Full Text of SB0948 100th General Assembly
SB0948ham002 100TH GENERAL ASSEMBLY | Rep. André Thapedi Filed: 6/24/2017
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| 1 | | AMENDMENT TO SENATE BILL 948
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 948 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Association Manager Licensing | 5 | | and Disciplinary Act is amended by changing Sections 5, 10, 15, | 6 | | 25, 30, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows: | 7 | | (225 ILCS 427/5)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 5. Legislative intent. It is the intent of the General | 10 | | Assembly that this Act provide for the licensing and regulation | 11 | | of community association managers and community association | 12 | | management firms , ensure that those who hold themselves out as | 13 | | possessing professional qualifications to engage in the | 14 | | business of community association management are, in fact, | 15 | | qualified to render management services of a professional | 16 | | nature, and provide for the maintenance of high standards of |
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| 1 | | professional conduct by those licensed to provide community | 2 | | association management services.
| 3 | | (Source: P.A. 98-365, eff. 1-1-14.) | 4 | | (225 ILCS 427/10)
| 5 | | (Section scheduled to be repealed on January 1, 2020) | 6 | | Sec. 10. Definitions. As used in this Act: | 7 | | "Address of record" means the designated address recorded | 8 | | by the Department in the applicant's or licensee's application | 9 | | file or license file maintained by the Department's licensure | 10 | | maintenance unit. It is the duty of the applicant or licensee | 11 | | to inform the Department of any change of address, and such | 12 | | changes must be made either through the Department's website or | 13 | | by contacting the Department's licensure maintenance unit. | 14 | | "Advertise" means, but is not limited to, issuing or | 15 | | causing to be distributed any card, sign or device to any | 16 | | person; or causing, permitting or allowing any sign or marking | 17 | | on or in any building, structure, newspaper, magazine or | 18 | | directory, or on radio or television; or advertising by any | 19 | | other means designed to secure public attention. | 20 | | "Board" means the Illinois Community Association Manager | 21 | | Licensing and Disciplinary Board. | 22 | | "Community association" means an association in which | 23 | | membership is a condition of ownership or shareholder interest | 24 | | of a unit in a condominium, cooperative, townhouse, villa, or | 25 | | other residential unit which is part of a residential |
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| 1 | | development plan and that is authorized to impose an | 2 | | assessment, rents, or other costs that may become a lien on the | 3 | | unit or lot. | 4 | | "Community association funds" means any assessments, fees, | 5 | | fines, or other funds collected by the community association | 6 | | manager from the community association, or its members, other | 7 | | than the compensation paid to the community association manager | 8 | | for performance of community association management services. | 9 | | "Community association management firm" means a company, | 10 | | corporation, limited liability company, or other entity that | 11 | | engages in community association management services through a | 12 | | designated community association manager . | 13 | | "Community association management services" means those | 14 | | services listed in the definition of community association | 15 | | manager in this Section. | 16 | | "Community association manager" means an individual who | 17 | | administers for remuneration the financial, administrative, | 18 | | maintenance, or other duties for the community association, | 19 | | including , but not limited to, any of the following services: | 20 | | (A) collecting, controlling or disbursing funds of the | 21 | | community association or having the authority to do so; (B) | 22 | | preparing budgets or other financial documents for the | 23 | | community association; (C) assisting in the conduct of | 24 | | community association meetings; (D) maintaining association | 25 | | records; or and (E) administrating association contracts, as | 26 | | stated in the declaration, bylaws, proprietary lease, |
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| 1 | | declaration of covenants, or other governing document of the | 2 | | community association. "Community association manager" does | 3 | | not mean support staff, including, but not limited to | 4 | | bookkeepers, administrative assistants, secretaries, property | 5 | | inspectors, or customer service representatives. | 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation. | 8 | | "Designated community association manager" means a | 9 | | licensed community association manager who has an ownership | 10 | | interest in or is otherwise employed by a community association | 11 | | management firm to act as the controlling person and the | 12 | | authorized signatory for the firm on community association | 13 | | accounts and to otherwise supervise, manage, and be responsible | 14 | | for the firm's community association manager activities | 15 | | pursuant to Section 50 of this Act. | 16 | | "License" means the license issued to a person , | 17 | | corporation, partnership, limited liability company, or other | 18 | | legal entity under this Act to provide community association | 19 | | management services. | 20 | | "Person" means an any individual , corporation, | 21 | | partnership, limited liability company, or other legal entity . | 22 | | "Secretary" means the Secretary of Financial and | 23 | | Professional Regulation.
| 24 | | "Supervising community association manager" means an | 25 | | individual licensed as a community association manager who | 26 | | manages and supervises a firm. |
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| 1 | | (Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.) | 2 | | (225 ILCS 427/15)
| 3 | | (Section scheduled to be repealed on January 1, 2020) | 4 | | Sec. 15. License required. It shall be unlawful for any | 5 | | person, corporation, partnership, limited liability company, | 6 | | or other entity to provide community association management | 7 | | services, provide services as a community association manager, | 8 | | or hold himself, herself, or itself out as a community | 9 | | association manager or community association management firm | 10 | | to any community association in this State, unless he, she, or | 11 | | it holds a current and valid license issued licensed by the | 12 | | Department , employs a designated community association manager | 13 | | with a current and valid license issued by the Department, or | 14 | | is otherwise exempt from licensure under this Act.
| 15 | | (Source: P.A. 98-365, eff. 1-1-14.) | 16 | | (225 ILCS 427/25)
| 17 | | (Section scheduled to be repealed on January 1, 2020) | 18 | | Sec. 25. Community Association Manager Licensing and | 19 | | Disciplinary Board. | 20 | | (a) There is hereby created the Community Association | 21 | | Manager Licensing and Disciplinary Board, which shall consist | 22 | | of 7 members appointed by the Secretary. All members must be | 23 | | residents of the State and must have resided in the State for | 24 | | at least 5 years immediately preceding the date of appointment. |
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| 1 | | Five members of the Board must be licensees under this Act , at | 2 | | least two members of which shall be supervising community | 3 | | association managers . Two members of the Board shall be owners | 4 | | of, or hold a shareholder's interest in, a unit in a community | 5 | | association at the time of appointment who are not licensees | 6 | | under this Act and have no direct affiliation or work | 7 | | experience with the community association's community | 8 | | association manager. This Board shall act in an advisory | 9 | | capacity to the Department. | 10 | | (b) Board members shall serve for terms of 5 years, except | 11 | | that, initially, 4 members shall serve for 5 years and 3 | 12 | | members shall serve for 4 years. All members shall serve until
| 13 | | his or her successor is appointed and qualified. All vacancies | 14 | | shall be filled in like manner for the unexpired term. No | 15 | | member shall serve for more than 2 successive terms. The | 16 | | Secretary shall remove from the Board any member whose license | 17 | | has become void or has been revoked or suspended and may remove | 18 | | any member of the Board for neglect of duty, misconduct, or | 19 | | incompetence. A member who is subject to formal disciplinary | 20 | | proceedings shall disqualify himself or herself from all Board | 21 | | business until the charge is resolved. A member also shall | 22 | | disqualify himself or herself from any matter on which the | 23 | | member cannot act objectively. | 24 | | (c) Four Board members shall constitute a quorum. A quorum | 25 | | is required for all Board decisions. | 26 | | (d) The Board shall elect annually a chairperson and vice |
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| 1 | | chairperson. | 2 | | (e) Each member shall receive reimbursement as set by the | 3 | | Governor's Travel Control Board for expenses incurred in | 4 | | carrying out the duties as a Board member. The Board shall be | 5 | | compensated as determined by the Secretary. | 6 | | (f) The Board may recommend policies, procedures, and rules | 7 | | relevant to the administration and enforcement of this Act.
| 8 | | (Source: P.A. 98-365, eff. 1-1-14.) | 9 | | (225 ILCS 427/30)
| 10 | | (Section scheduled to be repealed on January 1, 2020) | 11 | | Sec. 30. Powers and duties of the Department. The | 12 | | Department may exercise the following functions, powers and | 13 | | duties: | 14 | | (a) formulate rules for the administration and | 15 | | enforcement of this Act; | 16 | | (b) prescribe forms to be issued for the administration | 17 | | and enforcement of this Act; | 18 | | (c) conduct hearings or proceedings to refuse to issue, | 19 | | renew, suspend, revoke, place on probation, reprimand, or | 20 | | take disciplinary or non-disciplinary action as the | 21 | | Department may deem appropriate under this Act; | 22 | | (d) maintain a roster of the names and addresses of all | 23 | | licensees and the community association management firms | 24 | | that employ them in a manner as deemed appropriate by the | 25 | | Department; and |
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| 1 | | (e) seek the advice and expert knowledge of the Board | 2 | | on any matter relating to the
administration and | 3 | | enforcement of this Act.
| 4 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 5 | | (225 ILCS 427/50)
| 6 | | (Section scheduled to be repealed on January 1, 2020) | 7 | | Sec. 50. Community association management firm.
| 8 | | (a) No corporation, partnership, limited liability | 9 | | company, or other legal entity shall provide or offer to | 10 | | provide community association management services, unless it | 11 | | does so through a licensed community association manager that | 12 | | has applied in writing on the prescribed forms and has paid the | 13 | | required nonrefundable fees and provided evidence to the | 14 | | Department that he or she meets the requirements to be named as | 15 | | a the firm has designated community association manager and | 16 | | agrees a licensed supervising community association manager to | 17 | | supervise and manage the firm's licensed activities firm . A | 18 | | designated supervising community association manager shall be | 19 | | a continuing requirement of firm operation. licensure. No | 20 | | supervising community association manager may be the | 21 | | supervising community association manager for more than one | 22 | | firm. | 23 | | (b) Any corporation, partnership, limited liability | 24 | | company, or other legal entity that is providing, or offering | 25 | | to provide, community association management services and is |
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| 1 | | not in compliance with Section 50 and other provisions of this | 2 | | Act shall be subject to the civil penalties fines , injunctions, | 3 | | cease and desist provisions, and penalties provided for in | 4 | | Sections 90, 92, and 155 of this Act. | 5 | | (c) No community association manager may be the designated | 6 | | community association manager licensee-in-charge for more than | 7 | | one firm, corporation, limited liability company, or other | 8 | | legal entity.
