Full Text of HB5000 97th General Assembly
HB5000 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5000 Introduced 2/7/2012, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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765 ILCS 605/18.4 | from Ch. 30, par. 318.4 |
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Amends the Condominium Property Act. Provides that the powers and duties of the board of managers of an association shall
include inspecting the common elements for the presence of pests and, if necessary, controlling pests in the common elements.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Section 18.4 as follows:
| 6 | | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
| 7 | | Sec. 18.4. Powers and Duties of Board of Managers. The | 8 | | board of
managers shall exercise for the association all | 9 | | powers, duties and
authority vested in the association by law | 10 | | or the condominium instruments
except for such powers, duties | 11 | | and authority reserved by law to the members
of the | 12 | | association. The powers and duties of the board of managers | 13 | | shall
include, but shall not be limited to, the following:
| 14 | | (a) To provide for the operation, care, upkeep, | 15 | | maintenance,
replacement and improvement of the common | 16 | | elements. Nothing
in
this subsection (a) shall be deemed to | 17 | | invalidate any provision in a
condominium instrument | 18 | | placing limits on expenditures for the common elements, | 19 | | provided, that such
limits shall not be applicable to | 20 | | expenditures for repair, replacement, or
restoration of | 21 | | existing portions of the common elements. The
term "repair, | 22 | | replacement or restoration" means expenditures to | 23 | | deteriorated or
damaged portions of the property related to |
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| 1 | | the existing decorating,
facilities, or structural or | 2 | | mechanical components, interior or exterior
surfaces, or | 3 | | energy systems and equipment with the functional | 4 | | equivalent of the
original portions of such areas. | 5 | | Replacement of the common elements may
result in an | 6 | | improvement over the original quality of such elements or
| 7 | | facilities; provided that, unless the improvement is | 8 | | mandated by law or is an
emergency as defined in item (iv) | 9 | | of subparagraph (8) of paragraph (a) of
Section 18, if the | 10 | | improvement results in a proposed expenditure
exceeding 5% | 11 | | of the annual budget, the board of managers, upon written | 12 | | petition
by unit owners with 20% of the votes of the | 13 | | association delivered to the board
within 14 days of the | 14 | | board action to approve the expenditure, shall call a
| 15 | | meeting of the unit owners within 30 days of the date of | 16 | | delivery of the
petition to consider the expenditure. | 17 | | Unless a majority of the total votes of
the unit owners are | 18 | | cast at the meeting to reject the expenditure, it is
| 19 | | ratified.
| 20 | | (b) To prepare, adopt and distribute the annual budget | 21 | | for the property.
| 22 | | (c) To levy and expend assessments.
| 23 | | (d) To collect assessments from unit
owners.
| 24 | | (e) To provide for the employment and dismissal of the | 25 | | personnel
necessary or advisable for the maintenance and | 26 | | operation of the common
elements.
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| 1 | | (f) To obtain adequate and appropriate kinds of
| 2 | | insurance.
| 3 | | (g) To own, convey, encumber, lease, and otherwise deal | 4 | | with units
conveyed to or purchased by it.
| 5 | | (h) To adopt and amend rules and regulations covering | 6 | | the details of
the operation and use of the property, after | 7 | | a meeting of the unit owners
called for the specific | 8 | | purpose of discussing the proposed rules and
regulations. | 9 | | Notice of the meeting shall contain the full text of the
| 10 | | proposed rules and regulations, and the meeting shall | 11 | | conform to the
requirements of Section 18(b) of this Act, | 12 | | except that no quorum is
required at the meeting of the | 13 | | unit owners unless the declaration, bylaws
or other | 14 | | condominium instrument expressly provides to the contrary.
| 15 | | However, no rule or regulation may impair any rights | 16 | | guaranteed by the
First Amendment to the Constitution of | 17 | | the United States or Section 4 of
Article I of the Illinois | 18 | | Constitution including, but not limited to, the free | 19 | | exercise of religion, nor may any rules or regulations
| 20 | | conflict with the provisions of this Act or the condominium | 21 | | instruments. No rule or regulation shall prohibit any | 22 | | reasonable accommodation for religious practices, | 23 | | including the attachment of religiously mandated objects | 24 | | to the front-door area of a condominium unit.
| 25 | | (i) To keep detailed, accurate records of the receipts | 26 | | and
expenditures affecting the use and operation of the |
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| 1 | | property.
