Full Text of SB1915 94th General Assembly
SB1915eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning condominiums.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Condominium Property Act is amended by | 5 |
| changing Section 18 as
follows:
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| (765 ILCS 605/18) (from Ch. 30, par. 318)
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| Sec. 18. Contents of bylaws. The bylaws shall provide for | 8 |
| at least
the following:
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| (a) (1) The election from among the unit owners of a board | 10 |
| of managers,
the number of persons constituting such board, | 11 |
| and that the terms of at
least one-third of the members of | 12 |
| the board shall expire annually and that
all members of the | 13 |
| board shall be elected at large.
If there are multiple | 14 |
| owners of a single unit, only one of the multiple
owners | 15 |
| shall be eligible to serve as a member of the board at any | 16 |
| one time.
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| (2) the powers and duties of the board;
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| (3) the compensation, if any, of the members of the | 19 |
| board;
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| (4) the method of removal from office of members of the | 21 |
| board;
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| (5) that the board may engage the services of a manager | 23 |
| or managing agent;
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| (6) that each unit owner shall receive, at least 30 | 25 |
| days prior to the
adoption thereof by the board of | 26 |
| managers, a copy of the proposed annual
budget together | 27 |
| with an indication of which portions are intended for
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| reserves, capital expenditures or repairs or payment of | 29 |
| real estate taxes;
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| (7) that the board of managers shall annually supply to
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| all unit owners an itemized accounting of the common | 32 |
| expenses
for the preceding year actually incurred or paid, |
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| together
with an indication of which portions were for | 2 |
| reserves, capital
expenditures or repairs or payment of | 3 |
| real estate taxes and
with a tabulation of the amounts | 4 |
| collected pursuant to the
budget or assessment, and showing | 5 |
| the net excess or
deficit of income over expenditures plus | 6 |
| reserves;
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| (8) (i) that each unit owner shall receive notice, in | 8 |
| the same manner
as is provided in this Act for membership | 9 |
| meetings, of any meeting of the
board of managers | 10 |
| concerning the adoption of the proposed annual budget and
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| regular assessments pursuant thereto or to adopt a separate | 12 |
| (special)
assessment, (ii) that except as provided in | 13 |
| subsection (iv) below, if an
adopted
budget or any separate | 14 |
| assessment adopted by the board would result in the
sum of | 15 |
| all regular and separate assessments payable in the current | 16 |
| fiscal year
exceeding 115% of the sum of all regular and | 17 |
| separate
assessments payable during the
preceding fiscal | 18 |
| year, the
board of managers, upon written petition by unit | 19 |
| owners with 20 percent of
the votes of the association | 20 |
| delivered to the board within 14
days of the board action,
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| shall call a meeting of the unit owners within 30 days of | 22 |
| the date of
delivery of the petition to consider the budget | 23 |
| or separate
assessment; unless a
majority of
the total | 24 |
| votes of the unit owners are cast at the meeting to reject | 25 |
| the
budget or separate assessment,
it is ratified, (iii) | 26 |
| that any common expense not set forth in the budget or
any | 27 |
| increase in assessments over the amount adopted in the | 28 |
| budget shall be
separately assessed against all unit | 29 |
| owners, (iv) that separate assessments for
expenditures | 30 |
| relating to emergencies or mandated by law may be adopted | 31 |
| by the
board of managers without being subject to unit | 32 |
| owner approval or the
provisions of item (ii) above or item | 33 |
| (v) below. As used
herein, "emergency" means an immediate | 34 |
| danger to the structural integrity of
the
common elements | 35 |
| or to the life, health, safety or property of the unit | 36 |
| owners,
(v) that assessments
for additions and alterations |
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| to the common elements or to association-owned
property not | 2 |
| included in the adopted annual budget, shall be separately
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| assessed and are subject to approval of two-thirds of the | 4 |
| total votes of all
unit owners, (vi) that the board of | 5 |
| managers may adopt separate assessments
payable over more | 6 |
| than one fiscal year. With respect to multi-year | 7 |
| assessments
not governed by items (iv) and (v), the entire | 8 |
| amount of the multi-year
assessment shall be deemed | 9 |
| considered and authorized in the first fiscal year
in which | 10 |
| the assessment is approved;
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| (9) that meetings of the board of managers shall be | 12 |
| open to any unit
owner, except for the portion of any | 13 |
| meeting held (i) to discuss litigation
when an action | 14 |
| against or on behalf of the particular association has been
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| filed and is pending in a court or administrative tribunal,
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| or when the board of managers finds that such an action is | 17 |
| probable
or imminent, (ii) to consider information | 18 |
| regarding appointment, employment
or dismissal of an | 19 |