| 9 | | (d) The Department is authorized to adopt rules and set all | 10 | | necessary requirements for the implementation of this Section. | 11 | | (Source: P.A. 98-365, eff. 1-1-14.) | 12 | | (225 ILCS 427/55)
| 13 | | (Section scheduled to be repealed on January 1, 2020) | 14 | | Sec. 55. Fidelity insurance; segregation of accounts. | 15 | | (a) The designated supervising community association | 16 | | manager or the community association management firm with which | 17 | | he or she is employed shall not have access to and disburse | 18 | | community association funds unless each of the following | 19 | | conditions occur: | 20 | | (1) There is fidelity insurance in place to insure | 21 | | against loss for theft of community association funds. | 22 | | (2) The fidelity insurance is not less than all moneys | 23 | | under the control of the designated supervising community | 24 | | association manager or the employing community association | 25 | | management firm for the association. |
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| 1 | | (3) The fidelity insurance covers the designated | 2 | | community association manager, all other licensees, | 3 | | supervising community association manager, and all | 4 | | partners, officers, and employees of the community | 5 | | association management firm during the term of the | 6 | | insurance coverage, which shall be at least for the same | 7 | | term as the service agreement between the community | 8 | | association management firm or supervising community | 9 | | association manager as well as the community association | 10 | | officers, directors, and employees. | 11 | | (4) The insurance company issuing the fidelity | 12 | | insurance may not cancel or refuse to renew the bond | 13 | | without giving at least 10 days' prior written notice. | 14 | | (5) Unless an agreement between the community | 15 | | association and the supervising community association | 16 | | manager or the community association management firm | 17 | | provides to the contrary, a community association may | 18 | | secure and pay for the fidelity insurance required by this | 19 | | Section. The designated supervising community association | 20 | | manager , all other licensees, and or the community | 21 | | association management firm must be named as additional | 22 | | insured parties on the community association policy. | 23 | | (b) A community association management firm that provides | 24 | | community association management services for more than one | 25 | | community association shall maintain separate, segregated | 26 | | accounts for each community association or, with the consent of |
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| 1 | | the community association, combine the accounts of one or more | 2 | | community associations, but in that event, separately account | 3 | | for the funds of each community association. The funds shall | 4 | | not, in any event, be commingled with the supervising community | 5 | | association manager's or community association management | 6 | | firm's funds. The maintenance of such accounts shall be | 7 | | custodial, and such accounts shall be in the name of the | 8 | | respective community association or community association | 9 | | manager or community association management firm Community | 10 | | Association Management Agency as the agent for the association. | 11 | | (c) The supervising community association manager or | 12 | | community association management firm shall obtain the | 13 | | appropriate general liability and errors and omissions | 14 | | insurance, as determined by the Department, to cover any losses | 15 | | or claims against the supervising community association | 16 | | manager or the community association management firm. | 17 | | (d) The Department shall have authority to promulgate | 18 | | additional rules regarding insurance, fidelity insurance and | 19 | | all accounts maintained and to be maintained by a designated | 20 | | supervising community association manager or community | 21 | | association management firm.
| 22 | | (Source: P.A. 98-365, eff. 1-1-14.) | 23 | | (225 ILCS 427/60)
| 24 | | (Section scheduled to be repealed on January 1, 2020) | 25 | | Sec. 60. Licenses; renewals; restoration; person in |
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| 1 | | military service. | 2 | | (a) The expiration date and renewal period for each license | 3 | | issued under this Act shall be set by rule. The Department may | 4 | | promulgate rules requiring continuing education and set all | 5 | | necessary requirements for such, including but not limited to | 6 | | fees, approved coursework, number of hours, and waivers of | 7 | | continuing education. | 8 | | (b) Any licensee who has permitted his or , her , or its | 9 | | license to expire may have the license restored by making | 10 | | application to the Department and filing proof acceptable to | 11 | | the Department of fitness to have his or , her , or its license | 12 | | restored, by which may include sworn evidence certifying to | 13 | | active practice in another jurisdiction satisfactory to the | 14 | | Department, complying with any continuing education | 15 | | requirements, and paying the required restoration fee. | 16 | | (c) If the person has not maintained an active practice in | 17 | | another jurisdiction satisfactory to the Department, the | 18 | | Department shall determine, by an evaluation program | 19 | | established by rule, the person's fitness to resume active | 20 | | status and may require the person to complete a period of | 21 | | evaluated clinical experience and successful completion of a | 22 | | practical examination.
However, any person whose license | 23 | | expired while (i) in federal service on active duty with the | 24 | | Armed Forces of the United States or called into service or | 25 | | training with the State Militia or (ii) in training or | 26 | | education under the supervision of the United States |
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| 1 | | preliminary to induction into the military service may have his | 2 | | or her license renewed or restored without paying any lapsed | 3 | | renewal fees if, within 2 years after honorable termination of | 4 | | the service, training or education, except under condition | 5 | | other than honorable, he or she furnishes the Department with | 6 | | satisfactory evidence to the effect that he or she has been so | 7 | | engaged and that the service, training, or education has been | 8 | | so terminated. | 9 | | (d) A community association manager , community association | 10 | | management firm or supervising community association manager | 11 | | who notifies the Department, in writing on forms prescribed by | 12 | | the Department, may place his or , her , or its license on | 13 | | inactive status and shall be excused from the payment of | 14 | | renewal fees until the person notifies the Department in | 15 | | writing of the intention to resume active practice. | 16 | | (e) A community association manager , community association | 17 | | management firm, or supervising community association manager | 18 | | requesting his or , her , or its license be changed from inactive | 19 | | to active status shall be required to pay the current renewal | 20 | | fee and shall also demonstrate compliance with the continuing | 21 | | education requirements. | 22 | | (f) Any licensee with a nonrenewed or on inactive license | 23 | | status or any community association firm operating without a | 24 | | designated community association manager shall not provide | 25 | | community association management services as set forth in this | 26 | | Act. |
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| 1 | | (g) Any person or entity violating subsection (f) of this | 2 | | Section shall be considered to be practicing without a license | 3 | | and will be subject to the disciplinary provisions of this Act.
| 4 | | (Source: P.A. 98-365, eff. 1-1-14.) | 5 | | (225 ILCS 427/70)
| 6 | | (Section scheduled to be repealed on January 1, 2020) | 7 | | Sec. 70. Penalty for insufficient funds; payments. Any | 8 | | person who delivers a check or other payment to the Department | 9 | | that is returned to the Department unpaid by the financial | 10 | | institution upon which it is drawn shall pay to the Department, | 11 | | in addition to the amount already owed to the Department, a | 12 | | fine of $50. The Department shall notify the person that | 13 | | payment of fees and fines shall be paid to the Department by | 14 | | certified check or money order within 30 calendar days after | 15 | | notification. If, after the expiration of 30 days from the date | 16 | | of the notification, the person has failed to submit the | 17 | | necessary remittance, the Department shall automatically | 18 | | terminate the license or deny the application, without hearing. | 19 | | If, after termination or denial, the person seeks a license, he | 20 | | or , she , or it shall apply to the Department for restoration or | 21 | | issuance of the license and pay all fees and fines due to the | 22 | | Department. The Department may establish a fee for the | 23 | | processing of an application for restoration of a license to | 24 | | pay all expenses of processing this application. The Secretary | 25 | | may waive the fines due under this Section in individual cases |
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| 1 | | where the Secretary finds that the fines would be unreasonable | 2 | | or unnecessarily burdensome.
| 3 | | (Source: P.A. 98-365, eff. 1-1-14.) | 4 | | (225 ILCS 427/75)
| 5 | | (Section scheduled to be repealed on January 1, 2020) | 6 | | Sec. 75. Endorsement. The Department may issue a community | 7 | | association manager or supervising community association | 8 | | manager license, without the required examination, to an | 9 | | applicant licensed under the laws of another state if the | 10 | | requirements for licensure in that state are, on the date of | 11 | | licensure, substantially equal to the requirements of this Act | 12 | | or to a person who, at the time of his or her application for | 13 | | licensure, possessed individual qualifications that were | 14 | | substantially equivalent to the requirements then in force in | 15 | | this State. An applicant under this Section shall pay all of | 16 | | the required fees. | 17 | | Applicants have 3 years from the date of application to | 18 | | complete the application process. If the process has not been | 19 | | completed within the 3 years, the application shall be denied, | 20 | | the fee shall be forfeited, and the applicant must reapply and | 21 | | meet the requirements in effect at the time of reapplication.
