Full Text of SB2485 100th General Assembly
SB2485eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Sections 9, 9.2, 18, and 18.4 as follows:
| 6 | | (765 ILCS 605/9) (from Ch. 30, par. 309)
| 7 | | Sec. 9. Sharing of expenses - Lien for nonpayment.
| 8 | | (a) All common expenses incurred or accrued prior to the | 9 | | first conveyance
of a unit shall be paid by the developer, and | 10 | | during this period no common
expense assessment shall be | 11 | | payable to the association. It shall be the duty
of each unit | 12 | | owner including the developer to pay his or her proportionate | 13 | | share of
the common expenses commencing with the first | 14 | | conveyance. The proportionate
share shall be in the same ratio | 15 | | as his or her percentage of ownership in the common
elements | 16 | | set forth in the declaration.
| 17 | | (b) The condominium instruments may provide that common | 18 | | expenses for
insurance premiums be assessed on a basis | 19 | | reflecting increased charges for
coverage on certain units.
| 20 | | (c) Budget and reserves.
| 21 | | (1) The board of managers shall prepare and distribute | 22 | | to
all unit owners a detailed proposed annual budget, | 23 | | setting forth with
particularity all anticipated common |
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| 1 | | expenses by category as well as all
anticipated assessments | 2 | | and other income. The initial budget and common
expense | 3 | | assessment based thereon shall be adopted prior to the
| 4 | | conveyance of any unit. The budget shall also set forth | 5 | | each unit owner's
proposed common expense assessment.
| 6 | | (2) All budgets adopted by a board of managers on or | 7 | | after July 1, 1990
shall provide for reasonable reserves | 8 | | for capital expenditures and deferred
maintenance for | 9 | | repair or replacement of the common elements. To determine
| 10 | | the amount of reserves appropriate for an association, the | 11 | | board of
managers shall take into consideration the | 12 | | following: (i) the repair and
replacement cost, and the | 13 | | estimated useful life, of the property which the
| 14 | | association is obligated to maintain, including but not | 15 | | limited to
structural and mechanical components, surfaces | 16 | | of the buildings and common
elements, and energy systems | 17 | | and equipment; (ii) the current and
anticipated return on | 18 | | investment of association funds; (iii) any
independent | 19 | | professional reserve study which the association may | 20 | | obtain;
(iv) the financial impact on unit owners, and the | 21 | | market value of the
condominium units, of any assessment | 22 | | increase needed to fund reserves; and
(v) the ability of | 23 | | the association to obtain financing or refinancing.
| 24 | | (3) Notwithstanding the provisions of this subsection | 25 | | (c), an
association without a reserve requirement in its | 26 | | condominium
instruments may elect to waive in whole or in |
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| 1 | | part the reserve requirements
of this Section by a vote of | 2 | | 2/3 of the total votes of the association.
Any association | 3 | | having elected under this paragraph (3) to waive the
| 4 | | provisions of subsection (c) may by a vote of 2/3 of the | 5 | | total votes of the
association elect to again be governed | 6 | | by the requirements of subsection (c).
| 7 | | (4) In the event that an association elects to waive | 8 | | all or part of
the reserve requirements of this Section, | 9 | | that fact must be
disclosed after the meeting at which the | 10 | | waiver occurs by the
association in the financial | 11 | | statements of the association and, highlighted
in bold | 12 | | print, in the response to any request of a prospective | 13 | | purchaser
for the information prescribed under Section | 14 | | 22.1; and no member of the
board of managers or the | 15 | | managing agent of the association shall be liable,
and no | 16 | | cause of action may be brought for damages against these | 17 | | parties,
for the lack or inadequacy of reserve funds in the | 18 | | association budget. | 19 | | (5) At the end of an association's fiscal year and | 20 | | after the association has approved any end-of-year fiscal | 21 | | audit, if applicable, if the fiscal year ended with a | 22 | | surplus of funds over actual expenses, including budgeted | 23 | | reserve fund contributions, then, to the extent that there | 24 | | are not any contrary provisions in the association's | 25 | | declaration and bylaws, the board of managers has the | 26 | | authority, in its discretion, to dispose of the surplus in |
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| 1 | | one or more of the following ways: (i) contribute the | 2 | | surplus to the association's reserve fund; (ii) return the | 3 | | surplus to the unit owners as a credit against the | 4 | | remaining monthly assessments for the current fiscal year; | 5 | | (iii) return the surplus to the unit owners in the form of | 6 | | a direct payment to the unit owners; or (iv) maintain the | 7 | | funds in the operating account, in which case the funds | 8 | | shall be applied as a credit when calculating the following | 9 | | year's annual budget. If the fiscal year ends in a deficit, | 10 | | then, to the extent that there are not any contrary | 11 | | provisions in the association's declaration and bylaws, | 12 | | the board of managers has the authority, in its discretion, | 13 | | to address the deficit by incorporating it into the | 14 | | following year's annual budget. If 20% of the unit owners | 15 | | of the association deliver a petition objecting to the | 16 | | action under this paragraph (5) within 30 days after notice | 17 | | to the unit owners of the action, the board of managers | 18 | | shall call a meeting of the unit owners within 30 days of | 19 | | the date of delivery of the petition. At the meeting, the | 20 | | unit owners may vote to select a different option than the | 21 | | option selected by the board of managers. Unless a majority | 22 | | of the total votes of the unit owners are cast at the | 23 | | meeting to reject the board's selection and select a | 24 | | different option, the board's decision is ratified.
| 25 | | (d) (Blank).
| 26 | | (e) The condominium instruments may provide for the |
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| 1 | | assessment,
in connection with expenditures for the limited | 2 | | common elements, of only those
units to which the limited | 3 | | common elements are assigned.
| 4 | | (f) Payment of any assessment shall be in amounts and at | 5 | | times
determined by the board of managers.
| 6 | | (g) Lien.
| 7 | | (1) If any unit owner shall fail or refuse to make when | 8 | | due any payment of (i)
the common expenses ; or (ii) or the | 9 | | amount of any unpaid fine imposed in accordance with | 10 | | subsection (l) of Section 18.4, then when due, the
amount | 11 | | thereof together with any interest, late charges, | 12 | | reasonable
attorney fees incurred enforcing the covenants | 13 | | of the condominium
instruments, rules and regulations of | 14 | | the board of managers, or any applicable
statute or | 15 | | ordinance, and costs of collections shall constitute a lien | 16 | | on the
interest of the unit owner in the property prior to | 17 | | all other
liens and encumbrances, recorded or unrecorded, | 18 | | except only (a) taxes,
special assessments and special | 19 | | taxes theretofore or thereafter levied by
any political | 20 | | subdivision or municipal corporation of this State and | 21 | | other
State or federal taxes which by law are a lien on the | 22 | | interest of the
unit owner prior to preexisting recorded | 23 | | encumbrances thereon and
(b) encumbrances on the interest | 24 | | of the unit owner recorded
prior to the date of such | 25 | | failure or refusal which by law would be a lien
thereon | 26 | | prior to subsequently recorded encumbrances. Any action
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| 1 | | brought to extinguish the lien of the association shall | 2 | | include the
association as a party.