| 2 | | (j) To have access to each unit from time to time as | 3 | | may be necessary
for the maintenance, repair or replacement | 4 | | of any common elements or for
making emergency repairs | 5 | | necessary to prevent damage to the common elements
or to | 6 | | other units.
| 7 | | (k) To pay real property taxes, special assessments, | 8 | | and any other
special taxes or charges of the State of | 9 | | Illinois or of any political
subdivision thereof, or other | 10 | | lawful taxing or assessing body, which are
authorized by | 11 | | law to be assessed and levied upon the real property of the
| 12 | | condominium.
| 13 | | (l) To impose charges for late payment of a unit | 14 | | owner's proportionate
share of the common expenses, or any | 15 | | other expenses lawfully agreed upon,
and after notice and | 16 | | an opportunity to be heard, to levy reasonable fines
for | 17 | | violation of the declaration, by-laws, and rules and | 18 | | regulations of
the association.
| 19 | | (m) Unless the condominium instruments expressly | 20 | | provide to the
contrary, by a majority vote of the entire | 21 | | board of managers, to assign the
right of the association | 22 | | to future income from common expenses or other
sources, and | 23 | | to mortgage or pledge substantially all of the remaining
| 24 | | assets of the association.
| 25 | | (n) To record the dedication of a portion of the common | 26 | | elements
to a public body for use as, or in connection |
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| 1 | | with, a street or utility
where authorized by the unit | 2 | | owners under the provisions of Section 14.2.
| 3 | | (o) To record the granting of an easement for the | 4 | | laying of cable
television cable where authorized by the | 5 | | unit owners under the provisions
of Section 14.3; to | 6 | | obtain, if available and determined by the board to be in
| 7 | | the best interests of the association, cable television
| 8 | | service for all of the units of the condominium on a bulk
| 9 | | identical service and equal cost per unit basis; and to | 10 | | assess and recover the
expense as a common expense and, if | 11 | | so determined by the board, to assess each
and every unit | 12 | | on the same equal cost per unit basis.
| 13 | | (p) To seek relief on behalf of all unit owners when | 14 | | authorized
pursuant to subsection (c) of Section 10 from or | 15 | | in connection with the
assessment or levying of real | 16 | | property taxes, special assessments, and any
other special | 17 | | taxes or charges of the State of Illinois or of any | 18 | | political
subdivision thereof or of any lawful taxing or | 19 | | assessing body.
| 20 | | (q) To reasonably accommodate the needs of a | 21 | | handicapped unit owner
as required by the federal Civil | 22 | | Rights Act of 1968, the Human Rights Act
and any applicable | 23 | | local ordinances in the exercise of its powers with
respect | 24 | | to the use of common elements or approval of modifications | 25 | | in an
individual unit.
| 26 | | (r) To accept service of a notice of claim for purposes |
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| 1 | | of the Mechanics Lien Act on behalf of each respective | 2 | | member of the Unit Owners' Association with respect to | 3 | | improvements performed pursuant to any contract entered | 4 | | into by the Board of Managers or any contract entered into | 5 | | prior to the recording of the condominium declaration | 6 | | pursuant to this Act, for a property containing more than 8 | 7 | | units, and to distribute the notice to the unit owners | 8 | | within 7 days of the acceptance of the service by the Board | 9 | | of Managers. The service shall be effective as if each | 10 | | individual unit owner had been served individually with | 11 | | notice.
| 12 | | (s) To inspect the common elements for the presence of | 13 | | pests and, if necessary, control pests in the common | 14 | | elements. | 15 | | In the performance of their duties, the officers and | 16 | | members of the board,
whether appointed by the developer or | 17 | | elected by the unit owners, shall
exercise the care required of | 18 | | a fiduciary of the unit owners.
| 19 | | The collection of assessments from unit owners by an | 20 | | association, board
of managers or their duly authorized agents | 21 | | shall not be considered acts
constituting a collection agency | 22 | | for purposes of the Collection Agency Act.
| 23 | | The provisions of this Section are
applicable to all | 24 | | condominium instruments recorded under this Act. Any
portion of | 25 | | a condominium instrument which contains provisions contrary to
| 26 | | these provisions shall be void as against public policy and |
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| 1 | | ineffective.
Any such instrument that fails to contain the | 2 | | provisions required by this
Section shall be deemed to | 3 | | incorporate such provisions by operation of law.
| 4 | | (Source: P.A. 96-1000, eff. 7-2-10.)
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