| employee, or (iii) to discuss violations of rules and
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| regulations of the association or a unit owner's unpaid | 21 |
| share of common
expenses; that any vote on these matters | 22 |
| shall be taken at a meeting or
portion thereof open to any | 23 |
| unit owner; that any unit owner may record the
proceedings | 24 |
| at meetings or portions thereof required to be open by this
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| Act by tape, film or other means; that the board may | 26 |
| prescribe reasonable
rules and regulations to govern the | 27 |
| right to make such recordings, that
notice of such meetings | 28 |
| shall be mailed or delivered at least 48 hours
prior | 29 |
| thereto, unless a written waiver of such notice is signed | 30 |
| by the
person or persons entitled to such notice pursuant | 31 |
| to the declaration,
bylaws, other condominium instrument, | 32 |
| or provision of law other than this
subsection before the | 33 |
| meeting is convened, and that copies of notices of
meetings | 34 |
| of the board of managers shall be posted in entranceways,
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| elevators, or other conspicuous places in the condominium | 36 |
| at least 48 hours
prior to the meeting of the board of |
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| managers except where there is no
common entranceway for 7 | 2 |
| or more units, the board of managers may designate
one or | 3 |
| more locations in the proximity of these units where the | 4 |
| notices of
meetings shall be posted;
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| (10) that the board shall meet at least 4 times | 6 |
| annually;
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| (11) that no member of the board or officer shall be | 8 |
| elected for a term
of more than 2 years, but that officers | 9 |
| and board members may succeed
themselves;
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| (12) the designation of an officer to mail and receive | 11 |
| all notices and
execute amendments to condominium | 12 |
| instruments as provided for in this Act
and in the | 13 |
| condominium instruments;
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| (13) the method of filling vacancies on the board
which | 15 |
| shall include authority for the remaining members of the | 16 |
| board to
fill the vacancy by two-thirds vote until the next | 17 |
| annual meeting of unit
owners or for a period terminating | 18 |
| no later than 30 days following the
filing of a petition | 19 |
| signed by unit owners holding 20% of the votes of the
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| association requesting a meeting of the unit owners to fill | 21 |
| the vacancy for
the balance of the term, and that a meeting | 22 |
| of the unit owners shall be
called for purposes of filling | 23 |
| a vacancy on the board no later than 30 days
following the | 24 |
| filing of a petition signed by unit owners holding 20% of | 25 |
| the
votes of the association requesting such a meeting, and | 26 |
| the method of filling
vacancies among the officers that | 27 |
| shall include the authority for the members
of the board to | 28 |
| fill the vacancy for the unexpired portion of the term;
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| (14) what percentage of the board of managers, if other | 30 |
| than a majority,
shall constitute a quorum;
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| (15) provisions concerning notice of board meetings to | 32 |
| members of the
board;
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| (16) the board of managers may not enter into a | 34 |
| contract with a
current board member
or with a corporation | 35 |
| or partnership in which a board
member or a member of the | 36 |
| board member's immediate family has 25% or
more interest, |
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| unless notice of intent to enter the
contract is given to | 2 |
| unit owners within 20 days after a decision is made
to | 3 |
| enter into the contract and the unit owners are
afforded an | 4 |
| opportunity by filing a petition, signed by 20% of the unit
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| owners, for an election to approve or disapprove the | 6 |
| contract;
such petition shall be filed within 20 days after | 7 |
| such notice and such
election shall be held within 30 days | 8 |
| after filing the petition; for purposes
of this subsection, | 9 |
| a board member's immediate family means the board member's
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| spouse, parents, and children;
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| (17) that the board of managers may disseminate
to unit | 12 |
| owners biographical and background information about | 13 |
| candidates for
election to the board if (i) reasonable | 14 |
| efforts to identify all candidates are
made and all | 15 |
| candidates are given an opportunity to include | 16 |
| biographical and
background information in the information | 17 |
| to be disseminated; and (ii) the
board does not express a | 18 |
| preference in favor of any candidate;
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| (18) any proxy distributed for board elections
by the | 20 |
| board of managers gives unit owners the
opportunity to | 21 |
| designate any person as the proxy holder, and gives the | 22 |
| unit
owner the opportunity to express a preference for any | 23 |
| of the known
candidates for the board or to write in a | 24 |
| name;
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| (19) that special meetings of the board of managers can | 26 |
| be called by
the president or 25% of the members of the | 27 |
| board; and
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| (20) that the board of managers may establish
and | 29 |
| maintain a system of master metering of public utility | 30 |
| services and
collect payments in connection therewith, | 31 |
| subject to the requirements of the
Tenant Utility Payment | 32 |
| Disclosure Act.