| 3 | | (2) With respect to encumbrances executed prior to | 4 | | August 30, 1984 or
encumbrances executed subsequent to | 5 | | August 30, 1984 which are neither
bonafide first mortgages | 6 | | nor trust deeds and which encumbrances contain a
statement | 7 | | of a mailing address in the State of Illinois where notice | 8 | | may be
mailed to the encumbrancer thereunder, if and | 9 | | whenever and as often as the
manager or board of managers | 10 | | shall send, by United States certified or
registered mail, | 11 | | return receipt requested, to any such encumbrancer at the
| 12 | | mailing address set forth in the recorded encumbrance a | 13 | | statement of the
amounts and due dates of the unpaid common | 14 | | expenses with respect to the
encumbered unit, then, unless | 15 | | otherwise provided in the declaration or bylaws,
the prior | 16 | | recorded encumbrance shall be subject to the lien of all | 17 | | unpaid
common expenses with respect to the unit which | 18 | | become due and payable within a
period of 90 days after the | 19 | | date of mailing of each such notice.
| 20 | | (3) The purchaser of a condominium unit at a judicial
| 21 | | foreclosure sale, or a mortgagee who receives title to a | 22 | | unit by deed in
lieu of foreclosure or judgment by common | 23 | | law strict foreclosure or
otherwise takes possession | 24 | | pursuant to court order under the Illinois
Mortgage | 25 | | Foreclosure Law, shall have the duty to pay the unit's
| 26 | | proportionate share of the common expenses for the unit |
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| 1 | | assessed from and
after the first day of the month after | 2 | | the date of the judicial foreclosure
sale, delivery of the | 3 | | deed in lieu of foreclosure, entry of a judgment in
common | 4 | | law strict foreclosure, or taking of possession pursuant to | 5 | | such
court order. Such payment confirms the extinguishment | 6 | | of any lien created
pursuant to paragraph (1) or (2) of | 7 | | this subsection (g) by virtue of the
failure or refusal of | 8 | | a prior unit owner to make payment of common
expenses, | 9 | | where the judicial foreclosure sale has been confirmed by | 10 | | order
of the court, a deed in lieu thereof has been | 11 | | accepted by the lender, or a
consent judgment has been | 12 | | entered by the court.
| 13 | | (4) The purchaser of a condominium unit at a judicial | 14 | | foreclosure sale, other than a mortgagee, who takes | 15 | | possession of a condominium unit pursuant to a court order | 16 | | or a purchaser who acquires title from a mortgagee shall | 17 | | have the duty to pay the proportionate share, if any, of | 18 | | the common expenses for the unit which would have become | 19 | | due in the absence of any assessment acceleration during | 20 | | the 6 months immediately preceding institution of an action | 21 | | to enforce the collection of assessments, and which remain | 22 | | unpaid by the owner during whose possession the assessments | 23 | | accrued. If the outstanding assessments are paid at any | 24 | | time during any action to enforce the collection of | 25 | | assessments, the purchaser shall have no obligation to pay | 26 | | any assessments which accrued before he or she acquired |
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| 1 | | title.
| 2 | | (5) The notice of sale of a condominium unit under | 3 | | subsection (c) of Section 15-1507 of the Code of Civil | 4 | | Procedure shall state that the purchaser of the unit other | 5 | | than a mortgagee shall pay the assessments and the legal | 6 | | fees required by subdivisions (g)(1) and (g)(4) of Section | 7 | | 9 of this Act. The statement of assessment account issued | 8 | | by the association to a unit owner under subsection (i) of | 9 | | Section 18 of this Act, and the disclosure statement issued | 10 | | to a prospective purchaser under Section 22.1 of this Act, | 11 | | shall state the amount of the assessments and the legal | 12 | | fees, if any, required by subdivisions (g)(1) and (g)(4) of | 13 | | Section 9 of this Act.
| 14 | | (h) A lien for common expenses shall be in favor of the | 15 | | members of the
board of managers and their successors in office | 16 | | and shall be for the
benefit of all other unit owners. Notice | 17 | | of the lien may be recorded by
the board of managers, or if the | 18 | | developer is the manager or has a majority
of seats on the | 19 | | board of managers and the manager or board of managers
fails to | 20 | | do so, any unit owner may record notice of the lien. Upon the
| 21 | | recording of such notice the lien may be foreclosed by an | 22 | | action brought in
the name of the board of managers in the same | 23 | | manner as a mortgage of real
property.
| 24 | | (i) Unless otherwise provided in the declaration, the | 25 | | members
of the board of managers and their successors in | 26 | | office, acting on behalf
of the other unit owners, shall have |
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| 1 | | the power to bid on the
interest so foreclosed at the | 2 | | foreclosure sale, and to acquire and
hold, lease, mortgage and | 3 | | convey it.
| 4 | | (j) Any encumbrancer may from time to time request in | 5 | | writing a written
statement from the manager or board of | 6 | | managers setting forth the unpaid
common expenses with respect | 7 | | to the unit covered by his or her encumbrance.
Unless the | 8 | | request is complied with within 20 days, all unpaid common
| 9 | | expenses which become due prior to the date of the making of | 10 | | such request
shall be subordinate to the lien of the | 11 | | encumbrance. Any encumbrancer
holding a lien on a unit may pay | 12 | | any unpaid common expenses payable with
respect to the unit, | 13 | | and upon payment the encumbrancer shall have a lien on
the unit | 14 | | for the amounts paid at the same rank as the lien of his or her | 15 | | encumbrance.
| 16 | | (k) Nothing in Public Act 83-1271 is intended to change the | 17 | | lien
priorities of any encumbrance created prior to August 30, | 18 | | 1984.
| 19 | | (Source: P.A. 100-292, eff. 1-1-18 .)
| 20 | | (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| 21 | | Sec. 9.2. Other remedies.
| 22 | | (a) In the event of any default by any unit owner,
his or | 23 | | her tenant, invitee or guest in the performance of his or her | 24 | | obligations under this
Act or under the declaration, bylaws, or | 25 | | the rules and regulations of the board
of managers, the board |
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| 1 | | of managers or its agents shall have such rights and
remedies | 2 | | as provided in the Act or condominium instruments including the | 3 | | right
to maintain an eviction action against such defaulting | 4 | | unit owner or his or her
tenant for the benefit of all the | 5 | | other unit owners in the manner prescribed by
Article IX of the | 6 | | Code of Civil Procedure. However, the board may not collect an | 7 | | unpaid fine unless the board levied the fine in accordance with | 8 | | subsection (l) of Section 18.4.