| 22 | | (Source: P.A. 98-365, eff. 1-1-14.) | 23 | | (225 ILCS 427/85)
| 24 | | (Section scheduled to be repealed on January 1, 2020) |
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| 1 | | Sec. 85. Grounds for discipline; refusal, revocation, or | 2 | | suspension. | 3 | | (a) The Department may refuse to issue or renew a license, | 4 | | or may place on probation, reprimand, suspend, or revoke any | 5 | | license, or take any other disciplinary or non-disciplinary | 6 | | action as the Department may deem proper and impose a fine not | 7 | | to exceed $10,000 for each violation upon any licensee or | 8 | | applicant under this Act or any person or entity who holds | 9 | | himself, herself, or itself out as an applicant or licensee for | 10 | | any one or combination of the following causes: | 11 | | (1) Material misstatement in furnishing information to | 12 | | the Department. | 13 | | (2) Violations of this Act or its rules. | 14 | | (3) Conviction of or entry of a plea of guilty or plea | 15 | | of nolo contendere to a felony or a misdemeanor under the | 16 | | laws of the United States, any state, or any other | 17 | | jurisdiction or entry of an administrative sanction by a | 18 | | government agency in this State or any other jurisdiction. | 19 | | Action taken under this paragraph (3) for a misdemeanor or | 20 | | an administrative sanction is limited to a misdemeanor or | 21 | | administrative sanction that has as an essential element | 22 | | dishonesty or fraud, that involves larceny, embezzlement, | 23 | | or obtaining money, property, or credit by false pretenses | 24 | | or by means of a confidence game, or that is directly | 25 | | related to the practice of the profession. | 26 | | (4) Making any misrepresentation for the purpose of |
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| 1 | | obtaining a license or violating any provision of this Act | 2 | | or its rules. | 3 | | (5) Professional incompetence. | 4 | | (6) Gross negligence. | 5 | | (7) Aiding or assisting another person in violating any | 6 | | provision of this Act or its rules. | 7 | | (8) Failing, within 30 days, to provide information in | 8 | | response to a request made by the Department. | 9 | | (9) Engaging in dishonorable, unethical, or | 10 | | unprofessional conduct of a character likely to deceive, | 11 | | defraud or harm the public as defined by the rules of the | 12 | | Department, or violating the rules of professional conduct | 13 | | adopted by the Department. | 14 | | (10) Habitual or excessive use or addiction to alcohol, | 15 | | narcotics, stimulants, or any other chemical agent or drug | 16 | | that results in the inability to practice with reasonable | 17 | | judgment, skill, or safety. | 18 | | (11) Having been disciplined by another state, the | 19 | | District of Columbia, a territory, a foreign nation, or a | 20 | | governmental agency authorized to impose discipline if at | 21 | | least one of the grounds for the discipline is the same or | 22 | | substantially equivalent of one of the grounds for which a | 23 | | licensee may be disciplined under this Act. A certified | 24 | | copy of the record of the action by the other state or | 25 | | jurisdiction shall be prima facie evidence thereof. | 26 | | (12) Directly or indirectly giving to or receiving from |
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| 1 | | any person, firm, corporation, partnership or association | 2 | | any fee, commission, rebate, or other form of compensation | 3 | | for any professional services not actually or personally | 4 | | rendered. | 5 | | (13) A finding by the Department that the licensee, | 6 | | after having his or , her , or its license placed on | 7 | | probationary status, has violated the terms of probation. | 8 | | (14) Willfully making or filing false records or | 9 | | reports relating to a licensee's practice, including but | 10 | | not limited to false records filed with any State or | 11 | | federal agencies or departments. | 12 | | (15) Being named as a perpetrator in an indicated | 13 | | report by the Department of Children and Family Services | 14 | | under the Abused and Neglected Child Reporting Act and upon | 15 | | proof by clear and convincing evidence that the licensee | 16 | | has caused a child to be an abused child or neglected child | 17 | | as defined in the Abused and Neglected Child Reporting Act. | 18 | | (16) Physical illness or mental illness or impairment, | 19 | | including, but not limited to, deterioration through the | 20 | | aging process or loss of motor skill that results in the | 21 | | inability to practice the profession with reasonable | 22 | | judgment, skill, or safety. | 23 | | (17) Solicitation of professional services by using | 24 | | false or misleading advertising. | 25 | | (18) A finding that licensure has been applied for or | 26 | | obtained by fraudulent means. |
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| 1 | | (19) Practicing or attempting to practice under a name | 2 | | other than the full name as shown on the license or any | 3 | | other legally authorized name unless approved by the | 4 | | Department . | 5 | | (20) Gross overcharging for professional services | 6 | | including, but not limited to, (i) collection of fees or | 7 | | moneys for services that are not rendered; and (ii) | 8 | | charging for services that are not in accordance with the | 9 | | contract between the licensee and the community | 10 | | association. | 11 | | (21) Improper commingling of personal and client funds | 12 | | in violation of this Act or any rules promulgated thereto. | 13 | | (22) Failing to account for or remit any moneys or | 14 | | documents coming into the licensee's possession that | 15 | | belong to another person or entity. | 16 | | (23) Giving differential treatment to a person that is | 17 | | to that person's detriment because of race, color, creed, | 18 | | sex, religion, or national origin. | 19 | | (24) Performing and charging for services without | 20 | | reasonable authorization to do so from the person or entity | 21 | | for whom service is being provided. | 22 | | (25) Failing to make available to the Department, upon | 23 | | request, any books, records, or forms required by this Act. | 24 | | (26) Purporting to be a designated supervising | 25 | | community association manager of a firm without active | 26 | | participation in the firm. |
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| 1 | | (27) Failing to make available to the Department at the | 2 | | time of the request any indicia of licensure or | 3 | | registration issued under this Act. | 4 | | (28) Failing to maintain and deposit funds belonging to | 5 | | a community association in accordance with subsection (b) | 6 | | of Section 55 of this Act. | 7 | | (29) Violating the terms of a disciplinary order issued | 8 | | by the Department. | 9 | | (30) Operating a community association management firm | 10 | | without a licensed designated community association | 11 | | manager. | 12 | | (31) Failing to meet the requirements for acting as a | 13 | | designated community association manager, if appropriate. | 14 | | (b) In accordance with subdivision (a)(5) of Section | 15 | | 2105-15 of the Department of Professional Regulation Law of the | 16 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), | 17 | | the Department shall deny a license or renewal authorized by | 18 | | this Act to a person who has defaulted on an educational loan | 19 | | or scholarship provided or guaranteed by the Illinois Student | 20 | | Assistance Commission or any governmental agency of this State. | 21 | | (c) The determination by a circuit court that a licensee is | 22 | | subject to involuntary admission or judicial admission, as | 23 | | provided in the Mental Health and Developmental Disabilities | 24 | | Code, operates as an automatic suspension. The suspension will | 25 | | terminate only upon a finding by a court that the patient is no | 26 | | longer subject to involuntary admission or judicial admission |
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| 1 | | and the issuance of an order so finding and discharging the | 2 | | patient, and upon the recommendation of the Board to the | 3 | | Secretary that the licensee be allowed to resume his or her | 4 | | practice as a licensed community association manager. | 5 | | (d) In accordance with subsection (g) of Section 2105-15 of | 6 | | the Department of Professional Regulation Law of the Civil | 7 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 8 | | Department may refuse to issue or renew or may suspend the | 9 | | license of any person who fails to file a return, to pay the | 10 | | tax, penalty, or interest shown in a filed return, or to pay | 11 | | any final assessment of tax, penalty, or interest, as required | 12 | | by any tax Act administered by the Department of Revenue, until | 13 | | such time as the requirements of that tax Act are satisfied.
| 14 | | (e) In accordance with subdivision (a)(5) of Section | 15 | | 2105-15 of the Department of Professional Regulation Law of the | 16 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) | 17 | | and in cases where the Department of Healthcare and Family | 18 | | Services (formerly Department of Public Aid) has previously | 19 | | determined that a licensee or a potential licensee is more than | 20 | | 30 days delinquent in the payment of child support and has | 21 | | subsequently certified the delinquency to the Department may | 22 | | refuse to issue or renew or may revoke or suspend that person's | 23 | | license or may take other disciplinary action against that | 24 | | person based solely upon the certification of delinquency made | 25 | | by the Department of Healthcare and Family Services. | 26 | | (f) In enforcing this Section, the Department or Board upon |
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| 1 | | a showing of a possible violation may compel a licensee or an | 2 | | individual licensed to practice under this Act, or who has | 3 | | applied for licensure under this Act, to submit to a mental or | 4 | | physical examination, or both, as required by and at the | 5 | | expense of the Department. The Department or Board may order | 6 | | the examining physician to present testimony concerning the | 7 | | mental or physical examination of the licensee or applicant. No | 8 | | information shall be excluded by reason of any common law or | 9 | | statutory privilege relating to communications between the | 10 | | licensee or applicant and the examining physician. The | 11 | | examining physicians shall be specifically designated by the | 12 | | Board or Department. The individual to be examined may have, at | 13 | | his or her own expense, another physician of his or her choice | 14 | | present during all aspects of this examination. Failure of an | 15 | | individual to submit to a mental or physical examination, when | 16 | | directed, shall be grounds for suspension of his or her license | 17 | | or denial of his or her application or renewal until the | 18 | | individual submits to the examination if the Department finds, | 19 | | after notice and hearing, that the refusal to submit to the | 20 | | examination was without reasonable cause.
