Full Text of HB0058 102nd General Assembly
HB0058enr 102ND GENERAL ASSEMBLY |
| | HB0058 Enrolled | | LRB102 02671 AWJ 12674 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 3-5048 as follows: | 6 | | (55 ILCS 5/3-5048 new) | 7 | | Sec. 3-5048. Unlawful restrictive covenant modifications. | 8 | | (a) As used in this Section: | 9 | | "Declaration" has the meaning given to that term in | 10 | | Section 1-5 of the Common Interest Community Association Act | 11 | | or Section 2 of the Condominium Property Act, as applicable. | 12 | | "Unlawful restrictive covenant" means any recorded | 13 | | covenant or restriction that is void under Section 3-105 of | 14 | | the Illinois Human Rights Act which purports to forbid or | 15 | | restrict the conveyance, encumbrance, occupancy, or lease | 16 | | thereof on the basis of race, color, religion, or national | 17 | | origin. | 18 | | "Recorder" means the recorder of the county where the | 19 | | property subject to the unlawful restrictive covenant is | 20 | | located. | 21 | | (b) A person or entity may execute and file a restrictive | 22 | | covenant modification to an unlawful restrictive covenant in | 23 | | accordance with this Section if the person or entity: |
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| 1 | | (1) holds an ownership interest in property that is | 2 | | subject to the unlawful restrictive covenant; or | 3 | | (2) is a common interest community association, a | 4 | | condominium association, a unit owners' association, a
| 5 | | residential housing cooperative,
or a master association | 6 | | of a parcel of property subject to an unlawful restrictive | 7 | | covenant under the following conditions: | 8 | | (A) When a parcel of property subject to an | 9 | | unlawful
restrictive covenant is in a common interest | 10 | | community association, condominium association, unit | 11 | | owners' association, residential housing cooperative, | 12 | | or master association, only the board, acting through | 13 | | a majority vote, may execute and file a restrictive | 14 | | covenant modification under this Section. Removal of | 15 | | an unlawful restrictive covenant will not require | 16 | | approval of the owners or members of such association | 17 | | or cooperative, notwithstanding any provision of the | 18 | | governing documents to the contrary. As used in | 19 | | subparagraphs (A) through (D), "board" means the board | 20 | | of managers or directors or the managing trustees of | 21 | | any such association or cooperative. | 22 | | (B)
If the board receives a written request by an | 23 | | owner or member of the association or cooperative that | 24 | | the board exercise its authority to execute and file a | 25 | | restrictive covenant modification under this Section, | 26 | | the board shall, within 90 days, investigate any claim |
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| 1 | | of an unlawful restrictive covenant and, if determined | 2 | | to be an unlawful restrictive covenant, shall execute | 3 | | and file a restrictive covenant modification as | 4 | | provided under this Section. | 5 | | (C)
If a board fails or refuses to execute and file | 6 | | a restrictive covenant modification after it receives | 7 | | a written request by an owner or member as provided in | 8 | | subparagraph (B), the owner or member who made the | 9 | | written request may bring an action to compel the | 10 | | board to file a restrictive covenant modification. Any | 11 | | owner or member who prevails in such an action to | 12 | | compel shall be entitled to recover reasonable | 13 | | attorneys' fees and costs from the association or | 14 | | cooperative. | 15 | | (D)
The board shall give written notice to all | 16 | | owners or members of the association of the | 17 | | restrictive covenant modification along with a copy of | 18 | | such restrictive covenant modification within 21 days | 19 | | after receiving a recorded copy of the documents. | 20 | | (c) A restrictive covenant modification shall include: | 21 | | (1) a complete copy of the original instrument | 22 | | containing the unlawful restrictive covenant with the | 23 | | language of the unlawful restrictive covenant stricken; | 24 | | and | 25 | | (2) a petition to modify an unlawful restrictive | 26 | | covenant, as provided in subsection (d). |
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| 1 | | (d) A petition to modify an unlawful restrictive covenant | 2 | | shall: | 3 | | (1) be signed by the record owner of the property or, | 4 | | in the case of an entity under paragraph (2) of subsection | 5 | | (b), be accompanied by a certification that a majority of | 6 | | the governing body of the entity has agreed to the | 7 | | restrictive covenant modification; | 8 | | (2) reference the property index number or unique | 9 | | parcel identification code of the property for which the | 10 | | original instrument containing the unlawful restrictive | 11 | | covenant is recorded; and | 12 | | (3) include any other information that the recorder or | 13 | | State's Attorney considers
necessary in carrying out the | 14 | | requirements of this Section. | 15 | | (e) On receipt of a restrictive covenant modification, the | 16 | | recorder shall submit the restrictive covenant modification | 17 | | together with a copy of the original instrument referenced in | 18 | | the restrictive covenant modification to the State's Attorney. | 19 | | (f) Within 30 days of receipt from the recorder, the | 20 | | State's Attorney shall: | 21 | | (1) review the restrictive covenant modification and | 22 | | the copy of the original instrument to determine: (i) | 23 | | whether the original instrument contains an unlawful | 24 | | restrictive covenant; and (ii) whether the restrictive | 25 | | covenant modification correctly strikes through only the | 26 | | language of the unlawful restrictive covenant; and |
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| 1 | | (2) return the restrictive covenant modification and | 2 | | copy of the original instrument to the recorder together | 3 | | with the State's Attorney's written determination. | 4 | | (g) The recorder may not record a restrictive covenant | 5 | | modification filed under subsection (b) unless the State's | 6 | | Attorney determines that the modification is appropriate in | 7 | | accordance with subsection (f). If the State's Attorney's | 8 | | written determination finds that the instrument contains an | 9 | | unlawful restrictive covenant, the recorder shall record the | 10 | | restrictive covenant modification with the language stricken | 11 | | as directed by the State's Attorney. | 12 | | (h) A recorded restrictive covenant modification shall be | 13 | | indexed in the same manner as the original instrument. | 14 | | (i) Subject to all lawful covenants, conditions, and | 15 | | restrictions that were recorded after the recording of the | 16 | | original instrument, the restrictions contained in a duly | 17 | | recorded restrictive covenant modification are the only | 18 | | restrictions based on the original instrument that apply to | 19 | | the property. | 20 | | (j) The effective date of the terms and conditions | 21 | | contained in a duly recorded restrictive covenant modification | 22 | | shall be the same as the effective date of the original | 23 | | instrument. | 24 | | (k) If a person or entity causes to be filed or recorded a | 25 | | restrictive covenant modification that contains modifications | 26 | | not authorized under this Section: |
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| 1 | | (1) the recorder may not incur any liability for | 2 | | recording the restrictive covenant modification; | 3 | | (2) the county may not incur any liability as a result | 4 | | of a determination rendered by the State's Attorney under | 5 | | subsection (f); and | 6 | | (3) any costs, fees, or liability that results from | 7 | | the unauthorized filing or recording shall be the sole | 8 | | responsibility of the person or entity that executed the | 9 | | restrictive covenant modification. | 10 | | (l) The recorder may impose a fee for filing a restrictive | 11 | | covenant modification to an unlawful restrictive covenant | 12 | | pursuant to this Section in an amount not to exceed $10.
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