| 9 | | (b) Any attorneys' fees incurred by the Association arising | 10 | | out of a
default by any unit owner, his or her tenant, invitee | 11 | | or guest in the performance of
any of the provisions of the | 12 | | condominium instruments, rules and regulations or
any | 13 | | applicable statute or ordinance shall be added to, and deemed a | 14 | | part of,
his or her respective share of the common expense.
| 15 | | (c) Other than attorney's fees, no fees pertaining to the | 16 | | collection of a unit owner's financial obligation to the | 17 | | Association, including fees charged by a manager or managing | 18 | | agent, shall be added to and deemed a part of an owner's | 19 | | respective share of the common expenses unless: (i) the | 20 | | managing agent fees relate to the costs to collect common | 21 | | expenses for the Association; (ii) the fees are set forth in a | 22 | | contract between the managing agent and the Association; and | 23 | | (iii) the authority to add the management fees to an owner's | 24 | | respective share of the common expenses is specifically stated | 25 | | in the declaration or bylaws of the Association.
| 26 | | (Source: P.A. 100-173, eff. 1-1-18 .)
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| 1 | | (765 ILCS 605/18) (from Ch. 30, par. 318)
| 2 | | Sec. 18. Contents of bylaws. The bylaws shall provide for | 3 | | at least
the following:
| 4 | | (a)(1) The election from among the unit owners of a | 5 | | board of managers,
the number of persons constituting such | 6 | | board, and that the terms of at
least one-third of the | 7 | | members of the board shall expire annually and that
all | 8 | | members of the board shall be elected at large; if there | 9 | | are multiple owners of a single unit, only one of the | 10 | | multiple
owners shall be eligible to serve as a member of | 11 | | the board at any one time;
| 12 | | (2) the powers and duties of the board;
| 13 | | (3) the compensation, if any, of the members of the | 14 | | board;
| 15 | | (4) the method of removal from office of members of the | 16 | | board;
| 17 | | (5) that the board may engage the services of a manager | 18 | | or managing agent;
| 19 | | (6) that each unit owner shall receive, at least 25 | 20 | | days prior to the
adoption thereof by the board of | 21 | | managers, a copy of the proposed annual
budget together | 22 | | with an indication of which portions are intended for
| 23 | | reserves, capital expenditures or repairs or payment of | 24 | | real estate taxes;
| 25 | | (7) that the board of managers shall annually supply to
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| 1 | | all unit owners an itemized accounting of the common | 2 | | expenses
for the preceding year actually incurred or paid, | 3 | | together
with an indication of which portions were for | 4 | | reserves, capital
expenditures or repairs or payment of | 5 | | real estate taxes and
with a tabulation of the amounts | 6 | | collected pursuant to the
budget or assessment, and showing | 7 | | the net excess or
deficit of income over expenditures plus | 8 | | reserves;
| 9 | | (8)(i) that each unit owner shall receive notice, in | 10 | | the same manner
as is provided in this Act for membership | 11 | | meetings, of any meeting of the
board of managers | 12 | | concerning the adoption of the proposed annual budget and
| 13 | | regular assessments pursuant thereto or to adopt a separate | 14 | | (special)
assessment, (ii) that except as provided in | 15 | | subsection (iv) below, if an
adopted
budget or any separate | 16 | | assessment adopted by the board would result in the
sum of | 17 | | all regular and separate assessments payable in the current | 18 | | fiscal year
exceeding 115% of the sum of all regular and | 19 | | separate
assessments payable during the
preceding fiscal | 20 | | year, the
board of managers, upon written petition by unit | 21 | | owners with 20 percent of
the votes of the association | 22 | | delivered to the board within 21
days of the board action,
| 23 | | shall call a meeting of the unit owners within 30 days of | 24 | | the date of
delivery of the petition to consider the budget | 25 | | or separate
assessment; unless a
majority of
the total | 26 | | votes of the unit owners are cast at the meeting to reject |
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| 1 | | the
budget or separate assessment,
it is ratified, (iii) | 2 | | that any common expense not set forth in the budget or
any | 3 | | increase in assessments over the amount adopted in the | 4 | | budget shall be
separately assessed against all unit | 5 | | owners, (iv) that separate assessments for
expenditures | 6 | | relating to emergencies or mandated by law may be adopted | 7 | | by the
board of managers without being subject to unit | 8 | | owner approval or the
provisions of item (ii) above or item | 9 | | (v) below. As used
herein, "emergency" means an immediate | 10 | | danger to the structural integrity of
the
common elements | 11 | | or to the life, health, safety or property of the unit | 12 | | owners,
(v) that assessments
for additions and alterations | 13 | | to the common elements or to association-owned
property not | 14 | | included in the adopted annual budget, shall be separately
| 15 | | assessed and are subject to approval of two-thirds of the | 16 | | total votes of all
unit owners, (vi) that the board of | 17 | | managers may adopt separate assessments
payable over more | 18 | | than one fiscal year. With respect to multi-year | 19 | | assessments
not governed by items (iv) and (v), the entire | 20 | | amount of the multi-year
assessment shall be deemed | 21 | | considered and authorized in the first fiscal year
in which | 22 | | the assessment is approved;
| 23 | | (9)(A) that every meeting of the board of managers | 24 | | shall be open to any unit
owner, except that the board may | 25 | | close any portion of a noticed meeting or meet separately | 26 | | from a noticed meeting to: (i) discuss litigation
when an |
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| 1 | | action against or on behalf of the particular association | 2 | | has been
filed and is pending in a court or administrative | 3 | | tribunal,
or when the board of managers finds that such an | 4 | | action is probable
or imminent, (ii) discuss the | 5 | | appointment, employment, engagement,
or dismissal of an | 6 | | employee, independent contractor, agent, or other provider | 7 | | of goods and services, (iii) interview a potential | 8 | | employee, independent contractor, agent, or other provider | 9 | | of goods and services, (iv) discuss violations of rules and
| 10 | | regulations of the association, (v) discuss a unit owner's | 11 | | unpaid share of common
expenses, or (vi) consult with the | 12 | | association's legal counsel; that any vote on these matters | 13 | | shall take place at a meeting of the board of managers or
| 14 | | portion thereof open to any unit owner; | 15 | | (B) that board members may participate in and act at | 16 | | any meeting of the board of managers in person, by | 17 | | telephonic means, or by use of any acceptable technological | 18 | | means whereby all persons participating in the meeting can | 19 | | communicate with each other; that participation | 20 | | constitutes attendance and presence in person at the | 21 | | meeting; | 22 | | (C) that any unit owner may record the
proceedings at | 23 | | meetings of the board of managers or portions thereof | 24 | | required to be open by this
Act by tape, film or other | 25 | | means, and that the board may prescribe reasonable
rules | 26 | | and regulations to govern the right to make such |
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| 1 | | recordings; | 2 | | (D) that
notice of every meeting of the board of | 3 | | managers shall be given to every board member at least 48 | 4 | | hours
prior thereto, unless the board member waives notice | 5 | | of the meeting pursuant to subsection (a) of Section 18.8; | 6 | | and | 7 | | (E) that notice of every meeting
of the board of | 8 | | managers shall be posted in entranceways,
elevators, or | 9 | | other conspicuous places in the condominium at least 48 | 10 | | hours
prior to the meeting of the board of managers except | 11 | | where there is no
common entranceway for 7 or more units, | 12 | | the board of managers may designate