| 21 | | If the Department or Board finds an individual unable to | 22 | | practice because of the reasons set forth in this Section, the | 23 | | Department or Board may require that individual to submit to | 24 | | care, counseling, or treatment by physicians approved or | 25 | | designated by the Department or Board, as a condition, term, or | 26 | | restriction for continued, reinstated, or renewed licensure to |
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| 1 | | practice; or, in lieu of care, counseling, or treatment, the | 2 | | Department may file, or the Board may recommend to the | 3 | | Department to file, a complaint to immediately suspend, revoke, | 4 | | deny, or otherwise discipline the license of the individual. An | 5 | | individual whose license was granted, continued, reinstated, | 6 | | renewed, disciplined or supervised subject to such terms, | 7 | | conditions, or restrictions, and who fails to comply with such | 8 | | terms, conditions, or restrictions, shall be referred to the | 9 | | Secretary for a determination as to whether the individual | 10 | | shall have his or her license suspended immediately, pending a | 11 | | hearing by the Department. | 12 | | In instances in which the Secretary immediately suspends a | 13 | | person's license under this Section, a hearing on that person's | 14 | | license must be convened by the Department within 30 days after | 15 | | the suspension and completed without appreciable delay. The | 16 | | Department and Board shall have the authority to review the | 17 | | subject individual's record of treatment and counseling | 18 | | regarding the impairment to the extent permitted by applicable | 19 | | federal statutes and regulations safeguarding the | 20 | | confidentiality of medical records. | 21 | | An individual licensed under this Act and affected under | 22 | | this Section shall be afforded an opportunity to demonstrate to | 23 | | the Department or Board that he or she can resume practice in | 24 | | compliance with acceptable and prevailing standards under the | 25 | | provisions of his or her license.
| 26 | | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; |
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| 1 | | 98-756, eff. 7-16-14.) | 2 | | (225 ILCS 427/90)
| 3 | | (Section scheduled to be repealed on January 1, 2020) | 4 | | Sec. 90. Violations; injunctions; cease and desist orders. | 5 | | (a) If any person violates a provision of this Act, the | 6 | | Secretary may, in the name of the People of the State of | 7 | | Illinois, through the Attorney General of the State of | 8 | | Illinois, petition for an order enjoining the violation or for | 9 | | an order enforcing compliance with this Act. Upon the filing of | 10 | | a verified petition in court, the court may issue a temporary | 11 | | restraining order, without notice or bond, and may | 12 | | preliminarily and permanently enjoin the violation. If it is | 13 | | established that the person has violated or is violating the | 14 | | injunction, the Court may punish the offender for contempt of | 15 | | court. Proceedings under this Section are in addition to, and | 16 | | not in lieu of, all other remedies and penalties provided by | 17 | | this Act. | 18 | | (b) If any person, entity or other business may provide | 19 | | community association management services or provide services | 20 | | as community association manager to any community association | 21 | | in this State without having a valid license under this Act or | 22 | | without a designated community association manager for a | 23 | | community association management firm , then any licensee, any | 24 | | interested party or any person injured thereby may, in addition | 25 | | to the Secretary, petition for relief as provided in subsection |
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| 1 | | (a) of this Section. | 2 | | (c) Whenever in the opinion of the Department any person, | 3 | | entity or other business violates any provision of this Act, | 4 | | the Department may issue a rule to show cause why an order to | 5 | | cease and desist should not be entered against such person, | 6 | | firm or other entity. The rule shall clearly set forth the | 7 | | grounds relied upon by the Department and shall provide a | 8 | | period of at least 7 days from the date of the rule to file an | 9 | | answer to the satisfaction of the Department. If the person, | 10 | | firm or other entity fails to file an answer satisfactory to | 11 | | the Department, the matter shall be considered as a default and | 12 | | the Department may cause an order to cease and desist to be | 13 | | issued immediately.
| 14 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 15 | | (225 ILCS 427/92)
| 16 | | (Section scheduled to be repealed on January 1, 2020) | 17 | | Sec. 92. Unlicensed practice; violation; civil penalty. | 18 | | (a) Any person, entity or other business who practices, | 19 | | offers to practice, attempts to practice, or holds himself, | 20 | | herself or itself out to practice as a community association | 21 | | manager or community association management firm or provide | 22 | | services as a community association manager or community | 23 | | association management firm to any community association in | 24 | | this State without being licensed under this Act or without a | 25 | | designated community association manager for a community |
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| 1 | | association management firm shall, in addition to any other | 2 | | penalty provided by law, pay a civil penalty to the Department | 3 | | in an amount not to exceed $10,000 for each offense, as | 4 | | determined by the Department. The civil penalty shall be | 5 | | assessed by the Department after a hearing is held in | 6 | | accordance with the provisions set forth in this Act regarding | 7 | | the provision of a hearing for the discipline of a licensee. | 8 | | (b) The Department may investigate any and all unlicensed | 9 | | activity. | 10 | | (c) The civil penalty shall be paid within 60 days after | 11 | | the effective date of the order imposing the civil penalty. The | 12 | | order shall constitute a judgment and may be filed and | 13 | | execution had thereon in the same manner as any judgment from | 14 | | any court of record.
| 15 | | (Source: P.A. 98-365, eff. 1-1-14.) | 16 | | (225 ILCS 427/155)
| 17 | | (Section scheduled to be repealed on January 1, 2020) | 18 | | Sec. 155. Violations; penalties. | 19 | | (a) A person who violates any of the following provisions | 20 | | shall be guilty of a Class A misdemeanor; a person who commits | 21 | | a second or subsequent violation of these provisions is guilty | 22 | | of a Class 4 felony: | 23 | | (1) The practice of or attempted practice of or holding | 24 | | out as available to practice as a community association | 25 | | manager or supervising community association manager |
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| 1 | | without a license. | 2 | | (2) Operation of or attempt to operate a community | 3 | | association management firm without a firm license or a | 4 | | designated supervising community association manager. | 5 | | (3) The obtaining of or the attempt to obtain any | 6 | | license or authorization issued under this Act by | 7 | | fraudulent misrepresentation. | 8 | | (b) Whenever a licensee is convicted of a felony related to | 9 | | the violations set forth in this Section, the clerk of the | 10 | | court in any jurisdiction shall promptly report the conviction | 11 | | to the Department and the Department shall immediately revoke | 12 | | any license authorized under this Act held by that licensee. | 13 | | The licensee shall not be eligible for licensure under this Act | 14 | | until at least 10 years have elapsed since the time of full | 15 | | discharge from any sentence imposed for a felony conviction. If | 16 | | any person in making any oath or affidavit required by this Act | 17 | | swears falsely, the person is guilty of perjury and may be | 18 | | punished accordingly.
| 19 | | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.) | 20 | | (225 ILCS 427/165)
| 21 | | (Section scheduled to be repealed on January 1, 2020) | 22 | | Sec. 165. Home rule. The regulation and licensing of | 23 | | community association managers , supervising community | 24 | | association managers, and community association management | 25 | | firms are exclusive powers and functions of the State. A home |
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| 1 | | rule unit may not regulate or license community association | 2 | | managers , supervising community association managers, or | 3 | | community association management firms . This Section is a | 4 | | denial and limitation of home rule powers and functions under | 5 | | subsection (h) of Section 6 of Article VII of the Illinois | 6 | | Constitution.
| 7 | | (Source: P.A. 98-365, eff. 1-1-14.) | 8 | | (225 ILCS 427/42 rep.) | 9 | | Section 10. The Community Association Manager Licensing | 10 | | and Disciplinary Act is amended by repealing Section 42. | 11 | | Section 15. The Common Interest Community Association Act | 12 | | is amended by changing Sections 1-35 and 1-45 as follows: | 13 | | (765 ILCS 160/1-35) | 14 | | Sec. 1-35. Member powers, duties, and obligations. | 15 | | (a) The provisions of this Act, the declaration, bylaws, | 16 | | other community instruments, and rules and regulations that | 17 | | relate to the use of an individual unit or the common areas | 18 | | shall be applicable to any person leasing a unit and shall be | 19 | | deemed to be incorporated in any lease executed or renewed on | 20 | | or after the effective date of this Act. Unless otherwise | 21 | | provided in the community instruments, with regard to any lease | 22 | | entered into subsequent to the effective date of this Act, the | 23 | | unit owner leasing the unit shall deliver a copy of the signed |
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| 1 | | lease to the association or if the lease is oral, a memorandum | 2 | | of the lease, not later than the date of occupancy or 10 days | 3 | | after the lease is signed, whichever occurs first. | 4 | | (b) If there are multiple owners of a single unit, only one | 5 | | of the multiple owners shall be eligible to serve as a member | 6 | | of the board at any one time, unless the unit owner owns | 7 | | another unit independently. | 8 | | (c) Two-thirds of the membership may remove a board member | 9 | | as a director at a duly called special meeting. | 10 | | (d) In the event of any resale of a unit in a common | 11 | | interest community association by a member or unit owner other | 12 | | than the developer, the board shall make available for | 13 | | inspection to the prospective purchaser, upon demand, the | 14 | | following:
| 15 | | (1) A copy of the declaration, other instruments, and | 16 | | any rules and regulations , and any adopted common expense | 17 | | collection policies .
| 18 | | (2) A statement of any liens, including a statement of | 19 | | the account of the unit setting forth the amounts of unpaid | 20 | | assessments and other charges due and owing.
| 21 | | (3) A statement of any capital expenditures | 22 | | anticipated by the association within the current or | 23 | | succeeding 2 fiscal years.
| 24 | | (4) A statement of the status and amount of any reserve | 25 | | or replacement fund and any other fund specifically | 26 | | designated for association projects.
