99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2645

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 605/2  from Ch. 30, par. 302

    Amends the Condominium Property Act. Provides that the term "meeting of board of managers or board of master association" does not include any mere discussion, conference, or working session at which no formal vote is taken.


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A BILL FOR

 

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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 Condominium Property Act is amended by
5changing Section 2 as follows:
 
6    (765 ILCS 605/2)  (from Ch. 30, par. 302)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Declaration" means the instrument by which the
10property is submitted to the provisions of this Act, as
11hereinafter provided, and such declaration as from time to time
12amended.
13    (b) "Parcel" means the lot or lots, tract or tracts of
14land, described in the declaration, submitted to the provisions
15of this Act.
16    (c) "Property" means all the land, property and space
17comprising the parcel, all improvements and structures
18erected, constructed or contained therein or thereon,
19including the building and all easements, rights and
20appurtenances belonging thereto, and all fixtures and
21equipment intended for the mutual use, benefit or enjoyment of
22the unit owners, submitted to the provisions of this Act.
23    (d) "Unit" means a part of the property designed and

 

 

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1intended for any type of independent use.
2    (e) "Common Elements" means all portions of the property
3except the units, including limited common elements unless
4otherwise specified.
5    (f) "Person" means a natural individual, corporation,
6partnership, trustee or other legal entity capable of holding
7title to real property.
8    (g) "Unit Owner" means the person or persons whose estates
9or interests, individually or collectively, aggregate fee
10simple absolute ownership of a unit, or, in the case of a
11leasehold condominium, the lessee or lessees of a unit whose
12leasehold ownership of the unit expires simultaneously with the
13lease described in item (x) of this Section.
14    (h) "Majority" or "majority of the unit owners" means the
15owners of more than 50% in the aggregate in interest of the
16undivided ownership of the common elements. Any specified
17percentage of the unit owners means such percentage in the
18aggregate in interest of such undivided ownership. "Majority"
19or "majority of the members of the board of managers" means
20more than 50% of the total number of persons constituting such
21board pursuant to the bylaws. Any specified percentage of the
22members of the board of managers means that percentage of the
23total number of persons constituting such board pursuant to the
24bylaws.
25    (i) "Plat" means a plat or plats of survey of the parcel
26and of all units in the property submitted to the provisions of

 

 

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1this Act, which may consist of a three-dimensional horizontal
2and vertical delineation of all such units.
3    (j) "Record" means to record in the office of the recorder
4or, whenever required, to file in the office of the Registrar
5of Titles of the county wherein the property is located.
6    (k) "Conversion Condominium" means a property which
7contains structures, excepting those newly constructed and
8intended for condominium ownership, which are, or have
9previously been, wholly or partially occupied before recording
10of condominium instruments by persons other than those who have
11contracted for the purchase of condominiums.
12    (l) "Condominium Instruments" means all documents and
13authorized amendments thereto recorded pursuant to the
14provisions of the Act, including the declaration, bylaws and
15plat.
16    (m) "Common Expenses" means the proposed or actual expenses
17affecting the property, including reserves, if any, lawfully
18assessed by the Board of Managers of the Unit Owner's
19Association.
20    (n) "Reserves" means those sums paid by unit owners which
21are separately maintained by the board of managers for purposes
22specified by the board of managers or the condominium
23instruments.
24    (o) "Unit Owners' Association" or "Association" means the
25association of all the unit owners, acting pursuant to bylaws
26through its duly elected board of managers.

 

 

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1    (p) "Purchaser" means any person or persons other than the
2Developer who purchase a unit in a bona fide transaction for
3value.
4    (q) "Developer" means any person who submits property
5legally or equitably owned in fee simple by the developer, or
6leased to the developer under a lease described in item (x) of
7this Section, to the provisions of this Act, or any person who
8offers units legally or equitably owned in fee simple by the
9developer, or leased to the developer under a lease described
10in item (x) of this Section, for sale in the ordinary course of
11such person's business, including any successor or successors
12to such developers' entire interest in the property other than
13the purchaser of an individual unit.
14    (r) "Add-on Condominium" means a property to which
15additional property may be added in accordance with condominium
16instruments and this Act.
17    (s) "Limited Common Elements" means a portion of the common
18elements so designated in the declaration as being reserved for
19the use of a certain unit or units to the exclusion of other
20units, including but not limited to balconies, terraces, patios
21and parking spaces or facilities.
22    (t) "Building" means all structures, attached or
23unattached, containing one or more units.
24    (u) "Master Association" means an organization described
25in Section 18.5 whether or not it is also an association
26described in Section 18.3.

 

 

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1    (v) "Developer Control" means such control at a time prior
2to the election of the Board of Managers provided for in
3Section 18.2(b) of this Act.
4    (w) "Meeting of Board of Managers or Board of Master
5Association" means any gathering of a quorum of the members of
6the Board of Managers or Board of the Master Association held
7for the purpose of conducting board business, but does not
8include any mere discussion, conference, or working session at
9which no formal vote is taken.
10    (x) "Leasehold Condominium" means a property submitted to
11the provisions of this Act which is subject to a lease, the
12expiration or termination of which would terminate the
13condominium and the lessor of which is (i) exempt from taxation
14under Section 501(c)(3) of the Internal Revenue Code of 1986,
15as amended, (ii) a limited liability company whose sole member
16is exempt from taxation under Section 501 (c)(3) of the
17Internal Revenue Code of 1986, as amended, or (iii) a Public
18Housing Authority created pursuant to the Housing Authorities
19Act that is located in a municipality having a population in
20excess of 1,000,000 inhabitants.
21    (y) "Electronic transmission" means any form of
22communication, not directly involving the physical
23transmission of paper, that creates a record that may be
24retained, retrieved, and reviewed by a recipient and that may
25be directly reproduced in paper form by the recipient through
26an automated process.

 

 

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1    (z) "Acceptable technological means" includes, without
2limitation, electronic transmission over the Internet or other
3network, whether by direct connection, intranet, telecopier,
4or electronic mail.
5(Source: P.A. 98-1042, eff. 1-1-15.)