093_SB1352sam001 LRB093 04114 LCB 12276 a 1 AMENDMENT TO SENATE BILL 1352 2 AMENDMENT NO. . Amend Senate Bill 1352 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Condominium Property Act is amended by 5 changing Sections 2 and 3 as follows: 6 (765 ILCS 605/2) (from Ch. 30, par. 302) 7 Sec. 2. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Declaration" means the instrument by which the 10 property is submitted to the provisions of this Act, as 11 hereinafter provided, and such declaration as from time to 12 time amended. 13 (b) "Parcel" means the lot or lots, tract or tracts of 14 land, described in the declaration, submitted to the 15 provisions of this Act. 16 (c) "Property" means all the land, property and space 17 comprising the parcel, all improvements and structures 18 erected, constructed or contained therein or thereon, 19 including the building and all easements, rights and 20 appurtenances belonging thereto, and all fixtures and 21 equipment intended for the mutual use, benefit or enjoyment 22 of the unit owners, submitted to the provisions of this Act. -2- LRB093 04114 LCB 12276 a 1 (d) "Unit" means a part of the property designed and 2 intended for any type of independent use. 3 (e) "Common Elements" means all portions of the property 4 except the units, including limited common elements unless 5 otherwise specified. 6 (f) "Person" means a natural individual, corporation, 7 partnership, trustee or other legal entity capable of holding 8 title to real property. 9 (g) "Unit Owner" means the person or persons whose 10 estates or interests, individually or collectively, aggregate 11 fee simple absolute ownership of a unit, or, in the case of a 12 leasehold condominium, the lessee or lessees of a unit whose 13 leasehold ownership of the unit expires simultaneously with 14 the lease described in item (x) of this Section. 15 (h) "Majority" or "majority of the unit owners" means 16 the owners of more than 50% in the aggregate in interest of 17 the undivided ownership of the common elements. Any 18 specified percentage of the unit owners means such percentage 19 in the aggregate in interest of such undivided ownership. 20 "Majority" or "majority of the members of the board of 21 managers" means more than 50% of the total number of persons 22 constituting such board pursuant to the bylaws. Any 23 specified percentage of the members of the board of managers 24 means that percentage of the total number of persons 25 constituting such board pursuant to the bylaws. 26 (i) "Plat" means a plat or plats of survey of the parcel 27 and of all units in the property submitted to the provisions 28 of this Act, which may consist of a three-dimensional 29 horizontal and vertical delineation of all such units. 30 (j) "Record" means to record in the office of the 31 recorder or, whenever required, to file in the office of the 32 Registrar of Titles of the county wherein the property is 33 located. 34 (k) "Conversion Condominium" means a property which -3- LRB093 04114 LCB 12276 a 1 contains structures, excepting those newly constructed and 2 intended for condominium ownership, which are, or have 3 previously been, wholly or partially occupied before 4 recording of condominium instruments by persons other than 5 those who have contracted for the purchase of condominiums. 6 (l) "Condominium Instruments" means all documents and 7 authorized amendments thereto recorded pursuant to the 8 provisions of the Act, including the declaration, bylaws and 9 plat. 10 (m) "Common Expenses" means the proposed or actual 11 expenses affecting the property, including reserves, if any, 12 lawfully assessed by the Board of Managers of the Unit 13 Owner's Association. 14 (n) "Reserves" means those sums paid by unit owners 15 which are separately maintained by the board of managers for 16 purposes specified by the board of managers or the 17 condominium instruments. 18 (o) "Unit Owners' Association" or "Association" means 19 the association of all the unit owners, acting pursuant to 20 bylaws through its duly elected board of managers. 21 (p) "Purchaser" means any person or persons other than 22 the Developer who purchase a unit in a bona fide transaction 23 for value. 24 (q) "Developer" means any person who submits property 25 legally or equitably owned in fee simple by the developer, or 26 leased to the developer under a lease described in item (x) 27 of this Section, to the provisions of this Act, or any person 28 who offers units legally or equitably owned in fee simple by 29 the developer, or leased to the developer under a lease 30 described in item (x) of this Section, for sale in the 31 ordinary course of such person's business, including any 32 successor or successors to such developers' entire interest 33 in the property other than the purchaser of an individual 34 unit. -4- LRB093 04114 LCB 12276 a 1 (r) "Add-on Condominium" means a property to which 2 additional property may be added in accordance with 3 condominium instruments and this Act. 4 (s) "Limited Common Elements" means a portion of the 5 common elements so designated in the declaration as being 6 reserved for the use of a certain unit or units to the 7 exclusion of other units, including but not limited to 8 balconies, terraces, patios and parking spaces or facilities. 9 (t) "Building" means all structures, attached or 10 unattached, containing one or more units. 11 (u) "Master Association" means an organization described 12 in Section 18.5 whether or not it is also an association 13 described in Section 18.3. 14 (v) "Developer Control" means such control at a time 15 prior to the election of the Board of Managers provided for 16 in Section 18.2(b) of this Act. 17 (w) "Meeting of Board of Managers or Board of Master 18 Association" means any gathering of a quorum of the members 19 of the Board of Managers or Board of the Master Association 20 held for the purpose of conducting board business. 21 (x) "Leasehold Condominium" means a property submitted 22 to the provisions of this Act which is subject to a lease, 23 the expiration or termination of which would terminate the 24 condominium and the lessor of which is (i) exempt from 25 taxation under Section 501(c)(3) of the Internal Revenue Code 26 of 1986, as amended, (ii) a limited liability company whose 27 sole member is exempt from taxation under Section 501 (c)(3) 28 of the Internal Revenue Code of 1986, as amended, or (iii) a 29 Public Housing Authority created pursuant to the Housing 30 Authorities Act that is located in a municipality having a 31 population in excess of 1,000,000 inhabitants. 32 (Source: P.A. 88-417; 88-626, eff. 9-9-94; 89-89, eff. 33 6-30-95.) -5- LRB093 04114 LCB 12276 a 1 (765 ILCS 605/3) (from Ch. 30, par. 303) 2 Sec. 3. Submission of property. Whenever the owner or 3 owners in fee simple, or the sole lessee or all lessees of a 4 lease described in item (x) of Section 2, of a parcel intend 5 to submit such property to the provisions of this Act, they 6 shall do so by recording a declaration, duly executed and 7 acknowledged, expressly stating such intent and setting forth 8 the particulars enumerated in Section 4. If the condominium 9 is a leasehold condominium, then every lessor of the lease 10 creating a leasehold interest as described in item (x) of 11 Section 2 shall also execute the declaration and such lease 12 shall be recorded prior to the recording of the declaration. 13 The execution of a declaration required under this 14 Section by the lessor under a lease as described in item (x) 15 of Section 2 does not make the lessor a developer for 16 purposes of this Act. 17 (Source: P.A. 89-89, eff. 6-30-95.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.".