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| 1 | | (5) A copy of the statement of financial condition of | 2 | | the association for the last fiscal year for which such a | 3 | | statement is available.
| 4 | | (6) A statement of the status of any pending suits or | 5 | | judgments in which the association is a party.
| 6 | | (7) A statement setting forth what insurance coverage | 7 | | is provided for all members or unit owners by the | 8 | | association for common properties. | 9 | | (8) A statement setting forth the current assessment | 10 | | obligations, including any special assessments or other | 11 | | common expenses. | 12 | | (9) A statement setting forth the current late fees or | 13 | | interest that may be charged on an unpaid balance, if any.
| 14 | | The principal officer of the board , or such other officer | 15 | | as is specifically designated , or agent for the association | 16 | | shall disclose furnish the above information within 30 days | 17 | | after receiving a written request for such information. | 18 | | A reasonable fee covering the direct out-of-pocket cost of | 19 | | copying and providing such information may be charged by the | 20 | | association or the board to the unit seller for providing the | 21 | | information.
| 22 | | (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; | 23 | | 98-842, eff. 1-1-15 .) | 24 | | (765 ILCS 160/1-45)
| 25 | | Sec. 1-45. Finances. |
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| 1 | | (a) Each member shall receive through a prescribed delivery | 2 | | method, at least 30 days but not more than 60 days prior to the | 3 | | adoption thereof by the board, a copy of the proposed annual | 4 | | budget together with an indication of which portions are | 5 | | intended for reserves, capital expenditures or repairs or | 6 | | payment of real estate taxes. | 7 | | (b) The board shall provide all members with a reasonably | 8 | | detailed summary of the receipts, common expenses, and reserves | 9 | | for the preceding budget year. The board shall (i) make | 10 | | available for review to all members an itemized accounting of | 11 | | the common expenses for the preceding year actually incurred or | 12 | | paid, together with an indication of which portions were for | 13 | | reserves, capital expenditures or repairs or payment of real | 14 | | estate taxes and with a tabulation of the amounts collected | 15 | | pursuant to the budget or assessment, and showing the net | 16 | | excess or deficit of income over expenditures plus reserves or | 17 | | (ii) provide a consolidated annual independent audit report of | 18 | | the financial status of all fund accounts within the | 19 | | association. | 20 | | (c) If an adopted budget or any separate assessment adopted | 21 | | by the board would result in the sum of all regular and | 22 | | separate assessments payable in the current fiscal year | 23 | | exceeding 115% of the sum of all regular and separate | 24 | | assessments payable during the preceding fiscal year, the | 25 | | common interest community association, upon written petition | 26 | | by members with 20% of the votes of the association delivered |
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| 1 | | to the board within 21 14 days of the board action, shall call | 2 | | a meeting of the members within 30 days of the date of delivery | 3 | | of the petition to consider the budget or separate assessment; | 4 | | unless a majority of the total votes of the members are cast at | 5 | | the meeting to reject the budget or separate assessment, it | 6 | | shall be deemed ratified. | 7 | | (d) If total common expenses exceed the total amount of the | 8 | | approved and adopted budget, the common interest community | 9 | | association shall disclose this variance to all its members and | 10 | | specifically identify the subsequent assessments needed to | 11 | | offset this variance in future budgets. | 12 | | (e) Separate assessments for expenditures relating to | 13 | | emergencies or mandated by law may be adopted by the board | 14 | | without being subject to member approval or the provisions of | 15 | | subsection (c) or (f) of this Section. As used herein, | 16 | | "emergency" means a danger to or a compromise of the structural | 17 | | integrity of the common areas or any of the common facilities | 18 | | of the common interest community. "Emergency" also includes a | 19 | | danger to the life, health or safety of the membership. | 20 | | (f) Assessments for additions and alterations to the common | 21 | | areas or to association-owned property not included in the | 22 | | adopted annual budget, shall be separately assessed and are | 23 | | subject to approval of a simple majority of the total members | 24 | | at a meeting called for that purpose. | 25 | | (g) The board may adopt separate assessments payable over | 26 | | more than one fiscal year. With respect to multi-year |
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| 1 | | assessments not governed by subsections (e) and (f) of this | 2 | | Section, the entire amount of the multi-year assessment shall | 3 | | be deemed considered and authorized in the first fiscal year in | 4 | | which the assessment is approved. | 5 | | (h) The board of a common interest community association | 6 | | shall have the authority to establish and maintain a system of | 7 | | master metering of public utility services to collect payments | 8 | | in conjunction therewith, subject to the requirements of the | 9 | | Tenant Utility Payment Disclosure Act.
| 10 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 11 | | 97-1090, eff. 8-24-12.) | 12 | | Section 20. The Condominium Property Act is amended by | 13 | | changing Sections 9.2 and 18.5 as follows:
| 14 | | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| 15 | | Sec. 9.2. Other remedies.
| 16 | | (a) In the event of any default by any unit owner,
his | 17 | | tenant, invitee or guest in the performance of his obligations | 18 | | under this
Act or under the declaration, bylaws, or the rules | 19 | | and regulations of the board
of managers, the board of managers | 20 | | or its agents shall have such rights and
remedies as provided | 21 | | in the Act or condominium instruments including the right
to | 22 | | maintain an action for possession against such defaulting unit | 23 | | owner or his
tenant for the benefit of all the other unit | 24 | | owners in the manner prescribed by
Article IX of the Code of |
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| 1 | | Civil Procedure.
| 2 | | (b) Except for attorney's fees incurred in any litigation | 3 | | or arbitration described in subsection (d) in which a unit | 4 | | owner is deemed by the court or arbitrator to be the prevailing | 5 | | party, any Any attorneys' fees incurred by the Association | 6 | | arising out of an adjudicated a
default by any unit owner, his | 7 | | tenant, invitee or guest in the performance of
any of the | 8 | | provisions of the condominium instruments, rules and | 9 | | regulations or
any applicable statute or ordinance shall be | 10 | | added to, and deemed a part of,
his respective share of the | 11 | | common expense.
| 12 | | (c) Other than attorney's fees, no fees pertaining to the | 13 | | collection of a unit owner's financial obligation to the | 14 | | Association, including fees charged by a manager or managing | 15 | | agent, shall be added to and deemed a part of an owner's | 16 | | respective share of the common expenses unless: (i) the | 17 | | managing agent fees relate to the costs to collect common | 18 | | expenses for the Association; (ii) the fees are set forth in a | 19 | | contract between the managing agent and the Association; and | 20 | | (iii) the authority to add the management fees to an owner's | 21 | | respective share of the common expenses is specifically stated | 22 | | in the declaration or bylaws of the Association. | 23 | | (d) In any litigation or arbitration between a unit owner | 24 | | and the Association or its board of managers or any individual | 25 | | member of the Association or its board of managers regarding: | 26 | | (i) the enforcement of obligations of the board or the |
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| 1 | | Association, set forth either in this Act, the condominium | 2 | | instruments, rules and regulations, or any applicable statute | 3 | | or ordinance; (ii) a disputed charge on the unit owner's | 4 | | account; or (iii) a purported default as described in | 5 | | subsection (a), if the unit owner is deemed by the court or | 6 | | arbitrator to be the prevailing party, then the court or the | 7 | | arbitrator shall award to the unit owner from the | 8 | | non-prevailing party reasonable attorney's fees and costs | 9 | | incurred by the unit owner in the litigation or arbitration.
| 10 | | (Source: P.A. 94-384, eff. 1-1-06.)
| 11 | | (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
| 12 | | Sec. 18.5. Master Associations.
| 13 | | (a) If the declaration, other condominium instrument, or | 14 | | other duly
recorded covenants provide that any of the powers of | 15 | | the unit owners
associations are to be exercised by or may be | 16 | | delegated to a nonprofit
corporation or unincorporated | 17 | | association that exercises
those or other powers on behalf of | 18 | | one or more condominiums, or for the
benefit of the unit owners | 19 | | of one or more condominiums, such
corporation or association | 20 | | shall be a master association.
| 21 | | (b) There shall be included in the declaration, other
| 22 | | condominium instruments, or other duly recorded covenants | 23 | | establishing
the powers and duties of the master association | 24 | | the provisions set forth in
subsections (c) through (h).
| 25 | | In interpreting subsections (c) through (h), the courts |
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| 1 | | should
interpret these provisions so that they are interpreted | 2 | | consistently with
the similar parallel provisions found in | 3 | | other parts of this Act.
| 4 | | (c) Meetings and finances.
| 5 | | (1) Each unit owner of a condominium subject to the | 6 | | authority of
the board of the master association shall | 7 | | receive, at least 30 days prior
to the adoption thereof by | 8 | | the board of the master association, a copy of
the proposed | 9 | | annual budget.
| 10 | | (2) The board of the master association shall annually | 11 | | supply to
all unit owners of condominiums subject to the | 12 | | authority of the board
of the master association an | 13 | | itemized accounting of the common
expenses for the | 14 | | preceding year actually incurred or paid, together with a
| 15 | | tabulation of the amounts collected pursuant to the budget | 16 | | or assessment,
and showing the net excess or deficit of | 17 | | income over expenditures plus
reserves.
| 18 | | (3) Each unit owner of a condominium subject to the | 19 | | authority of
the board of the master association shall | 20 | | receive written notice mailed
or delivered no less than 10 | 21 | | and no more than 30 days prior to any meeting
of the board | 22 | | of the master association concerning the adoption of the | 23 | | proposed
annual budget or any increase in the budget, or | 24 | | establishment of an
assessment.
| 25 | | (4) Meetings of the board of the master association | 26 | | shall be open
to any unit owner in a condominium subject to |
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| 1 | | the authority of the board
of the master association, | 2 | | except for the portion of any meeting held:
| 3 | | (A) to discuss litigation when an action against or | 4 | | on behalf of the
particular master association has been | 5 | | filed and is pending in a court or
administrative | 6 | | tribunal, or when the board of the master association | 7 | | finds
that such an action is probable or imminent,
| 8 | | (B) to consider information regarding appointment, | 9 | | employment or
dismissal of an employee, or
| 10 | | (C) to discuss violations of rules and regulations | 11 | | of the master
association or unpaid common expenses | 12 | | owed to the master association.
| 13 | | Any vote on these matters shall be taken at a meeting or | 14 | | portion thereof
open to any unit owner of a condominium | 15 | | subject to the authority of the
master association.