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| (b) (1) What percentage of the unit owners, if other than | 34 |
| 20%, shall
constitute a quorum provided that, for | 35 |
| condominiums with 20 or more units,
the percentage of unit | 36 |
| owners constituting a quorum shall be 20% unless the
unit |
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| owners holding a majority of the percentage interest in the
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| association provide for a higher percentage;
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| (2) that the association shall have one class of | 4 |
| membership;
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| (3) that the members shall hold an annual meeting, one | 6 |
| of the purposes
of which shall be to elect members of the | 7 |
| board of managers;
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| (4) the method of calling meetings of the unit owners;
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| (5) that special meetings of the members can be called | 10 |
| by the president,
board of managers, or by 20% of unit | 11 |
| owners;
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| (6) that written notice of any membership meeting shall | 13 |
| be mailed
or delivered giving members no less than 10 and | 14 |
| no more than 30 days
notice of the time, place and purpose | 15 |
| of such meeting;
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| (7) that voting shall be on a percentage basis, and | 17 |
| that the percentage
vote to which each unit is entitled is | 18 |
| the percentage interest of the
undivided ownership of the | 19 |
| common elements appurtenant thereto, provided
that the | 20 |
| bylaws may provide for approval by unit owners in | 21 |
| connection with
matters where the requisite approval on a | 22 |
| percentage basis is not specified
in this Act, on the basis | 23 |
| of one vote per unit;
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| (8) that, where there is more than one owner of a unit, | 25 |
| if only one
of the multiple owners is present at a meeting | 26 |
| of the association, he is
entitled to cast all the votes | 27 |
| allocated to that unit, if more than one of
the multiple | 28 |
| owners are present, the votes allocated to that unit may be
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| cast only in accordance with the agreement of a majority in | 30 |
| interest of the
multiple owners, unless the declaration | 31 |
| expressly provides otherwise, that
there is majority | 32 |
| agreement if any one of the multiple owners cast the
votes | 33 |
| allocated to that unit without protest being made promptly | 34 |
| to the
person presiding over the meeting by any of the | 35 |
| other owners of the unit;
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| (9)(A) that unless the Articles of Incorporation or the |
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| bylaws
otherwise
provide, and except as provided in | 2 |
| subparagraph (B) of this paragraph (9) in
connection with | 3 |
| board elections,
a unit owner may vote by proxy executed in | 4 |
| writing by the unit
owner or by his duly authorized | 5 |
| attorney in fact; that the proxy must bear the date of
| 6 |
| execution
and, unless the condominium instruments or the | 7 |
| written proxy itself provide
otherwise, is
invalid after 11 | 8 |
| months from the date of its execution;
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| (B) that if a rule adopted at least 120 days before a | 10 |
| board election
or the
declaration or bylaws provide for | 11 |
| balloting as set forth in this subsection,
unit
owners may | 12 |
| not vote by proxy in board elections, but may vote only (i) | 13 |
| by
submitting an association-issued ballot in person at the | 14 |
| election meeting or
(ii) by
submitting an | 15 |
| association-issued ballot to the association or its | 16 |
| designated
agent
by mail or other means of delivery | 17 |
| specified in the declaration, bylaws, or
rule; that
the | 18 |
| ballots shall be mailed or otherwise distributed to unit | 19 |
| owners not less
than 10
and not more than 30 days before | 20 |
| the election meeting, and the board shall give
unit owners | 21 |
| not less than 21 days' prior written notice of the deadline | 22 |
| for
inclusion of a candidate's name on the ballots; that | 23 |
| the deadline shall be no
more
than 7 days before the | 24 |
| ballots are mailed or otherwise distributed to unit
owners; | 25 |
| that
every such ballot must include the names of all | 26 |
| candidates who have given the
