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| | SB2892 Engrossed | | LRB098 12652 HEP 50601 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Condominium Property Act is amended by |
5 | | adding Section 18.8 as follows: |
6 | | (765 ILCS 605/18.8 new) |
7 | | Sec. 18.8. Common elements; rights of board. |
8 | | (a) Except as provided in subsection (b) of this Section, a |
9 | | provision in the condominium instruments is against public |
10 | | policy and unenforceable if it restricts the right of a board |
11 | | to represent the association in legal matters which affect the |
12 | | common elements or more than one unit by: |
13 | | (1) requiring consent of a percentage of unit owners; |
14 | | or |
15 | | (2) requiring arbitration; or |
16 | | (3) requiring mediation prior to the filing of an |
17 | | action in a court of competent jurisdiction; or |
18 | | (4) requiring any combination of items (1) through (3) |
19 | | of this subsection (a); or |
20 | | (5) restricting or delaying the board's ability to |
21 | | bring an action affecting the common elements or more than |
22 | | one condominium unit in a court of competent jurisdiction |
23 | | and to demand a trial by jury. |