| 16 | | Any unit owner may record the proceedings at meetings | 17 | | required
to be open by this Act by tape, film or other | 18 | | means; the board may
prescribe reasonable rules and | 19 | | regulations to govern the right to make such
recordings. | 20 | | Notice of meetings shall be mailed or delivered at least 48
| 21 | | hours prior thereto, unless a written waiver of such notice | 22 | | is signed by
the persons entitled to notice before the | 23 | | meeting is convened. Copies of
notices of meetings of the | 24 | | board of the master association shall be posted
in | 25 | | entranceways, elevators, or other conspicuous places in | 26 | | the condominium
at least 48 hours prior to the meeting of |
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| 1 | | the board of the master
association. Where there is no | 2 | | common entranceway for 7 or more units, the
board of the | 3 | | master association may designate one or more locations in | 4 | | the
proximity of these units where the notices of meetings | 5 | | shall be posted.
| 6 | | (5) If the declaration provides for election by unit | 7 | | owners of members
of the board of directors in the event of | 8 | | a resale of a unit in the master
association, the purchaser | 9 | | of a unit from a seller other than the developer
pursuant | 10 | | to an installment contract for purchase shall, during such
| 11 | | times as he or she resides in the unit, be counted toward a | 12 | | quorum for
purposes of election of members of the board of | 13 | | directors at any
meeting of the unit owners called for | 14 | | purposes of electing members of the
board, and shall have | 15 | | the right to vote for the election of members of
the board | 16 | | of directors and to be elected to and serve on the board of
| 17 | | directors unless the seller expressly retains in writing
| 18 | | any or all of those rights. In no event may the seller and
| 19 | | purchaser both be counted toward a quorum, be permitted to | 20 | | vote for a
particular office, or be elected and serve on | 21 | | the board. Satisfactory
evidence of the installment | 22 | | contract shall be made available to the
association or its | 23 | | agents. For purposes of this subsection, "installment
| 24 | | contract" shall have the same meaning as set forth in | 25 | | subsection (e) of
Section 1 of the Dwelling Unit | 26 | | Installment Contract Act.
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| 1 | | (6) The board of the master association shall have the | 2 | | authority to
establish and maintain a system of master | 3 | | metering of public utility
services and to collect payments | 4 | | in connection therewith, subject to the
requirements of the | 5 | | Tenant Utility Payment Disclosure Act.
| 6 | | (7) The board of the master association or a common | 7 | | interest community
association shall have the power, after | 8 | | notice and an opportunity to be heard,
to levy and collect | 9 | | reasonable fines from members for violations of the
| 10 | | declaration, bylaws, and rules and regulations of the | 11 | | master association or
the common interest community | 12 | | association . Nothing contained in this
subdivision (7) | 13 | | shall give rise to a statutory lien for unpaid fines.
| 14 | | (8) Other than attorney's fees, no fees pertaining to | 15 | | the collection of a unit owner's financial obligation to | 16 | | the Association, including fees charged by a manager or | 17 | | managing agent, shall be added to and deemed a part of an | 18 | | owner's respective share of the common expenses unless: (i) | 19 | | the managing agent fees relate to the costs to collect | 20 | | common expenses for the Association; (ii) the fees are set | 21 | | forth in a contract between the managing agent and the | 22 | | Association; and (iii) the authority to add the management | 23 | | fees to an owner's respective share of the common expenses | 24 | | is specifically stated in the declaration or bylaws of the | 25 | | Association. | 26 | | (d) Records.
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| 1 | | (1) The board of the master association shall keep and | 2 | | maintain the following
records , or true and complete copies | 3 | | of the records, at the association's principal office of | 4 | | the association and make them available for examination and
| 5 | | copying at convenient hours of weekdays by any unit owners | 6 | | in a condominium
subject to the authority of the board or | 7 | | their mortgagees and their duly
authorized agents or | 8 | | attorneys :
| 9 | | (i) the association's declaration, bylaws, and | 10 | | plats of survey, and all amendments of the | 11 | | association's declaration, bylaws, and plats of | 12 | | survey; | 13 | | (ii) the rules and regulations of the association, | 14 | | if any; | 15 | | (iii) if the association is incorporated as a | 16 | | corporation, the articles of incorporation of the | 17 | | association and all amendments to the articles of | 18 | | incorporation; | 19 | | (iv) minutes of all meetings of the association and | 20 | | its board of managers for the immediately preceding 7 | 21 | | years; | 22 | | (v) all current policies of insurance of the | 23 | | association; | 24 | | (vi) all contracts, leases, and other agreements | 25 | | then in effect to which the association is a party or | 26 | | under which the association or the unit owners have |
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| 1 | | obligations or liabilities; | 2 | | (vii) a current listing of the names, addresses, | 3 | | email addresses, telephone numbers, and weighted vote | 4 | | of all members entitled to vote; | 5 | | (viii) ballots and proxies related to ballots for | 6 | | all matters voted on by the members of the association | 7 | | during the immediately preceding 12 months, including, | 8 | | but not limited to, the election of members of the | 9 | | board of managers; and | 10 | | (ix) the books and records for the association's | 11 | | current and 10 immediately preceding fiscal years, | 12 | | including, but not limited to, itemized and detailed | 13 | | records of all receipts, expenditures, and accounts. | 14 | | With respect to units owned by a land trust, if a | 15 | | trustee
designates in writing a person to cast votes on | 16 | | behalf of the unit
owner, the designation shall remain in | 17 | | effect until a subsequent document
is filed with the | 18 | | association. | 19 | | (2) Any member of an association has the right to | 20 | | inspect, examine, and make copies of the records described | 21 | | in subdivisions (i), (ii), (iii), (iv), (v), (vi), and (ix) | 22 | | of paragraph (1) of this subsection, in person or by agent, | 23 | | at any reasonable time or times, at the association's | 24 | | principal office. In order to exercise this right, a member | 25 | | must submit a written request to the association's board of | 26 | | directors or its authorized agent, stating with |
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| 1 | | particularity the records sought. Failure of an | 2 | | association's board of directors to make available all | 3 | | requested records within 10 days of receipt of the member's | 4 | | written request shall be deemed a denial. | 5 | | Any member who prevails in an enforcement action to | 6 | | compel examination of records described in subdivisions | 7 | | (i), (ii), (iii), (iv), (v), (vi), and (ix) of paragraph | 8 | | (1) of this subsection is entitled to recover reasonable | 9 | | attorney's fees and costs from the association. | 10 | | (2.5) As used in this Section, "commercial purpose" | 11 | | means the use of any part of a record or records described | 12 | | in subdivisions (vii) and (viii) of paragraph (1) of this | 13 | | subsection, or information derived from such records, in | 14 | | any form for sale, resale, or solicitation or advertisement | 15 | | for sales or services. | 16 | | (3) Except as otherwise provided in this subsection, | 17 | | any member of an association has the right to inspect, | 18 | | examine, and make copies of the records described in | 19 | | subdivisions (vii) and (viii) of paragraph (1) of this | 20 | | subsection, in person or by agent, at any reasonable time | 21 | | or times, but only for a purpose that relates to the | 22 | | association, at the association's principal office. In | 23 | | order to exercise this right, a member must submit a | 24 | | written request to the association's board of directors or | 25 | | its authorized agent, stating with particularity the | 26 | | records sought to be examined. As a condition for |
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| 1 | | exercising this right, the board of managers or authorized | 2 | | agent of the association may require the member to certify | 3 | | in writing that the information contained in the records | 4 | | obtained by the member will not be used by the member for | 5 | | any commercial purpose or for any purpose that does not | 6 | | relate to the association. The board of managers of the | 7 | | association may impose a fine in accordance with item (l) | 8 | | of Section 18.4 upon any person who makes a false | 9 | | certification. Subject to the provisions of paragraph (5) | 10 | | of this subsection, failure of an association's board of | 11 | | directors to make available all requested records within 10 | 12 | | business days of receipt of the member's written request | 13 | | shall be deemed a denial; however, the board of directors | 14 | | of an association that has adopted a secret ballot election | 15 | | process shall not be deemed to have denied a member's | 16 | | request for records described in subdivision (viii) of | 17 | | paragraph (1) of this subsection if voting ballots, without | 18 | | identifying unit numbers, are made available to the | 19 | | requesting member within 10 days of receipt of the member's | 20 | | written request. | 21 | | Any member who prevails in an enforcement action to | 22 | | compel examination of records described in subdivisions | 23 | | (vii) or (viii) of paragraph (1) of this subsection is | 24 | | entitled to recover reasonable attorney's fees and costs | 25 | | from the association only if the court finds that the board | 26 | | of directors acted in bad faith in denying the member's |
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| 1 | | request. | 2 | | (4) The actual cost to the association of retrieving | 3 | | and making requested records available for inspection and | 4 | | examination under this Section may be charged by the | 5 | | association to the requesting member. If a member requests | 6 | | copies of records under this Section, the actual costs to | 7 | | the association of reproducing the records may also be | 8 | | charged by the association to the requesting member. | 9 | | (5) Notwithstanding the other provisions of this | 10 | | subsection, unless otherwise directed by court order, an | 11 | | association need not make the following records available | 12 | | for inspection, examination, or copying by its members: | 13 | | (i) documents relating to appointment, employment, | 14 | | discipline, or dismissal of association employees; | 15 | | (ii) documents relating to actions pending against | 16 | | or on behalf of the association or its board of | 17 | | managers in a court or administrative tribunal; | 18 | | (iii) documents relating to actions threatened | 19 | | against, or likely to be asserted on behalf of, the | 20 | | association or its board of directors in a court or | 21 | | administrative tribunal; | 22 | | (iv) documents relating to common expenses or | 23 | | other charges owed by a member other than the | 24 | | requesting member; and | 25 | | (v) documents provided to an association in | 26 | | connection with the lease, sale, or other transfer of a |
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| 1 | | unit by a member other than the requesting member.
| 2 | | (i) Copies of the recorded declaration, other | 3 | | condominium instruments,
other duly recorded covenants | 4 | | and bylaws and any amendments, articles of
| 5 | | incorporation of the master association, annual | 6 | | reports and any rules and
regulations adopted by the | 7 | | master association or its board shall
be available. | 8 | | Prior to the organization of the master association, | 9 | | the
developer shall maintain and make available the | 10 | | records set forth in this
subdivision (d)(1) for | 11 | | examination and copying.
| 12 | | (ii) Detailed and accurate records in | 13 | | chronological order of the
receipts and expenditures | 14 | | affecting the common areas, specifying and
itemizing | 15 | | the maintenance and repair expenses of the common areas | 16 | | and any
other expenses incurred, and copies of all | 17 | | contracts, leases, or other
agreements entered into by | 18 | | the master association, shall be maintained.
| 19 | | (iii) The minutes of all meetings of the master | 20 | | association and the
board of the master association | 21 | | shall be maintained for not less than 7 years.
| 22 | | (iv) Ballots and proxies related thereto, if any, | 23 | | for any election
held for the board of the master | 24 | | association and for any other matters
voted on by the | 25 | | unit owners shall be maintained for
not less than one | 26 | | year.
