State of Illinois
2011 and 2012


Introduced 2/7/2012, by Rep. Elaine Nekritz


765 ILCS 605/18.4  from Ch. 30, par. 318.4

    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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HB5000LRB097 16767 AJO 61946 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 Condominium Property Act is amended by
5changing 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
8board of managers shall exercise for the association all
9powers, duties and authority vested in the association by law
10or the condominium instruments except for such powers, duties
11and authority reserved by law to the members of the
12association. The powers and duties of the board of managers
13shall 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
16members of the board, whether appointed by the developer or
17elected by the unit owners, shall exercise the care required of
18a fiduciary of the unit owners.
19    The collection of assessments from unit owners by an
20association, board of managers or their duly authorized agents
21shall not be considered acts constituting a collection agency
22for purposes of the Collection Agency Act.
23    The provisions of this Section are applicable to all
24condominium instruments recorded under this Act. Any portion of
25a condominium instrument which contains provisions contrary to
26these provisions shall be void as against public policy and



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1ineffective. Any such instrument that fails to contain the
2provisions required by this Section shall be deemed to
3incorporate such provisions by operation of law.
4(Source: P.A. 96-1000, eff. 7-2-10.)