board or its authorized agent | 27 |
| timely written notice of their candidacy and must
give the | 28 |
| person casting the ballot the opportunity to cast votes for | 29 |
| candidates
whose names do not appear on the ballot; that a | 30 |
| ballot received by the
association
or
its designated agent | 31 |
| after the close of voting shall not be counted; that a
unit
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| owner
who submits a ballot by mail or other means of | 33 |
| delivery specified in the
declaration, bylaws, or rule may | 34 |
| request and cast a ballot in person at the
election
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| meeting, and thereby void any ballot previously submitted | 36 |
| by that unit owner;
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| (C) that if a written petition by unit owners with at | 2 |
| least 20% of the
votes of
the association is delivered to | 3 |
| the board within 14 days after the board's
approval
of a | 4 |
| rule adopted pursuant to subparagraph (B) of this paragraph | 5 |
| (9), the board
shall call a meeting of the unit owners | 6 |
| within 30 days after the date of
delivery of
the petition; | 7 |
| that unless a majority of the total votes of the unit | 8 |
| owners are
cast
at the
meeting to reject the rule, the rule | 9 |
| is ratified;
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| (10) that the association may, upon adoption of the | 11 |
| appropriate rules by
the board of managers, conduct | 12 |
| elections by secret ballot whereby the voting
ballot is | 13 |
| marked only with the percentage interest for the unit and | 14 |
| the vote
itself, provided that the board further adopt | 15 |
| rules to verify the status of the
unit owner issuing a | 16 |
| proxy or casting a ballot; and further, that a candidate
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| for election to the board of managers or such
candidate's | 18 |
| representative shall have the right to be present at the
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| counting of ballots at such election;
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| (11) that in the event of a resale of a condominium | 21 |
| unit the purchaser
of a unit from a seller other than the | 22 |
| developer pursuant to an installment
contract for purchase | 23 |
| shall during such times as he or she resides in the
unit be | 24 |
| counted toward a quorum for purposes of election of members | 25 |
| of the
board of managers at any meeting of the unit owners | 26 |
| called for purposes of
electing members of the board, shall | 27 |
| have the right to vote for the
election of members of the | 28 |
| board of managers and to be elected to and serve
on the | 29 |
| board of managers unless the seller expressly retains in | 30 |
| writing any
or all of such rights. In no event may the | 31 |
| seller and purchaser both be
counted toward a quorum, be | 32 |
| permitted to vote for a particular office or be
elected and | 33 |
| serve on the board. Satisfactory evidence of the | 34 |
| installment
contact shall be made available to the | 35 |
| association or its agents. For
purposes of this subsection, | 36 |
| "installment contact" shall have the same
meaning as set |
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| forth in Section 1 (e) of "An Act relating to installment
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| contracts to sell dwelling structures", approved August | 3 |
| 11, 1967, as amended;
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| (12) the method by which matters subject to the | 5 |
| approval of unit owners
set forth in this Act, or in the | 6 |
| condominium instruments, will be
submitted to the unit | 7 |
| owners at special membership meetings called for such
| 8 |
| purposes; and
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| (13) that matters subject to the affirmative vote of | 10 |
| not less than 2/3
of the votes of unit owners at a meeting | 11 |
| duly called for that purpose,
shall include, but not be | 12 |
| limited to:
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| (i) merger or consolidation of the association;
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| (ii) sale, lease, exchange, or other disposition | 15 |
| (excluding the mortgage
or pledge) of all, or | 16 |
| substantially all of the property and assets of the
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| association; and
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| (iii) the purchase or sale of land or of units on | 19 |
| behalf of all unit owners.
