Full Text of SB3193 102nd General Assembly
SB3193sam002 102ND GENERAL ASSEMBLY | Sen. Meg Loughran Cappel Filed: 2/15/2022
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| 1 | | AMENDMENT TO SENATE BILL 3193
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3193, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 1, on page 3, immediately below line 25, by inserting the | 5 | | following:
| 6 | | "Section 10. The Common Interest Community Association Act | 7 | | is amended by changing Section 1-35 as follows: | 8 | | (765 ILCS 160/1-35) | 9 | | Sec. 1-35. Member powers, duties, and obligations. | 10 | | (a) The provisions of this Act, the declaration, bylaws, | 11 | | other community instruments, and rules and regulations that | 12 | | relate to the use of an individual unit or the common areas | 13 | | shall be applicable to any person leasing a unit and shall be | 14 | | deemed to be incorporated in any lease executed or renewed on | 15 | | or after the effective date of this Act. Unless otherwise | 16 | | provided in the community instruments, with regard to any |
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| 1 | | lease entered into subsequent to the effective date of this | 2 | | Act, the unit owner leasing the unit shall deliver a copy of | 3 | | the signed lease to the association or if the lease is oral, a | 4 | | memorandum of the lease, not later than the date of occupancy | 5 | | or 10 days after the lease is signed, whichever occurs first. | 6 | | (b) If there are multiple owners of a single unit, only one | 7 | | of the multiple owners shall be eligible to serve as a member | 8 | | of the board at any one time, unless the unit owner owns | 9 | | another unit independently. | 10 | | (c) Two-thirds of the membership may remove a board member | 11 | | as a director at a duly called special meeting. | 12 | | (d) In the event of any resale of a unit in a common | 13 | | interest community association by a member or unit owner other | 14 | | than the developer, the board shall make available for | 15 | | inspection to the prospective purchaser, upon demand, the | 16 | | following:
| 17 | | (1) A copy of the declaration, other instruments, and | 18 | | any rules and regulations.
| 19 | | (2) A statement of any liens, including a statement of | 20 | | the account of the unit setting forth the amounts of | 21 | | unpaid assessments and other charges due and owing.
| 22 | | (3) A statement of any capital expenditures | 23 | | anticipated by the association within the current or | 24 | | succeeding 2 fiscal years.
| 25 | | (4) A statement of the status and amount of any | 26 | | reserve or replacement fund and any other fund |
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| 1 | | specifically designated for association projects.
| 2 | | (5) A copy of the statement of financial condition of | 3 | | the association for the last fiscal year for which such a | 4 | | statement is available.
| 5 | | (6) A statement of the status of any pending suits or | 6 | | judgments in which the association is a party.
| 7 | | (7) A statement setting forth what insurance coverage | 8 | | is provided for all members or unit owners by the | 9 | | association for common properties.
| 10 | | The principal officer of the board or such other officer | 11 | | as is specifically designated shall furnish the above | 12 | | information within 30 days after receiving a written request | 13 | | for such information. | 14 | | A reasonable fee , not to exceed $250, covering the direct | 15 | | out-of-pocket cost of copying and providing such information | 16 | | may be charged by the association or the board to the unit | 17 | | seller for providing the information. The
association or its | 18 | | board may charge an additional
rush fee of not more than $100 | 19 | | if the information requested
under this Section is needed | 20 | | within 72 hours after the request for the information is made.
| 21 | | (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; | 22 | | 98-842, eff. 1-1-15 .)".
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