Sen. Terry Link
Filed: 4/15/2016
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 391




2    AMENDMENT NO. ______. Amend Senate Bill 391 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 1. Short title. This Act may be cited as the 
5Enforcement of Covenants Act.
 
6    Section 5. Enforcement of covenants. An owner or tenant of 
7real property within 1,200 feet in any direction of property 
8described below that is subject to a covenant that restricts 
9the use of the property, or a homeowners association 
10representing the owner or tenant, may bring a legal action to 
11enforce any covenant described in a land management plan to 
12which the landowner is a party if:
13        (1)      the properties lie within a municipality in Lake 
14    County with a population between 25,000 and 28,000 on the 
15    effective date of this Act;
16        (2)      the municipality has approved a special use under 
 
 
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1    Section 11-13-1.1 of the Municipal Code, a variation under 
2    Section 11-13-5 of the Municipal Code, or an amendment to 
3    the zoning ordinances under Section 11-13-14 of the 
4    Municipal Code, affecting the subject land of the action 
5    that conflicts with the restrictions in the covenant; and
6        (3)      the municipality refuses to enforce the terms of 
7    the covenant.
 
8    Section 10. Municipality may be joined as defendant. A 
9municipality described in Section 5 of this Act may be joined 
10as a defendant in the action.
 
11    Section 15. Attorney's fees. The court shall award 
12reasonable attorney's fees to a plaintiff who prevails under 
13this Act.
 
14    Section 20. Applicability. This Act applies to actions 
15pending on the effective date of this Act.

 

16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".