one or more locations | 13 | | in the proximity of these units where the notices of
| 14 | | meetings shall be posted; that notice of every meeting of | 15 | | the board of managers shall also be given at least 48 hours | 16 | | prior to the meeting, or such longer notice as this Act may | 17 | | separately require, to: (i) each unit owner who has | 18 | | provided the association with written authorization to | 19 | | conduct business by acceptable technological means, and | 20 | | (ii) to the extent that the condominium instruments of an | 21 | | association require, to each other unit owner, as required | 22 | | by subsection (f) of Section 18.8, by mail or delivery, and | 23 | | that no other notice of a meeting of the board of managers | 24 | | need be given to any unit owner;
| 25 | | (10) that the board shall meet at least 4 times | 26 | | annually;
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| 1 | | (11) that no member of the board or officer shall be | 2 | | elected for a term
of more than 2 years, but that officers | 3 | | and board members may succeed
themselves;
| 4 | | (12) the designation of an officer to mail and receive | 5 | | all notices and
execute amendments to condominium | 6 | | instruments as provided for in this Act
and in the | 7 | | condominium instruments;
| 8 | | (13) the method of filling vacancies on the board
which | 9 | | shall include authority for the remaining members of the | 10 | | board to
fill the vacancy by two-thirds vote until the next | 11 | | annual meeting of unit
owners or for a period terminating | 12 | | no later than 30 days following the
filing of a petition | 13 | | signed by unit owners holding 20% of the votes of the
| 14 | | association requesting a meeting of the unit owners to fill | 15 | | the vacancy for
the balance of the term, and that a meeting | 16 | | of the unit owners shall be
called for purposes of filling | 17 | | a vacancy on the board no later than 30 days
following the | 18 | | filing of a petition signed by unit owners holding 20% of | 19 | | the
votes of the association requesting such a meeting, and | 20 | | the method of filling
vacancies among the officers that | 21 | | shall include the authority for the members
of the board to | 22 | | fill the vacancy for the unexpired portion of the term;
| 23 | | (14) what percentage of the board of managers, if other | 24 | | than a majority,
shall constitute a quorum;
| 25 | | (15) provisions concerning notice of board meetings to | 26 | | members of the
board;
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| 1 | | (16) the board of managers may not enter into a | 2 | | contract with a
current board member
or with a corporation | 3 | | or partnership in which a board
member or a member of the | 4 | | board member's immediate family has 25% or
more interest, | 5 | | unless notice of intent to enter the
contract is given to | 6 | | unit owners within 20 days after a decision is made
to | 7 | | enter into the contract and the unit owners are
afforded an | 8 | | opportunity by filing a petition, signed by 20% of the unit
| 9 | | owners, for an election to approve or disapprove the | 10 | | contract;
such petition shall be filed within 30 days after | 11 | | such notice and such
election shall be held within 30 days | 12 | | after filing the petition; for purposes
of this subsection, | 13 | | a board member's immediate family means the board member's
| 14 | | spouse, parents, and children;
| 15 | | (17) that the board of managers may disseminate
to unit | 16 | | owners biographical and background information about | 17 | | candidates for
election to the board if (i) reasonable | 18 | | efforts to identify all candidates are
made and all | 19 | | candidates are given an opportunity to include | 20 | | biographical and
background information in the information | 21 | | to be disseminated; and (ii) the
board does not express a | 22 | | preference in favor of any candidate;
| 23 | | (18) any proxy distributed for board elections
by the | 24 | | board of managers gives unit owners the
opportunity to | 25 | | designate any person as the proxy holder, and gives the | 26 | | unit
owner the opportunity to express a preference for any |
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| 1 | | of the known
candidates for the board or to write in a | 2 | | name;
| 3 | | (19) that special meetings of the board of managers can | 4 | | be called by
the president or 25% of the members of the | 5 | | board;
| 6 | | (20) that the board of managers may establish
and | 7 | | maintain a system of master metering of public utility | 8 | | services and
collect payments in connection therewith, | 9 | | subject to the requirements of the
Tenant Utility Payment | 10 | | Disclosure Act; and
| 11 | | (21) that the board may ratify and confirm actions of | 12 | | the
members of the board taken in response to an emergency, | 13 | | as that
term is defined in subdivision (a)(8)(iv) of this | 14 | | Section; that
the board shall give notice to the unit | 15 | | owners of: (i) the
occurrence of the emergency event within | 16 | | 7 business days after
the emergency event, and (ii) the | 17 | | general description of the
actions taken to address the | 18 | | event within 7 days after the
emergency event. | 19 | | The intent of the provisions of Public Act 99-472 | 20 | | adding this paragraph (21) is to empower and support boards | 21 | | to act in
emergencies. | 22 | | (b)(1) What percentage of the unit owners, if other | 23 | | than 20%, shall
constitute a quorum provided that, for | 24 | | condominiums with 20 or more units,
the percentage of unit | 25 | | owners constituting a quorum shall be 20% unless the
unit | 26 | | owners holding a majority of the percentage interest in the
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| 1 | | association provide for a higher percentage, provided that | 2 | | in voting on amendments to the association's bylaws, a unit | 3 | | owner who is in arrears on the unit owner's regular or | 4 | | separate assessments for 60 days or more, shall not be | 5 | | counted for purposes of determining if a quorum is present, | 6 | | but that unit owner retains the right to vote on amendments | 7 | | to the association's bylaws;
| 8 | | (2) that the association shall have one class of | 9 | | membership;
| 10 | | (3) that the members shall hold an annual meeting, one | 11 | | of the purposes
of which shall be to elect members of the | 12 | | board of managers;
| 13 | | (4) the method of calling meetings of the unit owners;
| 14 | | (5) that special meetings of the members can be called | 15 | | by the president,
board of managers, or by 20% of unit | 16 | | owners;
| 17 | | (6) that written notice of any membership meeting shall | 18 | | be mailed
or delivered giving members no less than 10 and | 19 | | no more than 30 days
notice of the time, place and purpose | 20 | | of such meeting except that notice may be sent, to the | 21 | | extent the condominium instruments or rules adopted | 22 | | thereunder expressly so provide, by electronic | 23 | | transmission consented to by the unit owner to whom the | 24 | | notice is given, provided the director and officer or his | 25 | | or her agent certifies in writing to the delivery by | 26 | | electronic transmission;
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| 1 | | (7) that voting shall be on a percentage basis, and | 2 | | that the percentage
vote to which each unit is entitled is | 3 | | the percentage interest of the
undivided ownership of the | 4 | | common elements appurtenant thereto, provided
that the | 5 | | bylaws may provide for approval by unit owners in | 6 | | connection with
matters where the requisite approval on a | 7 | | percentage basis is not specified
in this Act, on the basis | 8 | | of one vote per unit;
| 9 | | (8) that, where there is more than one owner of a unit, | 10 | | if only one
of the multiple owners is present at a meeting | 11 | | of the association, he or she is
entitled to cast all the | 12 | | votes allocated to that unit, if more than one of
the | 13 | | multiple owners are present, the votes allocated to that | 14 | | unit may be
cast only in accordance with the agreement of a | 15 | | majority in interest of the
multiple owners, unless the | 16 | | declaration expressly provides otherwise, that