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| (c) Election of a president from among the board of | 21 |
| managers, who shall
preside over the meetings of the board of | 22 |
| managers and of the unit owners.
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| (d) Election of a secretary from among the board of | 24 |
| managers, who shall
keep the minutes of all meetings
of the | 25 |
| board of managers and of the unit owners and who shall, in | 26 |
| general,
perform all the duties incident to the office of | 27 |
| secretary.
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| (e) Election of a treasurer from among the board of | 29 |
| managers, who shall
keep the financial records and
books of | 30 |
| account.
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| (f) Maintenance, repair and replacement of the common | 32 |
| elements and
payments therefor, including the method of | 33 |
| approving payment vouchers.
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| (g) An association with 30 or more units shall obtain and | 35 |
| maintain
fidelity insurance covering persons who control or | 36 |
| disburse funds of the
association for the maximum amount of |
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| coverage available to protect funds
in the custody or control | 2 |
| of the association plus the association reserve
fund. All | 3 |
| management companies which are responsible for the funds held | 4 |
| or
administered by the association shall maintain and furnish | 5 |
| to the
association a fidelity bond for the maximum amount of | 6 |
| coverage available to
protect funds in the custody of the | 7 |
| management company at any time. The
association shall bear the | 8 |
| cost of the fidelity insurance and fidelity
bond, unless | 9 |
| otherwise provided by contract between the association and a
| 10 |
| management company. The association shall be the direct obligee | 11 |
| of any
such fidelity bond. A management company holding reserve | 12 |
| funds of an
association shall at all times maintain a separate | 13 |
| account for each
association, provided, however, that for | 14 |
| investment purposes, the Board of
Managers of an association | 15 |
| may authorize a management company to maintain
the | 16 |
| association's reserve funds in a single interest bearing | 17 |
| account with
similar funds of other associations. The | 18 |
| management company shall at all
times maintain records | 19 |
| identifying all moneys of each association in such
investment | 20 |
| account. The management company may hold all operating funds of
| 21 |
| associations which it manages in a single operating account but | 22 |
| shall at
all times maintain records identifying all moneys of | 23 |
| each association in
such operating account. Such operating and | 24 |
| reserve funds held by the
management company for the | 25 |
| association shall not be subject to attachment
by any creditor | 26 |
| of the management company.
| 27 |
| For the purpose of this subsection a management company | 28 |
| shall be
defined as a person, partnership, corporation, or | 29 |
| other legal entity
entitled to transact business on behalf of | 30 |
| others, acting on behalf of or
as an agent for a unit owner, | 31 |
| unit owners or association of unit owners for
the purpose of | 32 |
| carrying out the duties, responsibilities, and other
| 33 |
| obligations necessary for the day to day operation and | 34 |
| management of any
property subject to this Act. For purposes of | 35 |
| this subsection, the term
"fiduciary insurance coverage" shall | 36 |
| be defined as both a fidelity bond and
directors and officers |
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| liability coverage, the fidelity bond in the full
amount of | 2 |
| association funds and association reserves that will be in the
| 3 |
| custody of the association, and the directors and officers | 4 |
| liability
coverage at a level as shall be determined to be | 5 |
| reasonable by the board of
managers, if not otherwise | 6 |
| established by the declaration or by laws.
| 7 |
| Until one year after the effective date of this amendatory | 8 |
| Act of 1985,
if a condominium association has reserves plus | 9 |
| assessments in excess of
$250,000 and cannot reasonably obtain | 10 |
| 100% fidelity bond coverage for such
amount, then it must | 11 |
| obtain a fidelity bond coverage of $250,000.
| 12 |
| (h) Method of estimating the amount of the annual budget, | 13 |
| and the manner
of assessing and collecting from the unit owners | 14 |
| their respective shares of
such estimated expenses, and of any | 15 |
| other expenses lawfully agreed upon.
| 16 |
| (i) That upon 10 days notice to the manager or board of | 17 |
| managers and
payment of a reasonable fee, any unit owner shall | 18 |
| be furnished a statement
of his account setting forth the | 19 |
| amount of any unpaid assessments or other
charges due and owing | 20 |
| from such owner.
