HB5513 EngrossedLRB097 19062 AJO 64301 b

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 Common Interest Community Association Act is
5amended by adding Section 1-37 as follows:
 
6    (765 ILCS 160/1-37 new)
7    Sec. 1-37. Community instruments; day care homes.
8    (a) The operation of a licensed day care home, as defined
9in the Child Care Act of 1969, in a residential dwelling, is
10incidental to the primary residential use of the dwelling and
11constitutes a valid residential use for the purpose of any
12community instrument. A community instrument may not be
13interpreted so that the operation of a family day care home is
14considered a business, commercial activity, or trade.
15    (b) An association may not prohibit the use of a
16residential dwelling as a day care home unless a community
17instrument specifically prohibits that use in the community.
18    (c) A condominium, timeshare, or cooperative is exempt from
19this Section.