there is | 17 | | majority agreement if any one of the multiple owners cast | 18 | | the
votes allocated to that unit without protest being made | 19 | | promptly to the
person presiding over the meeting by any of | 20 | | the other owners of the unit;
| 21 | | (9)(A) except as provided in subparagraph (B) of this | 22 | | paragraph (9) in
connection with board elections, that
a | 23 | | unit owner may vote by proxy executed in writing by the | 24 | | unit
owner or by his or her duly authorized attorney in | 25 | | fact; that the proxy must bear the date of
execution
and, | 26 | | unless the condominium instruments or the written proxy |
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| 1 | | itself provide
otherwise, is
invalid after 11 months from | 2 | | the date of its execution; to the extent the condominium | 3 | | instruments or rules adopted thereunder expressly so | 4 | | provide, a vote or proxy may be submitted by electronic | 5 | | transmission, provided that any such electronic | 6 | | transmission shall either set forth or be submitted with | 7 | | information from which it can be determined that the | 8 | | electronic transmission was authorized by the unit owner or | 9 | | the unit owner's proxy;
| 10 | | (B) that if a rule adopted at least 120 days before a | 11 | | board election
or the
declaration or bylaws provide for | 12 | | balloting as set forth in this subsection,
unit
owners may | 13 | | not vote by proxy in board elections, but may vote only (i) | 14 | | by
submitting an association-issued ballot in person at the | 15 | | election meeting or
(ii) by
submitting an | 16 | | association-issued ballot to the association or its | 17 | | designated
agent
by mail or other means of delivery | 18 | | specified in the declaration, bylaws, or
rule; that
the | 19 | | ballots shall be mailed or otherwise distributed to unit | 20 | | owners not less
than 10
and not more than 30 days before | 21 | | the election meeting, and the board shall give
unit owners | 22 | | not less than 21 days' prior written notice of the deadline | 23 | | for
inclusion of a candidate's name on the ballots; that | 24 | | the deadline shall be no
more
than 7 days before the | 25 | | ballots are mailed or otherwise distributed to unit
owners; | 26 | | that
every such ballot must include the names of all |
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| 1 | | candidates who have given the
board or its authorized agent | 2 | | timely written notice of their candidacy and must
give the | 3 | | person casting the ballot the opportunity to cast votes for | 4 | | candidates
whose names do not appear on the ballot; that a | 5 | | ballot received by the
association
or
its designated agent | 6 | | after the close of voting shall not be counted; that a
unit
| 7 | | owner
who submits a ballot by mail or other means of | 8 | | delivery specified in the
declaration, bylaws, or rule may | 9 | | request and cast a ballot in person at the
election
| 10 | | meeting, and thereby void any ballot previously submitted | 11 | | by that unit owner; | 12 | | (B-5) that if a rule adopted at least 120 days before a | 13 | | board election or the declaration or bylaws provide for | 14 | | balloting as set forth in this subparagraph, unit owners | 15 | | may not vote by proxy in board elections, but may vote only | 16 | | (i) by submitting an association-issued ballot in person at | 17 | | the election meeting; or (ii) by any acceptable | 18 | | technological means as defined in Section 2 of this Act; | 19 | | instructions regarding the use of electronic means for | 20 | | voting shall be distributed to all unit owners not less | 21 | | than 10 and not more than 30 days before the election | 22 | | meeting, and the board shall give unit owners not less than | 23 | | 21 days' prior written notice of the deadline for inclusion | 24 | | of a candidate's name on the ballots; the deadline shall be | 25 | | no more than 7 days before the instructions for voting | 26 | | using electronic or acceptable technological means is |
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| 1 | | distributed to unit owners; every instruction notice must | 2 | | include the names of all candidates who have given the | 3 | | board or its authorized agent timely written notice of | 4 | | their candidacy and must give the person voting through | 5 | | electronic or acceptable technological means the | 6 | | opportunity to cast votes for candidates whose names do not | 7 | | appear on the ballot; a unit owner who submits a vote using | 8 | | electronic or acceptable technological means may request | 9 | | and cast a ballot in person at the election meeting, | 10 | | thereby voiding any vote previously submitted by that unit | 11 | | owner;
| 12 | | (C) that if a written petition by unit owners with at | 13 | | least 20% of the
votes of
the association is delivered to | 14 | | the board within 30 days after the board's
approval
of a | 15 | | rule adopted pursuant to subparagraph (B) or subparagraph | 16 | | (B-5) of this paragraph (9), the board
shall call a meeting | 17 | | of the unit owners within 30 days after the date of
| 18 | | delivery of
the petition; that unless a majority of the | 19 | | total votes of the unit owners are
cast
at the
meeting to | 20 | | reject the rule, the rule is ratified;
| 21 | | (D) that votes cast by ballot under subparagraph (B) or | 22 | | electronic or acceptable technological means under | 23 | | subparagraph (B-5) of this paragraph (9) are valid for the | 24 | | purpose of establishing a quorum; | 25 | | (10) that the association may, upon adoption of the | 26 | | appropriate rules by
the board of managers, conduct |
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| 1 | | elections by secret ballot whereby the voting
ballot is | 2 | | marked only with the percentage interest for the unit and | 3 | | the vote
itself, provided that the board further adopt | 4 | | rules to verify the status of the
unit owner issuing a | 5 | | proxy or casting a ballot; and further, that a candidate
| 6 | | for election to the board of managers or such
candidate's | 7 | | representative shall have the right to be present at the
| 8 | | counting of ballots at such election;
| 9 | | (11) that in the event of a resale of a condominium | 10 | | unit the purchaser
of a unit from a seller other than the | 11 | | developer pursuant to an installment sales
contract for | 12 | | purchase shall during such times as he or she resides in | 13 | | the
unit be counted toward a quorum for purposes of | 14 | | election of members of the
board of managers at any meeting | 15 | | of the unit owners called for purposes of
electing members | 16 | | of the board, shall have the right to vote for the
election | 17 | | of members of the board of managers and to be elected to | 18 | | and serve
on the board of managers unless the seller | 19 | | expressly retains in writing any
or all of such rights. In | 20 | | no event may the seller and purchaser both be
counted | 21 | | toward a quorum, be permitted to vote for a particular | 22 | | office or be
elected and serve on the board. Satisfactory | 23 | | evidence of the installment sales contract
shall be made | 24 | | available to the association or its agents. For
purposes of | 25 | | this subsection, "installment sales contract" shall have | 26 | | the same
meaning as set forth in Section 5 of the |
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| 1 | | Installment Sales Contract Act and Section 1(e) of the | 2 | | Dwelling Unit Installment Contract Act;
| 3 | | (12) the method by which matters subject to the | 4 | | approval of unit owners
set forth in this Act, or in the | 5 | | condominium instruments, will be
submitted to the unit | 6 | | owners at special membership meetings called for such
| 7 | | purposes; and
| 8 | | (13) that matters subject to the affirmative vote of | 9 | | not less than 2/3
of the votes of unit owners at a meeting | 10 | | duly called for that purpose,
shall include, but not be | 11 | | limited to:
| 12 | | (i) merger or consolidation of the association;
| 13 | | (ii) sale, lease, exchange, or other disposition | 14 | | (excluding the mortgage
or pledge) of all, or | 15 | | substantially all of the property and assets of the
| 16 | | association; and
| 17 | | (iii) the purchase or sale of land or of units on | 18 | | behalf of all unit owners.
