



 
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by deleting pages 35 through 53.