SB0114sam001 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 4/9/2021

10200SB0114sam001 LRB102 04158 LNS 24987 a

AMENDMENT TO SENATE BILL 114

AMENDMENT NO. ______. Amend Senate Bill 114 by replacing everything after the enacting clause with the following:

"Section 5. The Condominium Property Act is amended by changing Section 15 as follows:

(765 ILCS 605/15) (from Ch. 30, par. 315)

Sec. 15. Sale of property.

(a) Unless a greater percentage is provided for in the declaration or bylaws, and notwithstanding the provisions of Sections 13 and 14 hereof, not less than 85% of unit owners of a condominium property a majority of the unit owners where the property contains 2 units, or not less than 66 2/3% where the property contains three units, and not less than 75% where the property contains 4 or more units may, by affirmative vote at a meeting of unit owners duly called for such purpose, elect to sell the property. No person shall have more than: (1) 20% of the vote if the property contains 5 to 19 units; (2) 10% of the vote if the property contains 20 to 39 units; or (3) 10% of the vote if the property contains 40 or more units. The unit owners shall vote on the actual contract for the sale of the property. Such action shall be binding upon all unit owners, and it shall thereupon become the duty of every unit owner to execute and deliver such instruments and to perform all acts as in manner and form may be necessary to effect such sale, provided, however, that any unit owner who did not vote in favor of such action and who has filed written objection thereto with the manager or board of managers within 20 days after the date of the meeting at which such sale was approved shall be entitled to receive from the proceeds of such sale an amount equivalent to the greater of: (i) the value of his or her interest, as determined by a fair appraisal, less the amount of any unpaid assessments or charges due and owing from such unit owner or (ii) the outstanding balance of any bona fide debt secured by the objecting unit owner's interest which was incurred by such unit owner in connection with the acquisition or refinance of the unit owner's interest, less the amount of any unpaid assessments or charges due and owing from such unit owner. The objecting unit owner is also entitled to receive from the proceeds of a sale under this Section reimbursement for reasonable relocation costs, determined in the same manner as under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended from time to time, and as implemented by regulations promulgated under that Act.

If the property contains 7 or more units, the Board may reject a letter of intent from a buyer or investor, but may not engage in any action to investigate an offer or list the property unless 75% of the unit owners, based on the percentage of unit ownership, vote affirmatively to investigate an offer or list the property.

(b) If there is a disagreement as to the value of the interest of a unit owner who did not vote in favor of the sale of the property, that unit owner shall have a right to designate an expert in appraisal or property valuation to represent him, in which case, the prospective purchaser of the property shall designate an expert in appraisal or property valuation to represent him, and both of these experts shall mutually designate a third expert in appraisal or property valuation. The 3 experts shall constitute a panel to determine by vote of at least 2 of the members of the panel, the value of that unit owner's interest in the property. The changes made by Public Act 100-292 this amendatory Act of the 100th General Assembly apply to sales under this Section that are pending or commenced on and after January 1, 2018 (the effective date of Public Act 100-292) this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-292, eff. 1-1-18.)

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