98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3057
 
Introduced 2/7/2014, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 

 
765 ILCS 160/1-35

     Amends the Common Interest Community Association  Act. Provides that provisions requiring a unit owner leasing a unit to deliver a copy of a lease to the association apply only to leases that are greater than 30 days.
  


LRB098 19478 HEP 54650 b

 
 
A BILL FOR
 

  
SB3057LRB098 19478 HEP 54650 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Common Interest Community Association  Act is 
5amended  by changing Section 1-35 as follows:
 
6    (765 ILCS 160/1-35)

7    Sec. 1-35. Member powers,  duties, and obligations. 
8    (a)  The provisions of this Act, the declaration, bylaws, 
9other community instruments, and rules and regulations that 
10relate to the use of an individual unit or the common areas 
11shall be applicable to any person leasing a unit and shall be 
12deemed to be incorporated in any lease executed or renewed on 
13or after the effective date of this Act. With regard to any 
14lease entered into subsequent to the effective date of this Act 
15that is greater than 30 days, the unit owner leasing the unit 
16shall deliver a copy of the signed lease to the association or 
17if the lease is oral, a memorandum of the lease, not later than 
18the date of occupancy or 10 days after the lease is signed, 
19whichever occurs first. 
20    (b)  If there are multiple owners of a single unit, only one 
21of the multiple owners shall be eligible to serve as a member 
22of the board at any one time, unless the unit owner owns 
23another unit independently. 
 
 
SB3057- 2 -LRB098 19478 HEP 54650 b

1    (c)  Two-thirds of the membership may remove a board member 
2as a director at a duly called special meeting.
3    (d) In the event of any resale of a unit in a common 
4interest community association by a member or unit owner other 
5than the developer, the board shall make available for 
6inspection to the prospective purchaser, upon demand, the 
7following:




8        (1) A copy of the declaration, other instruments, and 
9    any rules and regulations.




10        (2) A statement of any liens, including a statement of 
11    the account of the unit setting forth the amounts of unpaid 
12    assessments and other charges due and owing.




13        (3) A statement of any capital expenditures 
14    anticipated by the association within the current or 
15    succeeding 2 fiscal years.




16        (4) A statement of the status and amount of any reserve 
17    or replacement fund and any other fund specifically 
18    designated for association projects.




19        (5) A copy of the statement of financial condition of 
20    the association for the last fiscal year for which such a 
21    statement is available.




22        (6) A statement of the status of any pending suits or 
23    judgments in which the association is a party.




24        (7) A statement setting forth what insurance coverage 
25    is provided for all members or unit owners by the 
26    association for common properties.




 
 
SB3057- 3 -LRB098 19478 HEP 54650 b

1    The principal officer of the board or such other officer as 
2is specifically designated shall furnish the above information 
3within 30 days after receiving a written request for such 
4information.
5    A reasonable fee covering the direct out-of-pocket cost of 
6copying and providing such information may be charged by the 
7association or the board to the unit seller for providing the 
8information.

9(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; 
1097-1090, eff. 8-24-12.)