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| 1 | | (v) Such other records of the master association as | 2 | | are available
for inspection by members of a | 3 | | not-for-profit corporation pursuant to
Section 107.75 | 4 | | of the General Not For Profit Corporation Act of 1986 | 5 | | shall
be maintained.
| 6 | | (vi) With respect to units owned by a land trust, | 7 | | if a trustee
designates in writing a person to cast | 8 | | votes on behalf of the unit
owner, the designation | 9 | | shall remain in effect until a subsequent document
is | 10 | | filed with the association.
| 11 | | (2) Where a request for records under this subsection | 12 | | is made in writing
to the board of managers or its agent, | 13 | | failure to provide the requested
record or to respond | 14 | | within 30 days shall be deemed a denial by the board
of | 15 | | directors.
| 16 | | (3) A reasonable fee may be charged by the master | 17 | | association or its
board for the cost of copying.
| 18 | | (4) If the board of directors fails to provide records | 19 | | properly
requested under subdivision (d)(1) within the
| 20 | | time period provided in subdivision (d)(2), the
unit owner | 21 | | may seek appropriate relief, including an award of
| 22 | | attorney's fees and costs.
| 23 | | (e) The board of directors shall have standing and capacity | 24 | | to act in
a representative capacity in relation to matters | 25 | | involving the common areas
of the master association or more | 26 | | than one unit, on behalf of the unit
owners as their interests |
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| 1 | | may appear.
| 2 | | (f) Administration of property prior to election of the | 3 | | initial board
of directors.
| 4 | | (1) Until the election, by the unit owners or the | 5 | | boards of
managers of the underlying condominium | 6 | | associations, of the initial board
of directors of a master | 7 | | association whose declaration is recorded on
or after | 8 | | August 10, 1990, the same rights, titles, powers, | 9 | | privileges,
trusts, duties and obligations that are vested | 10 | | in or imposed upon the board
of directors by this Act or in | 11 | | the declaration or other duly recorded
covenant shall be | 12 | | held and performed by the developer.
| 13 | | (2) The election of the initial board of directors of a | 14 | | master
association whose declaration is recorded on or | 15 | | after August 10, 1990, by
the unit owners or the boards of | 16 | | managers of the underlying condominium
associations, shall | 17 | | be held not later than 60 days after the conveyance by
the | 18 | | developer of 75% of the units, or 3 years after the | 19 | | recording of the
declaration, whichever is earlier. The | 20 | | developer shall give at least 21
days notice of the meeting | 21 | | to elect the initial board of directors and
shall upon | 22 | | request provide to any unit owner, within 3 working days of | 23 | | the
request, the names, addresses, and weighted vote of | 24 | | each unit owner entitled to vote at the
meeting. Any unit | 25 | | owner shall upon receipt of the request be provided with
| 26 | | the same
information, within 10 days of the request, with |
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| 1 | | respect to
each
subsequent meeting to elect members of the | 2 | | board of directors.
| 3 | | (3) If the initial board of directors of a master | 4 | | association
whose declaration is recorded on or after | 5 | | August 10, 1990 is not elected by
the unit owners or the | 6 | | members of the underlying condominium association
board of | 7 | | managers at the time established in subdivision (f)(2), the
| 8 | | developer shall continue in office for a period of 30 days, | 9 | | whereupon
written notice of his resignation shall be sent | 10 | | to all of the unit owners
or members of the underlying | 11 | | condominium board of managers entitled to vote
at an | 12 | | election for members of the board of directors.
| 13 | | (4) Within 60 days following the election of a majority | 14 | | of the board
of directors, other than the developer, by | 15 | | unit owners, the developer shall
deliver to the board of | 16 | | directors:
| 17 | | (i) All original documents as recorded or filed | 18 | | pertaining to the
property, its administration, and | 19 | | the association, such as the declaration,
articles of | 20 | | incorporation, other instruments, annual reports, | 21 | | minutes,
rules and regulations, and contracts, leases, | 22 | | or other
agreements entered into by the association. If | 23 | | any original documents are
unavailable, a copy may be | 24 | | provided if certified by affidavit of the
developer, or | 25 | | an officer or agent of the developer, as being a | 26 | | complete
copy of the actual document recorded or filed.
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| 1 | | (ii) A detailed accounting by the developer, | 2 | | setting forth the
source and nature of receipts and | 3 | | expenditures in connection with the
management, | 4 | | maintenance and operation of the property, copies
of | 5 | | all insurance policies, and a list of any loans or | 6 | | advances to the
association which are outstanding.
| 7 | | (iii) Association funds, which shall have been at | 8 | | all times
segregated from any other moneys of the | 9 | | developer.
| 10 | | (iv) A schedule of all real or personal property, | 11 | | equipment and
fixtures belonging to the association, | 12 | | including documents transferring the
property, | 13 | | warranties, if any, for all real and personal property | 14 | | and
equipment, deeds, title insurance policies, and | 15 | | all tax bills.
| 16 | | (v) A list of all litigation, administrative | 17 | | action and arbitrations
involving the association, any | 18 | | notices of governmental bodies involving
actions taken | 19 | | or which may be taken concerning the association, | 20 | | engineering and
architectural drawings and | 21 | | specifications as approved by any governmental
| 22 | | authority, all other documents filed with any other | 23 | | governmental authority,
all governmental certificates, | 24 | | correspondence involving enforcement of any
| 25 | | association requirements, copies of any documents | 26 | | relating to disputes
involving unit owners, and |
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| 1 | | originals of all documents relating to
everything | 2 | | listed in this subparagraph.
| 3 | | (vi) If the developer fails to fully comply with | 4 | | this paragraph (4)
within
the 60 days
provided and | 5 | | fails to fully comply within 10 days of written demand | 6 | | mailed by
registered
or certified mail to his or her | 7 | | last known address, the board may bring an
action to
| 8 | | compel compliance with this paragraph (4).
If the court | 9 | | finds that any of the
required
deliveries were not made | 10 | | within the required period, the board shall be
entitled | 11 | | to recover
its reasonable attorneys' fees and costs | 12 | | incurred from and after the date of
expiration of
the | 13 | | 10 day demand.
| 14 | | (5) With respect to any master association whose | 15 | | declaration is
recorded on or after August 10, 1990, any | 16 | | contract, lease, or other
agreement made prior to the | 17 | | election of a majority of the board of
directors other than | 18 | | the developer by or on behalf of unit owners or
underlying | 19 | | condominium associations, the association or the board of
| 20 | | directors, which extends for a period of more than 2 years | 21 | | from the
recording of the declaration, shall be subject to | 22 | | cancellation by more than
1/2 of the votes of the unit | 23 | | owners, other than the developer, cast at a
special meeting | 24 | | of members called for that purpose during a period of 90
| 25 | | days prior to the expiration of the 2 year period if the | 26 | | board of managers
is elected by the unit owners, otherwise |
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| 1 | | by more than 1/2 of the underlying
condominium board of | 2 | | managers. At least 60 days prior to the expiration of
the 2 | 3 | | year period, the board of directors, or, if the board is | 4 | | still under
developer control, then the board of managers | 5 | | or the developer shall send
notice to every unit owner or | 6 | | underlying condominium board of managers,
notifying them | 7 | | of this provision, of what contracts, leases and other
| 8 | | agreements are affected, and of the procedure for calling a | 9 | | meeting of the
unit owners or for action by the underlying | 10 | | condominium board of managers
for the purpose of acting to | 11 | | terminate such contracts, leases or other
agreements. | 12 | | During the 90 day period the other party to the contract,
| 13 | | lease, or other agreement shall also have the right of | 14 | | cancellation.
| 15 | | (6) The statute of limitations for any actions in law | 16 | | or equity which
the master association may bring shall not | 17 | | begin to run until the unit
owners or underlying | 18 | | condominium board of managers have elected a majority
of | 19 | | the members of the board of directors.
| 20 | | (g) In the event of any resale of a unit in a master | 21 | | association by a unit
owner other than the developer, the owner | 22 | | shall obtain from
the board of directors and shall make | 23 | | available for inspection to the
prospective purchaser, upon | 24 | | demand, the following:
| 25 | | (1) A copy of the declaration, other instruments and | 26 | | any rules and
regulations.
