Bill Status of SB 2664   98th General Assembly

Short Description:  CONDO ASSESSMNT-NONPAYMNT-LIEN

Senate Sponsors
Sen. Michael E. Hastings-Pamela J. Althoff-Thomas Cullerton-Patricia Van Pelt

House Sponsors
(Rep. Sam Yingling-John M. Cabello-Emanuel Chris Welch-André M. Thapedi-Michael J. Zalewski, Silvana Tabares, Emily McAsey, David McSweeney, John D'Amico, Edward J. Acevedo and Rich Brauer)


Last Action  View All Actions

DateChamber Action
  11/24/2014SenateBill Dead - Amendatory Veto No Positive Action Taken

Statutes Amended In Order of Appearance
765 ILCS 605/9from Ch. 30, par. 309
765 ILCS 605/22.1from Ch. 30, par. 322.1

Synopsis As Introduced
Amends the Condominium Property Act. Provides that the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, or a purchaser of a condominium unit from a mortgagee who acquired title through a judicial foreclosure, a consent foreclosure, a common law strict foreclosure, or the delivery of a deed in lieu of foreclosure (instead of the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, who takes possession of a condominium unit pursuant to a court order or a purchaser who acquires title from a mortgagee) shall have the duty to pay to the association an amount not to exceed the total of the regular monthly assessments for the condominium unit for the 9-month period immediately preceding the relevant event. Provides that the amount due may include any attorney's fees and court costs, but may not exceed 9 months of regular assessments due over the same 9-month period. Deletes language providing that the purchaser shall have the duty to pay the proportionate share, if any, of the common expenses for the unit which would have become due in the absence of any assessment acceleration for the 6 months immediately preceding the institution of an action to enforce the collection of assessments, and which remain unpaid. Deletes language providing that if the outstanding assessments are paid at any time during an action to enforce the collection of assessments, the purchaser shall have no obligation to pay any assessments which accrued before he or she acquired title. Provides that the notice of a foreclosure sale of a condominium unit shall state that a purchaser, other than a mortgagee, shall pay to the association any unpaid monthly assessments for the 9-month period preceding the sale, including attorney's fees and court costs. Provides that each notice of a judicial sale a condominium unit and each disclosure statement issued to a prospective purchaser shall list the required fees. Provides that in certain situations, the Board of Managers (instead of the owner) of a condominium unit must make specified information available within 14 days of the request (instead of "upon demand") and may do so either electronically or in writing. Makes corresponding changes. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
765 ILCS 605/2from Ch. 30, par. 302

Replaces everything after the enacting clause with the provisions of the introduced bill, with changes. Defines "regular monthly assessments" as the amount charged by the association as provided for in the current annual budget. Provides that the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, or a purchaser of a condominium unit from a mortgagee who acquired title through a judicial foreclosure, a consent foreclosure, a common law strict foreclosure, or the delivery of a deed in lieu of foreclosure shall pay to the association an amount not to exceed the total of the regular monthly assessments for the condominium unit for the 9-month period immediately preceding the date of the judicial foreclosure sale, delivery of the deed in lieu of foreclosure, entry of a judgment in a common law strict foreclosure, or the taking of possession pursuant to a court order under the Illinois Mortgage Foreclosure Law (instead of "any of these events"). Provides that the board of managers must make specified information available within 21 days (instead of 14 days) if the association is self-managed, and within 14 days if managed by a community association management firm or a community association manager as those terms are defined in the Community Association Manager Licensing and Disciplinary Act. Makes other changes. Effective immediately.

Governor Amendatory Veto Message
Recommends that following a consent foreclosure, common law strict foreclosure, or the delivery of a deed in lieu of foreclosure, the mortgagee shall have the duty to pay to the association all moneys due to satisfy the lien held by the association, except for the 9 months of unpaid regular monthly assessments and associated attorney's fees which may be collected from the purchaser. Recommends a corresponding change.

Actions 
DateChamber Action
  1/21/2014SenateFiled with Secretary by Sen. Michael E. Hastings
  1/21/2014SenateFirst Reading
  1/21/2014SenateReferred to Assignments
  1/29/2014SenateAssigned to Judiciary
  2/4/2014SenatePostponed - Judiciary
  2/19/2014SenatePostponed - Judiciary
  3/5/2014SenatePostponed - Judiciary
  3/20/2014SenatePostponed - Judiciary
  3/20/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  3/20/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/25/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/25/2014SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  3/25/2014SenateSenate Committee Amendment No. 1 Adopted
  3/26/2014SenateDo Pass as Amended Judiciary; 010-000-001
  3/26/2014SenatePlaced on Calendar Order of 2nd Reading March 27, 2014
  3/26/2014SenateAdded as Chief Co-Sponsor Sen. Thomas Cullerton
  3/27/2014SenateSecond Reading
  3/27/2014SenatePlaced on Calendar Order of 3rd Reading April 1, 2014
  4/8/2014SenateAdded as Chief Co-Sponsor Sen. Patricia Van Pelt
  4/8/2014SenateThird Reading - Passed; 055-001-000
  4/9/2014HouseArrived in House
  4/9/2014HouseChief House Sponsor Rep. Renée Kosel
  4/9/2014HouseAdded Alternate Chief Co-Sponsor Rep. Sam Yingling
  4/9/2014HouseFirst Reading
  4/9/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  4/30/2014HouseAlternate Chief Co-Sponsor Removed Rep. Sam Yingling
  4/30/2014HouseAlternate Chief Sponsor Changed to Rep. Sam Yingling
  5/2/2014HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Zalewski
  5/7/2014HouseDo Pass / Short Debate Judiciary; 013-002-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2014HouseAdded Alternate Chief Co-Sponsor Rep. John M. Cabello
  5/7/2014HouseAdded Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch
  5/8/2014HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/8/2014HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  5/8/2014HouseAdded Alternate Co-Sponsor Rep. Emily McAsey
  5/8/2014HouseAdded Alternate Chief Co-Sponsor Rep. André M. Thapedi
  5/8/2014HouseAlternate Chief Co-Sponsor Changed to Rep. André M. Thapedi
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. David McSweeney
  5/9/2014HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  5/13/2014HouseAlternate Co-Sponsor Removed Rep. Martin J. Moylan
  5/13/2014HouseSecond Reading - Short Debate
  5/13/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2014HouseAlternate Co-Sponsor Removed Rep. Natalie A. Manley
  5/20/2014HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  5/20/2014HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/21/2014HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  5/22/2014HouseThird Reading - Short Debate - Passed 064-047-005
  5/22/2014SenatePassed Both Houses
  6/20/2014SenateSent to the Governor
  8/19/2014SenateGovernor Amendatory Veto
  11/7/2014SenatePlaced on Calendar Amendatory Veto November 19, 2014
  11/19/2014SenateMotion Filed Override Amendatory Veto Sen. Michael E. Hastings
  11/24/2014SenateBill Dead - Amendatory Veto No Positive Action Taken

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