Sen. Jennifer Bertino-Tarrant
Filed: 4/4/2017
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| 1 | AMENDMENT TO SENATE BILL 928
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 928 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Common Interest Community Association Act | ||||||
| 5 | is amended 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, | ||||||
| 9 | other community instruments, and rules and regulations that | ||||||
| 10 | relate to the use of an individual unit or the common areas | ||||||
| 11 | shall be applicable to any person leasing a unit and shall be | ||||||
| 12 | deemed to be incorporated in any lease executed or renewed on | ||||||
| 13 | or after the effective date of this Act. Unless otherwise | ||||||
| 14 | provided in the community instruments, with regard to any lease | ||||||
| 15 | entered into subsequent to the effective date of this Act, the | ||||||
| 16 | unit owner leasing the unit shall deliver a copy of the signed | ||||||
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| 1 | lease to the association or if the lease is oral, a memorandum | ||||||
| 2 | of the lease, not later than the date of occupancy or 10 days | ||||||
| 3 | after the lease is signed, whichever occurs first. | ||||||
| 4 | (b) If there are multiple owners of a single unit, only one | ||||||
| 5 | of the multiple owners shall be eligible to serve as a member | ||||||
| 6 | of the board at any one time, unless the unit owner owns | ||||||
| 7 | another unit independently. | ||||||
| 8 | (c) Two-thirds of the membership may remove a board member | ||||||
| 9 | as a director at a duly called special meeting. | ||||||
| 10 | (d) In the event of any resale of a unit in a common | ||||||
| 11 | interest community association by a member or unit owner other | ||||||
| 12 | than the developer, the board shall make available for | ||||||
| 13 | inspection to the prospective purchaser, upon demand, the | ||||||
| 14 | following:
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| 15 | (1) A copy of the declaration, other instruments, and | ||||||
| 16 | any rules and regulations, and any adopted common expense | ||||||
| 17 | collection policies.
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| 18 | (2) A statement of any liens, including a statement of | ||||||
| 19 | the account of the unit setting forth the amounts of unpaid | ||||||
| 20 | assessments and other charges due and owing.
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| 21 | (3) A statement of any capital expenditures | ||||||
| 22 | anticipated by the association within the current or | ||||||
| 23 | succeeding 2 fiscal years.
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| 24 | (4) A statement of the status and amount of any reserve | ||||||
| 25 | or replacement fund and any other fund specifically | ||||||
| 26 | designated for association projects.
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| 1 | (5) A copy of the statement of financial condition of | ||||||
| 2 | the association for the last fiscal year for which such a | ||||||
| 3 | statement is available.
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| 4 | (6) A statement of the status of any pending suits or | ||||||
| 5 | judgments in which the association is a party.
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| 6 | (7) A statement setting forth what insurance coverage | ||||||
| 7 | is provided for all members or unit owners by the | ||||||
| 8 | association for common properties. | ||||||
| 9 | (8) A statement setting forth the current assessment | ||||||
| 10 | obligations, including any special assessments or other | ||||||
| 11 | common expenses. | ||||||
| 12 | (9) A statement setting forth the current late fees or | ||||||
| 13 | interest that may be charged on an unpaid balance, if any.
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| 14 | The principal officer of the board, or such other officer | ||||||
| 15 | as is specifically designated, or agent for the association | ||||||
| 16 | shall disclose furnish the above information within 30 days | ||||||
| 17 | after receiving a written request for such information. | ||||||
| 18 | A reasonable fee covering the direct out-of-pocket cost of | ||||||
| 19 | copying and providing such information may be charged by the | ||||||
| 20 | association or the board to the unit seller for providing the | ||||||
| 21 | information.
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| 22 | (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; | ||||||
| 23 | 98-842, eff. 1-1-15.)".
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