Full Text of HB4783 98th General Assembly
HB4783eng 98TH GENERAL ASSEMBLY |
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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 9.1 as follows:
| 6 | | (765 ILCS 605/9.1) (from Ch. 30, par. 309.1)
| 7 | | Sec. 9.1. (a) Other liens; rights of board of managers | 8 | | attachment and satisfaction . | 9 | | (a) Subsequent to the recording of the declaration, no | 10 | | liens of any nature shall
be created or arise against any | 11 | | portion of the property except against an
individual unit or | 12 | | units. No labor performed or materials furnished with
the | 13 | | consent or at the request of a particular unit owner shall be | 14 | | the basis
for the filing of a mechanics' lien claim against any | 15 | | other unit. If the
performance of the labor or furnishing of | 16 | | the materials is expressly authorized
by the
board of managers, | 17 | | each unit owner shall be deemed to have expressly authorized
it | 18 | | and consented thereto, and shall be liable for the payment of | 19 | | his unit's
proportionate share of any due and payable | 20 | | indebtedness as set forth in this
Section.
| 21 | | Each mortgage and other lien, including mechanics liens, | 22 | | securing a debt
incurred in the development of the land | 23 | | submitted to the provisions of this
Act for the sale of units |
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| 1 | | shall be subject to the provisions of this Act,
subsequent to | 2 | | the conveyance of a unit to the purchaser.
| 3 | | In the event any lien exists against 2 or more units and | 4 | | the indebtedness
secured by such lien is due and payable, the | 5 | | unit owner of any such unit
so affected may remove such unit | 6 | | and the undivided interest in the common
elements appertaining | 7 | | thereto from such lien by payment of the proportional
amount of | 8 | | such indebtedness attributable to such unit. In the event such
| 9 | | lien exists against the units or against the property, the | 10 | | amount of such
proportional payment shall be computed on the | 11 | | basis of the percentages set
forth in the declaration. Upon | 12 | | payment as herein provided, it is the duty
of the encumbrancer | 13 | | to execute and deliver to the unit owner a release of
such unit | 14 | | and the undivided interest in the common elements appertaining
| 15 | | thereto from such lien, except that such proportional payment | 16 | | and release
shall not prevent the encumbrancer from proceeding | 17 | | to enforce his rights
against any unit or interest with respect | 18 | | to which such lien has not been
so paid or released.
| 19 | | The owner of a unit shall not be liable for any claims, | 20 | | damages, or
judgments, including but not limited to State or | 21 | | local government fees or
fines, entered as a result of any | 22 | | action or inaction of the board of managers
of the association | 23 | | other than for mechanics' liens as set forth in this
Section.
| 24 | | Unit owners other than the developer, members of the board of | 25 | | managers other
than the developer or developer | 26 | | representatives, and the association of unit
owners shall not |
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| 1 | | be liable for any claims,
damages, or judgments, including but | 2 | | not limited to State or local government
fees or fines, entered | 3 | | as result of any action or inaction of the developer
other than | 4 | | for mechanics' liens as set forth in this Section.
Each unit | 5 | | owner's liability for any judgment entered against the
board of | 6 | | managers or the association, if any, shall be limited to his
| 7 | | proportionate share of the indebtedness as set forth in this | 8 | | Section, whether
collection is sought through assessment or | 9 | | otherwise. A unit owner shall be
liable for any claim, damage | 10 | | or judgment entered as a result of the use or
operation
of his | 11 | | unit, or caused by his own conduct. Before conveying a unit, a | 12 | | developer
shall record and furnish purchaser releases of all | 13 | | liens affecting
that unit
and its common element interest which | 14 | | the purchaser does not expressly agree
to take subject to or | 15 | | assume, and the developer shall provide a
surety bond
or | 16 | | substitute collateral for or insurance against liens for which | 17 | | a
release is not provided. After conveyance
of such unit, no | 18 | | mechanics lien shall be created against such unit or its
common | 19 | | element interest by reason of any subsequent contract by the | 20 | | developer
to improve or make additions to the property.
| 21 | | Each mortgagee or other lienholder of the unit of a common | 22 | | interest
community or of a unit subject to the Condominium | 23 | | Property Act shall
provide an address to the unit owners' | 24 | | association at the time the lien or
mortgage is recorded at | 25 | | which address such unit owners' association shall send
notice
| 26 | | to such mortgagee or lienholder of any eminent domain
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| 1 | | proceeding to which the association thereafter becomes a party. | 2 | | If the
mortgagee or lienholder has not provided an address for | 3 | | notice purposes to
the association, then such notice shall be | 4 | | sent to all
mortgagees or lienholders which are named insureds | 5 | | on the master policy of
insurance which exists or may exist on | 6 | | the common interest community or
unit subject to the | 7 | | Condominium Property Act.
| 8 | | (b) Board of Managers' standing and capacity. The board of | 9 | | managers shall have standing and capacity to act in a
| 10 | | representative
capacity in relation to matters involving the | 11 | | common elements or more than
one unit, on behalf of the unit | 12 | | owners, as their interests may appear.
| 13 | | (c) Any provision in a condominium instrument is void as | 14 | | against public policy and ineffective if it limits or restricts | 15 | | the rights of the board of managers under subsection (b) of | 16 | | this Section by: | 17 | | (1) requiring the prior consent of the unit owners in | 18 | | order for the board of managers to take any action | 19 | | authorized or permitted under subsection (b) of this | 20 | | Section, including the institution of any action in court | 21 | | or a demand for a trial by jury; or | 22 | | (2) notwithstanding Section 32 of this Act, requiring | 23 | | the board of managers to arbitrate or mediate a dispute | 24 | | with any one or more of all of the declarants under the | 25 | | condominium instruments or the developer or any person not | 26 | | then a unit owner prior to the institution of any action by |
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| 1 | | the board of managers or a demand for a trial by jury under | 2 | | subsection (b) of this Section. | 3 | | A provision in a declaration which would otherwise be void | 4 | | and ineffective under this Section may be enforced if it is | 5 | | approved by a vote of not less than 75% of the unit owners at | 6 | | any time after the election of the first unit owner board of | 7 | | managers. | 8 | | (Source: P.A. 91-616, eff. 8-19-99.)
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