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| 1 | | (2) A statement of any liens, including a statement of | 2 | | the account of
the unit setting forth the amounts of unpaid | 3 | | assessments and other charges
due and owing.
| 4 | | (3) A statement of any capital expenditures | 5 | | anticipated by the
association within the current or | 6 | | succeeding 2 fiscal years.
| 7 | | (4) A statement of the status and amount of any reserve | 8 | | for
replacement fund and any portion of such fund earmarked | 9 | | for any specified
project by the board of directors.
| 10 | | (5) A copy of the statement of financial condition of | 11 | | the association
for the last fiscal year for which such a | 12 | | statement is available.
| 13 | | (6) A statement of the status of any pending suits or | 14 | | judgments in which
the association is a party that may have | 15 | | a material adverse impact on the association's financial | 16 | | condition .
| 17 | | (7) A statement setting forth what insurance coverage | 18 | | is provided for
all unit owners by the association.
| 19 | | (8) A statement that any known improvements or | 20 | | alterations made to the unit,
or any part of the common | 21 | | areas assigned thereto, by the prior unit owner
are in good | 22 | | faith believed to be in compliance with the declaration of | 23 | | the
master association.
| 24 | | The principal officer of the unit owner's association or | 25 | | such
other officer , manager, or agent as is specifically | 26 | | designated shall furnish the above
information when requested |
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| 1 | | to do so in writing, within
30 days of receiving the request.
| 2 | | A reasonable fee covering the direct out-of-pocket cost of | 3 | | copying
and providing such information may be charged
by the | 4 | | association or its board of directors to the unit
seller for | 5 | | providing the information.
| 6 | | Within 15 days of the recording of a mortgage or trust deed | 7 | | against a unit ownership given by the owner of that unit to | 8 | | secure a debt, the owner shall inform the board of the master | 9 | | association of the identity of the lender, together with a | 10 | | mailing address at which the lender can receive notices from | 11 | | the association. If a unit owner fails or refuses to inform the | 12 | | board as required under this subsection, then that unit owner | 13 | | is liable to the association for all costs, expenses, and | 14 | | reasonable attorney's fees and other damages, if any, incurred | 15 | | by the association as a result of the failure or refusal. | 16 | | (g-1) The purchaser of a unit of a common interest | 17 | | community at a judicial foreclosure sale, other than a | 18 | | mortgagee, who takes possession of a unit of a common interest | 19 | | community pursuant to a court order or a purchaser who acquires | 20 | | title from a mortgagee shall have the duty to pay the | 21 | | proportionate share, if any, of the common expenses for the | 22 | | unit that would have become due in the absence of any | 23 | | assessment acceleration during the 6 months immediately | 24 | | preceding institution of an action to enforce the collection of | 25 | | assessments and the court costs incurred by the association in | 26 | | an action to enforce the collection that remain unpaid by the |
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| 1 | | owner during whose possession the assessments accrued. If the | 2 | | outstanding assessments and the court costs incurred by the | 3 | | association in an action to enforce the collection are paid at | 4 | | any time during any action to enforce the collection of | 5 | | assessments, the purchaser shall have no obligation to pay any | 6 | | assessments that accrued before he or she acquired title. The | 7 | | notice of sale of a unit of a common interest community under | 8 | | subsection (c) of Section 15-1507 of the Code of Civil | 9 | | Procedure shall state that the purchaser of the unit other than | 10 | | a mortgagee shall pay the assessments and court costs required | 11 | | by this subsection (g-1).
| 12 | | (h) Errors and omissions.
| 13 | | (1) If there is an omission or error in the declaration | 14 | | or other
instrument of the master association, the master | 15 | | association may correct
the error or omission by an | 16 | | amendment to the declaration or other
instrument, as may be | 17 | | required to conform it to this Act, to any other
applicable | 18 | | statute, or to the declaration. The amendment shall be | 19 | | adopted
by vote of two-thirds of the members of the board | 20 | | of directors or by a
majority vote of the unit owners at a | 21 | | meeting called for that purpose,
unless the Act or the | 22 | | declaration of the master association specifically
| 23 | | provides for greater percentages or different procedures.
| 24 | | (2) If, through a scrivener's error, a unit has not | 25 | | been
designated as owning an appropriate undivided share of | 26 | | the common areas
or does not bear an appropriate share of |
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| 1 | | the common expenses, or if
all of the common expenses or | 2 | | all of the common elements in
the condominium have not been | 3 | | distributed in the declaration, so that the
sum total of | 4 | | the shares of common areas which have been distributed or | 5 | | the
sum total of the shares of the common expenses fail to | 6 | | equal 100%, or if it
appears that more than 100% of the | 7 | | common elements or common expenses have
been distributed, | 8 | | the error may be corrected by operation of law by filing
an | 9 | | amendment to the declaration, approved by vote of | 10 | | two-thirds of the
members of the board of directors or a | 11 | | majority vote of the unit owners at
a meeting called for | 12 | | that purpose, which proportionately
adjusts all percentage | 13 | | interests so that the total is equal to 100%,
unless the | 14 | | declaration specifically provides for a different | 15 | | procedure or
different percentage vote by the owners of the | 16 | | units and the owners of
mortgages thereon affected by | 17 | | modification being made in the undivided
interest in the | 18 | | common areas, the number of votes in the unit owners
| 19 | | association or the liability for common expenses | 20 | | appertaining to the unit.
| 21 | | (3) If an omission or error or a scrivener's error in | 22 | | the
declaration or other instrument is corrected by vote of | 23 | | two-thirds of
the members of the board of directors | 24 | | pursuant to the authority established
in subdivisions | 25 | | (h)(1) or (h)(2) of this Section, the board, upon
written | 26 | | petition by unit owners with 20% of the votes of the |
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| 1 | | association or
resolutions adopted by the board of managers | 2 | | or board of directors of the
condominium and common | 3 | | interest community associations which select 20% of
the | 4 | | members of the board of directors of the master | 5 | | association, whichever
is applicable, received within 30 | 6 | | days of the board action, shall call a
meeting of the unit | 7 | | owners or the boards of the condominium and common
interest | 8 | | community associations which select members of the board of
| 9 | | directors of the master association within 30 days of the | 10 | | filing of the
petition or receipt of the condominium and | 11 | | common interest community
association resolution to | 12 | | consider the board action. Unless a majority of
the votes | 13 | | of the unit owners of the association are cast at the | 14 | | meeting to
reject the action, or board of managers or board | 15 | | of directors of
condominium and common interest community | 16 | | associations which select over
50% of the members of the | 17 | | board of the master association adopt resolutions
prior to | 18 | | the meeting rejecting the action of the board of directors | 19 | | of the
master association, it is ratified whether or not a | 20 | | quorum is present.
| 21 | | (4) The procedures for amendments set forth in this | 22 | | subsection (h)
cannot be used if such an amendment would | 23 | | materially or adversely affect
property rights of the unit | 24 | | owners unless the affected unit owners consent
in writing. | 25 | | This Section does not restrict the powers of the | 26 | | association
to otherwise amend the declaration, bylaws, or |
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| 1 | | other condominium
instruments, but authorizes a simple | 2 | | process of amendment requiring a
lesser vote for the | 3 | | purpose of correcting defects, errors, or omissions
when | 4 | | the property rights of the unit owners are not materially | 5 | | or adversely
affected.
| 6 | | (5) If there is an omission or error in the declaration | 7 | | or other
instruments that may not be corrected by an | 8 | | amendment procedure
set forth in subdivision (h)(1) or | 9 | | (h)(2) of this Section, then
the circuit court in the | 10 | | county in which the master
association is located shall | 11 | | have jurisdiction to hear a petition of one or
more of the | 12 | | unit owners thereon or of the association, to correct the | 13 | | error
or omission, and the action may be a class action. | 14 | | The court may require
that one or more methods of | 15 | | correcting the error or omission be submitted
to the unit | 16 | | owners to determine the most acceptable correction. All | 17 | | unit
owners in the association must be joined as parties to | 18 | | the action. Service
of process on owners may be by | 19 | | publication, but the plaintiff shall furnish
all unit | 20 | | owners not personally served with process with copies of | 21 | | the
petition and final judgment of the court by certified | 22 | | mail, return receipt
requested, at their last known | 23 | | address.
| 24 | | (6) Nothing contained in this Section shall be | 25 | | construed to invalidate
any provision of a declaration | 26 | | authorizing the developer to amend
an instrument prior to |
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| 1 | | the latest date on which the initial
membership meeting of | 2 | | the unit owners must be held, whether or not it has
| 3 | | actually been held, to bring the instrument into compliance | 4 | | with the legal
requirements of the Federal National | 5 | | Mortgage Association, the Federal Home
Loan Mortgage | 6 | | Corporation, the Federal Housing Administration, the | 7 | | United
States Veterans Administration or their respective | 8 | | successors and assigns.
| 9 | | (i) The provisions of subsections (c) through (h) are | 10 | | applicable
to all declarations, other condominium instruments, | 11 | | and other
duly recorded covenants establishing the powers and | 12 | | duties of the master
association recorded under this Act. Any | 13 | | portion of a declaration,
other condominium instrument, or | 14 | | other duly recorded covenant establishing
the powers and duties | 15 | | of a master association which contains provisions
contrary to | 16 | | the provisions of subsection (c) through (h) shall be void as
| 17 | | against public policy and ineffective. Any declaration, other | 18 | | condominium
instrument, or other duly recorded covenant | 19 | | establishing the powers and
duties of the master association | 20 | | which fails to contain the provisions
required by subsections | 21 | | (c) through (h) shall be deemed to incorporate such
provisions | 22 | | by operation of law.
| 23 | | (j) (Blank).
| 24 | | (Source: P.A. 96-1045, eff. 7-14-10; 97-535, eff. 1-1-12; | 25 | | 97-605, eff. 8-26-11; 97-813, eff. 7-13-12.)".
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