| 19 | | (c) Election of a president from among the board of | 20 | | managers, who shall
preside over the meetings of the board | 21 | | of managers and of the unit owners.
| 22 | | (d) Election of a secretary from among the board of | 23 | | managers, who shall
keep the minutes of all meetings
of the | 24 | | board of managers and of the unit owners and who shall, in | 25 | | general,
perform all the duties incident to the office of | 26 | | secretary.
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| 1 | | (e) Election of a treasurer from among the board of | 2 | | managers, who shall
keep the financial records and
books of | 3 | | account.
| 4 | | (f) Maintenance, repair and replacement of the common | 5 | | elements and
payments therefor, including the method of | 6 | | approving payment vouchers.
| 7 | | (g) An association with 30 or more units shall obtain | 8 | | and maintain
fidelity insurance covering persons who | 9 | | control or disburse funds of the
association for the | 10 | | maximum amount of coverage available to protect funds
in | 11 | | the custody or control of the association plus the | 12 | | association reserve
fund. All management companies which | 13 | | are responsible for the funds held or
administered by the | 14 | | association shall maintain and furnish to the
association a | 15 | | fidelity bond for the maximum amount of coverage available | 16 | | to
protect funds in the custody of the management company | 17 | | at any time. The
association shall bear the cost of the | 18 | | fidelity insurance and fidelity
bond, unless otherwise | 19 | | provided by contract between the association and a
| 20 | | management company. The association shall be the direct | 21 | | obligee of any
such fidelity bond. A management company | 22 | | holding reserve funds of an
association shall at all times | 23 | | maintain a separate account for each
association, | 24 | | provided, however, that for investment purposes, the Board | 25 | | of
Managers of an association may authorize a management | 26 | | company to maintain
the association's reserve funds in a |
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| 1 | | single interest bearing account with
similar funds of other | 2 | | associations. The management company shall at all
times | 3 | | maintain records identifying all moneys of each | 4 | | association in such
investment account. The management | 5 | | company may hold all operating funds of
associations which | 6 | | it manages in a single operating account but shall at
all | 7 | | times maintain records identifying all moneys of each | 8 | | association in
such operating account. Such operating and | 9 | | reserve funds held by the
management company for the | 10 | | association shall not be subject to attachment
by any | 11 | | creditor of the management company.
| 12 | | For the purpose of this subsection, a management | 13 | | company shall be
defined as a person, partnership, | 14 | | corporation, or other legal entity
entitled to transact | 15 | | business on behalf of others, acting on behalf of or
as an | 16 | | agent for a unit owner, unit owners or association of unit | 17 | | owners for
the purpose of carrying out the duties, | 18 | | responsibilities, and other
obligations necessary for the | 19 | | day to day operation and management of any
property subject | 20 | | to this Act. For purposes of this subsection, the term
| 21 | | "fiduciary insurance coverage" shall be defined as both a | 22 | | fidelity bond and
directors and officers liability | 23 | | coverage, the fidelity bond in the full
amount of | 24 | | association funds and association reserves that will be in | 25 | | the
custody of the association, and the directors and | 26 | | officers liability
coverage at a level as shall be |
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| 1 | | determined to be reasonable by the board of
managers, if | 2 | | not otherwise established by the declaration or by laws.
| 3 | | Until one year after September 21, 1985 (the effective | 4 | | date of Public Act 84-722),
if a condominium association | 5 | | has reserves plus assessments in excess of
$250,000 and | 6 | | cannot reasonably obtain 100% fidelity bond coverage for | 7 | | such
amount, then it must obtain a fidelity bond coverage | 8 | | of $250,000.
| 9 | | (h) Method of estimating the amount of the annual | 10 | | budget, and the manner
of assessing and collecting from the | 11 | | unit owners their respective shares of
such estimated | 12 | | expenses, and of any other expenses lawfully agreed upon.
| 13 | | (i) That upon 10 days notice to the manager or board of | 14 | | managers and
payment of a reasonable fee, any unit owner | 15 | | shall be furnished a statement
of his or her account | 16 | | setting forth the amount of any unpaid assessments or other
| 17 | | charges due and owing from such owner.
| 18 | | (j) Designation and removal of personnel necessary for | 19 | | the maintenance,
repair and replacement of the common | 20 | | elements.
| 21 | | (k) Such restrictions on and requirements respecting | 22 | | the use and
maintenance of the units and the use of the | 23 | | common elements, not set forth
in the declaration, as are | 24 | | designed to prevent unreasonable interference
with the use | 25 | | of their respective units and of the common elements by the
| 26 | | several unit owners.
