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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2861 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
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Amends the Common Interest Community Association Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. Provides that a common interest community association may not prohibit the use of a residential dwelling as a day care home unless a community instrument specifically prohibits that use. Provides that a condominium, timeshare, or cooperative is exempt from the provision.
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| | A BILL FOR |
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| | HB2861 | | LRB098 08511 HEP 38622 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Common Interest Community Association Act is |
| 5 | | amended by adding Section 1-37 as follows:
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| 6 | | (765 ILCS 160/1-37 new) |
| 7 | | Sec. 1-37. Community instruments; day care homes. |
| 8 | | (a) The operation of a licensed day care home, as defined |
| 9 | | in the Child Care Act of 1969, in a residential dwelling, is |
| 10 | | incidental to the primary residential use of the dwelling and |
| 11 | | constitutes a valid residential use for the purpose of any |
| 12 | | community instrument. A community instrument may not be |
| 13 | | interpreted so that the operation of a family day care home is |
| 14 | | considered a business, commercial activity, or trade. |
| 15 | | (b) An association may not prohibit the use of a |
| 16 | | residential dwelling as a day care home unless a community |
| 17 | | instrument specifically prohibits that use in the community. |
| 18 | | (c) A condominium, timeshare, or cooperative is exempt from |
| 19 | | this Section.
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