| 21 |
| (j) Designation and removal of personnel necessary for the | 22 |
| maintenance,
repair and replacement of the common elements.
| 23 |
| (k) Such restrictions on and requirements respecting the | 24 |
| use and
maintenance of the units and the use of the common | 25 |
| elements, not set forth
in the declaration, as are designed to | 26 |
| prevent unreasonable interference
with the use of their | 27 |
| respective units and of the common elements by the
several unit | 28 |
| owners.
| 29 |
| (l) Method of adopting and of amending administrative rules | 30 |
| and
regulations governing the operation and use of the common | 31 |
| elements.
| 32 |
| (m) The percentage of votes required to modify or amend the | 33 |
| bylaws, but
each one of the particulars set forth in this | 34 |
| section shall always be
embodied in the bylaws.
| 35 |
| (n) (i) The provisions of this Act, the declaration, | 36 |
| bylaws, other
condominium instruments, and rules and |
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| regulations that relate to the use
of the individual unit or | 2 |
| the common elements shall be applicable to
any person leasing a | 3 |
| unit and shall be deemed to be incorporated in any
lease | 4 |
| executed or renewed on or after the effective date of this | 5 |
| amendatory
Act of 1984. (ii) With regard to any lease entered | 6 |
| into subsequent to the
effective date of this amendatory Act of | 7 |
| 1989, the unit owner leasing the
unit shall deliver a copy of | 8 |
| the signed lease to the board or if the
lease is oral, a | 9 |
| memorandum of the lease, not later than the date of
occupancy | 10 |
| or 10 days after the lease is signed, whichever occurs first. | 11 |
| In
addition to any other remedies, by filing an action jointly | 12 |
| against the
tenant and the unit owner, an association may seek | 13 |
| to enjoin a tenant from
occupying a unit or seek to evict a | 14 |
| tenant under the provisions of Article
IX of the Code of Civil | 15 |
| Procedure for failure of the lessor-owner to
comply with the | 16 |
| leasing requirements prescribed by
this Section or by the | 17 |
| declaration, bylaws, and
rules and regulations. The board of | 18 |
| managers may proceed directly against a
tenant, at law or in | 19 |
| equity, or under the provisions of Article IX of the
Code of | 20 |
| Civil Procedure, for any other breach by tenant of any
| 21 |
| covenants, rules, regulations or bylaws.
| 22 |
| (o) The association shall have no authority to forbear the | 23 |
| payment
of assessments by any unit owner.
| 24 |
| (p) That when 30% or fewer of the units, by number,
possess | 25 |
| over 50% in the aggregate of the votes in the association,
any | 26 |
| percentage vote of members specified herein or in the | 27 |
| condominium
instruments shall require the specified percentage | 28 |
| by number of units
rather than by percentage of interest in the | 29 |
| common elements allocated
to units that would otherwise be | 30 |
| applicable.
| 31 |
| (q) That a unit owner may not assign, delegate, transfer, | 32 |
| surrender, or
avoid the duties, responsibilities, and | 33 |
| liabilities of a unit owner under this
Act, the condominium | 34 |
| instruments, or the rules and regulations of the
Association; | 35 |
| and that such an attempted assignment, delegation, transfer,
| 36 |
| surrender, or avoidance shall be deemed void.
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SB1915 Engrossed |
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LRB094 09024 LCB 39245 b |
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| 1 |
| The provisions of this Section are applicable to all | 2 |
| condominium
instruments recorded under this Act. Any portion of | 3 |
| a condominium
instrument which contains provisions contrary to | 4 |
| these provisions shall be
void as against public policy and | 5 |
| ineffective. Any such instrument which
fails to contain the | 6 |
| provisions required by this Section shall be deemed to
| 7 |
| incorporate such provisions by operation of law.
| 8 |
| The bylaws may also provide that late fees may be charged | 9 |
| for delinquent payment of condominium assessments. If late fees | 10 |
| are charged, they may not exceed the greater of $25 or 10% of | 11 |
| the amount due and may not be charged more than once for the | 12 |
| same late payment.
| 13 |
| (Source: P.A. 93-243, eff. 1-1-04.)
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