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| 1 | | (l) Method of adopting and of amending administrative | 2 | | rules and
regulations governing the operation and use of | 3 | | the common elements.
| 4 | | (m) The percentage of votes required to modify or amend | 5 | | the bylaws, but
each one of the particulars set forth in | 6 | | this section shall always be
embodied in the bylaws.
| 7 | | (n)(i) The provisions of this Act, the declaration, | 8 | | bylaws, other
condominium instruments, and rules and | 9 | | regulations that relate to the use
of the individual unit | 10 | | or the common elements shall be applicable to
any person | 11 | | leasing a unit and shall be deemed to be incorporated in | 12 | | any
lease executed or renewed on or after August 30, 1984 | 13 | | (the effective date of Public Act 83-1271). | 14 | | (ii) With regard to any lease entered into subsequent | 15 | | to July 1, 1990 (the
effective date of Public Act 86-991), | 16 | | the unit owner leasing the
unit shall deliver a copy of the | 17 | | signed lease to the board or if the
lease is oral, a | 18 | | memorandum of the lease, not later than the date of
| 19 | | occupancy or 10 days after the lease is signed, whichever | 20 | | occurs first. In
addition to any other remedies, by filing | 21 | | an action jointly against the
tenant and the unit owner, an | 22 | | association may seek to enjoin a tenant from
occupying a | 23 | | unit or seek to evict a tenant under the provisions of | 24 | | Article
IX of the Code of Civil Procedure for failure of | 25 | | the lessor-owner to
comply with the leasing requirements | 26 | | prescribed by
this Section or by the declaration, bylaws, |
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| 1 | | and
rules and regulations. The board of managers may | 2 | | proceed directly against a
tenant, at law or in equity, or | 3 | | under the provisions of Article IX of the
Code of Civil | 4 | | Procedure, for any other breach by tenant of any
covenants, | 5 | | rules, regulations or bylaws.
| 6 | | (o) The association shall have no authority to forbear | 7 | | the payment
of assessments by any unit owner.
| 8 | | (p) That when 30% or fewer of the units, by number,
| 9 | | possess over 50% in the aggregate of the votes in the | 10 | | association,
any percentage vote of members specified | 11 | | herein or in the condominium
instruments shall require the | 12 | | specified percentage by number of units
rather than by | 13 | | percentage of interest in the common elements allocated
to | 14 | | units that would otherwise be applicable and garage units | 15 | | or storage units, or both, shall have, in total, no more | 16 | | votes than their aggregate percentage of ownership in the | 17 | | common elements; this shall mean that if garage units or | 18 | | storage units, or both, are to be given a vote, or portion | 19 | | of a vote, that the association must add the total number | 20 | | of votes cast of garage units, storage units, or both, and | 21 | | divide the total by the number of garage units, storage | 22 | | units, or both, and multiply by the aggregate percentage of | 23 | | ownership of garage units and storage units to determine | 24 | | the vote, or portion of a vote, that garage units or | 25 | | storage units, or both, have. For purposes of this | 26 | | subsection (p), when making a determination of whether 30% |
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| 1 | | or fewer of the units, by number, possess over 50% in the | 2 | | aggregate of the votes in the association, a unit shall not | 3 | | include a garage unit or a storage unit.
| 4 | | (q) That a unit owner may not assign, delegate, | 5 | | transfer, surrender, or
avoid the duties, | 6 | | responsibilities, and liabilities of a unit owner under | 7 | | this
Act, the condominium instruments, or the rules and | 8 | | regulations of the
Association; and that such an attempted | 9 | | assignment, delegation, transfer,
surrender, or avoidance | 10 | | shall be deemed void. | 11 | | (r) That the association has no authority to report | 12 | | adverse information to a credit reporting agency or | 13 | | initiate collection proceedings against a unit owner for an | 14 | | unpaid fine unless the board levied the fine in accordance | 15 | | with subsection (l) of Section 18.4.
| 16 | | The provisions of this Section are applicable to all | 17 | | condominium
instruments recorded under this Act. Any portion of | 18 | | a condominium
instrument which contains provisions contrary to | 19 | | these provisions shall be
void as against public policy and | 20 | | ineffective. Any such instrument which
fails to contain the | 21 | | provisions required by this Section shall be deemed to
| 22 | | incorporate such provisions by operation of law.
| 23 | | (Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642, | 24 | | eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18; | 25 | | revised 10-6-17.)
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| 1 | | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
| 2 | | Sec. 18.4. Powers and duties of board of managers. The | 3 | | board of
managers shall exercise for the association all | 4 | | powers, duties and
authority vested in the association by law | 5 | | or the condominium instruments
except for such powers, duties | 6 | | and authority reserved by law to the members
of the | 7 | | association. The powers and duties of the board of managers | 8 | | shall
include, but shall not be limited to, the following:
| 9 | | (a) To provide for the operation, care, upkeep, | 10 | | maintenance,
replacement and improvement of the common | 11 | | elements. Nothing
in
this subsection (a) shall be deemed to | 12 | | invalidate any provision in a
condominium instrument | 13 | | placing limits on expenditures for the common elements, | 14 | | provided, that such
limits shall not be applicable to | 15 | | expenditures for repair, replacement, or
restoration of | 16 | | existing portions of the common elements. The
term "repair, | 17 | | replacement or restoration" means expenditures to | 18 | | deteriorated or
damaged portions of the property related to | 19 | | the existing decorating,
facilities, or structural or | 20 | | mechanical components, interior or exterior
surfaces, or | 21 | | energy systems and equipment with the functional | 22 | | equivalent of the
original portions of such areas. | 23 | | Replacement of the common elements may
result in an | 24 | | improvement over the original quality of such elements or
| 25 | | facilities; provided that, unless the improvement is | 26 | | mandated by law or is an
emergency as defined in item (iv) |
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| 1 | | of subparagraph (8) of paragraph (a) of
Section 18, if the | 2 | | improvement results in a proposed expenditure
exceeding 5% | 3 | | of the annual budget, the board of managers, upon written | 4 | | petition
by unit owners with 20% of the votes of the | 5 | | association delivered to the board
within 21 days of the | 6 | | board action to approve the expenditure, shall call a
| 7 | | meeting of the unit owners within 30 days of the date of | 8 | | delivery of the
petition to consider the expenditure. | 9 | | Unless a majority of the total votes of
the unit owners are | 10 | | cast at the meeting to reject the expenditure, it is
| 11 | | ratified.
| 12 | | (b) To prepare, adopt and distribute the annual budget | 13 | | for the property.
| 14 | | (c) To levy and expend assessments.
| 15 | | (d) To collect assessments from unit
owners.
| 16 | | (e) To provide for the employment and dismissal of the | 17 | | personnel
necessary or advisable for the maintenance and | 18 | | operation of the common
elements.
| 19 | | (f) To obtain adequate and appropriate kinds of
| 20 | | insurance.
| 21 | | (g) To own, convey, encumber, lease, and otherwise deal | 22 | | with units
conveyed to or purchased by it.
| 23 | | (h) To adopt and amend rules and regulations covering | 24 | | the details of
the operation and use of the property, after | 25 | | a meeting of the unit owners
called for the specific | 26 | | purpose of discussing the proposed rules and
regulations. |
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| 1 | | Notice of the meeting shall contain the full text of the
| 2 | | proposed rules and regulations, and the meeting shall | 3 | | conform to the
requirements of Section 18(b) of this Act, | 4 | | except that no quorum is
required at the meeting of the | 5 | | unit owners unless the declaration, bylaws
or other | 6 | | condominium instrument expressly provides to the contrary.
| 7 | | However, no rule or regulation may impair any rights | 8 | | guaranteed by the
First Amendment to the Constitution of | 9 | | the United States or Section 4 of
Article I of the Illinois | 10 | | Constitution including, but not limited to, the free | 11 | | exercise of religion, nor may any rules or regulations
| 12 | | conflict with the provisions of this Act or the condominium | 13 | | instruments. No rule or regulation shall prohibit any | 14 | | reasonable accommodation for religious practices, | 15 | | including the attachment of religiously mandated objects | 16 | | to the front-door area of a condominium unit.
| 17 | | (i) To keep detailed, accurate records of the receipts | 18 | | and
expenditures affecting the use and operation of the | 19 | | property.
| 20 | | (j) To have access to each unit from time to time as | 21 | | may be necessary
for the maintenance, repair or replacement | 22 | | of any common elements or for
making emergency repairs | 23 | | necessary to prevent damage to the common elements
or to | 24 | | other units.
| 25 | | (k) To pay real property taxes, special assessments, | 26 | | and any other
special taxes or charges of the State of |
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| 1 | | Illinois or of any political
subdivision thereof, or other | 2 | | lawful taxing or assessing body, which are
authorized by | 3 | | law to be assessed and levied upon the real property of the
| 4 | | condominium.
| 5 | | (l) To impose charges for late payment of a unit | 6 | | owner's proportionate
share of the common expenses, or any | 7 | | other expenses lawfully agreed upon , and to levy reasonable | 8 | | fines for violation of the declaration, bylaws, and rules | 9 | | and regulations of the association. Before the board may | 10 | | levy a fine, it shall first provide the unit owner a | 11 | | minimum of 20 days' written notice and an opportunity to be | 12 | | heard. The written notice shall be made in accordance with | 13 | | the requirements of this Act. The written notice and | 14 | | opportunity to be heard requirements of this subsection | 15 | | apply only to the ability to levy fines, and nothing | 16 | | contained in this subsection limits or restricts the | 17 | | ability of the board to pursue or enforce the rights of the | 18 | | association ,
and after notice and an opportunity to be | 19 | | heard, to levy reasonable fines
for violation of the | 20 | | declaration, by-laws, and rules and regulations of
the | 21 | | association .
| 22 | | (m) By a majority vote of the entire board of managers, | 23 | | to assign the
right of the association to future income | 24 | | from common expenses or other
sources, and to mortgage or | 25 | | pledge substantially all of the remaining
assets of the | 26 | | association.
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| 1 | | (n) To record the dedication of a portion of the common | 2 | | elements
to a public body for use as, or in connection | 3 | | with, a street or utility
where authorized by the unit | 4 | | owners under the provisions of Section 14.2.
| 5 | | (o) To record the granting of an easement for the | 6 | | laying of cable
television or high speed Internet cable | 7 | | where authorized by the unit owners under the provisions
of | 8 | | Section 14.3; to obtain, if available and determined by the | 9 | | board to be in
the best interests of the association, cable | 10 | | television
or bulk high speed Internet service for all of | 11 | | the units of the condominium on a bulk
identical service | 12 | | and equal cost per unit basis; and to assess and recover | 13 | | the
expense as a common expense and, if so determined by | 14 | | the board, to assess each
and every unit on the same equal | 15 | | cost per unit basis.
| 16 | | (p) To seek relief on behalf of all unit owners when | 17 | | authorized
pursuant to subsection (c) of Section 10 from or | 18 | | in connection with the
assessment or levying of real | 19 | | property taxes, special assessments, and any
other special | 20 | | taxes or charges of the State of Illinois or of any | 21 | | political
subdivision thereof or of any lawful taxing or | 22 | | assessing body.
| 23 | | (q) To reasonably accommodate the needs of a unit owner | 24 | | who is a person with a disability
as required by the | 25 | | federal Civil Rights Act of 1968, the Human Rights Act
and | 26 | | any applicable local ordinances in the exercise of its |
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| 1 | | powers with
respect to the use of common elements or | 2 | | approval of modifications in an
individual unit.
| 3 | | (r) To accept service of a notice of claim for purposes | 4 | | of the Mechanics Lien Act on behalf of each respective | 5 | | member of the Unit Owners' Association with respect to | 6 | | improvements performed pursuant to any contract entered | 7 | | into by the Board of Managers or any contract entered into | 8 | | prior to the recording of the condominium declaration | 9 | | pursuant to this Act, for a property containing more than 8 | 10 | | units, and to distribute the notice to the unit owners | 11 | | within 7 days of the acceptance of the service by the Board | 12 | | of Managers. The service shall be effective as if each | 13 | | individual unit owner had been served individually with | 14 | | notice.
| 15 | | (s) To adopt and amend rules and regulations (l) | 16 | | authorizing electronic delivery of notices and other | 17 | | communications required or contemplated by this Act to each | 18 | | unit owner who provides the association with written | 19 | | authorization for electronic delivery and an electronic | 20 | | address to which such communications are to be | 21 | | electronically transmitted; and (2) authorizing each unit | 22 | | owner to designate an electronic address or a U.S. Postal | 23 | | Service address, or both, as the unit owner's address on | 24 | | any list of members or unit owners which an association is | 25 | | required to provide upon request pursuant to any provision | 26 | | of this Act or any condominium instrument. |
| | | SB2485 Engrossed | - 38 - | LRB100 18203 HEP 33404 b |
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| 1 | | In the performance of their duties, the officers and | 2 | | members of the board,
whether appointed by the developer or | 3 | | elected by the unit owners, shall
exercise the care required of | 4 | | a fiduciary of the unit owners.
| 5 | | The collection of assessments from unit owners by an | 6 | | association, board
of managers or their duly authorized agents | 7 | | shall not be considered acts
constituting a collection agency | 8 | | for purposes of the Collection Agency Act.
| 9 | | The provisions of this Section are
applicable to all | 10 | | condominium instruments recorded under this Act. Any
portion of | 11 | | a condominium instrument which contains provisions contrary to
| 12 | | these provisions shall be void as against public policy and | 13 | | ineffective.
Any such instrument that fails to contain the | 14 | | provisions required by this
Section shall be deemed to | 15 | | incorporate such provisions by operation of law.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17; | 17 | | 100-292, eff. 1-1-18 .)
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