Full Text of HB5509 96th General Assembly
HB5509enr 96TH GENERAL ASSEMBLY
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 15-1507 as follows:
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| (735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507)
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| Sec. 15-1507. Judicial Sale.
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| (a) In General. Except as provided in
Sections 15-1402 and | 9 |
| 15-1403, upon entry of a judgment of foreclosure, the
real | 10 |
| estate which is the subject of the judgment shall be sold at a
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| judicial sale in accordance with this Section 15-1507.
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| (b) Sale Procedures. Upon expiration of the reinstatement | 13 |
| period and
the redemption period in accordance with subsection | 14 |
| (b) or (c) of Section
15-1603 or upon the entry of a judgment | 15 |
| of foreclosure after the waiver of
all rights of redemption, | 16 |
| except as provided in subsection (g) of Section
15-1506, the | 17 |
| real estate shall be sold at a sale as provided in this
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| Article, on such terms and conditions as shall be specified by | 19 |
| the court in
the judgment of foreclosure. A sale may be | 20 |
| conducted by any judge or sheriff.
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| (c) Notice of Sale. The mortgagee, or such other party | 22 |
| designated by the
court, in a foreclosure under this Article | 23 |
| shall give public notice of the
sale as follows:
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| (1) The notice of sale shall include at least the | 2 |
| following information,
but an immaterial error in the | 3 |
| information shall not invalidate the legal
effect of the | 4 |
| notice:
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| (A) the name, address and telephone number of the | 6 |
| person to contact for
information regarding the real | 7 |
| estate;
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| (B) the common address and other common | 9 |
| description (other than legal
description), if any, of | 10 |
| the real estate;
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| (C) a legal description of the real estate | 12 |
| sufficient to identify it with
reasonable certainty;
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| (D) a description of the improvements on the real | 14 |
| estate;
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| (E) the times specified in the judgment, if any, | 16 |
| when the real estate
may be inspected prior to sale;
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| (F) the time and place of the sale;
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| (G) the terms of the sale;
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| (H) the case title, case number and the court in | 20 |
| which
the foreclosure was filed;
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| (H-1) in the case of a condominium unit to which | 22 |
| subsection (g) of Section 9 of the Condominium Property | 23 |
| Act applies, the statement required by subdivision | 24 |
| (g)(5) of Section 9 of the Condominium Property Act; | 25 |
| and
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| (H-2) in the case of a unit of a common interest |
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| community to which subsection (g-1) of Section 18.5 of | 2 |
| the Condominium Property Act applies, the statement | 3 |
| required by subdivision (g-1) of Section 18.5 of the | 4 |
| Condominium Property Act; and
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| (I) such other information ordered by the Court.
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| (2) The notice of sale shall be published at least 3 | 7 |
| consecutive
calendar weeks (Sunday through Saturday), once | 8 |
| in each week, the first such
notice to be published not | 9 |
| more than 45 days prior to the sale, the last
such notice | 10 |
| to be published not less than 7 days prior to the sale, by:
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| (i) (A) advertisements in a newspaper circulated to the | 12 |
| general public
in the county in which the real estate is | 13 |
| located, in the section of that
newspaper where legal | 14 |
| notices are commonly placed and (B) separate
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| advertisements in the section of such a newspaper, which | 16 |
| (except in
counties with a population in excess of | 17 |
| 3,000,000) may be the same
newspaper, in which real estate | 18 |
| other than real estate being sold as part of
legal | 19 |
| proceedings is commonly advertised to the general public; | 20 |
| provided,
that the separate advertisements in the real | 21 |
| estate section need not
include a legal description and | 22 |
| that where both advertisements could be
published in the | 23 |
| same newspaper and that newspaper does not have separate
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| legal notices and real estate advertisement sections, a | 25 |
| single
advertisement with the legal description shall be | 26 |
| sufficient; and
(ii) such other publications as may be |
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| further ordered by the court.
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| (3) The party who gives notice of public sale in | 3 |
| accordance with
subsection (c) of Section 15-1507 shall | 4 |
| also give notice to all parties in
the action who have | 5 |
| appeared and have not theretofore been found by the
court | 6 |
| to be in default for failure to plead. Such notice shall be | 7 |
| given in
the manner provided in the applicable rules of | 8 |
| court for service of papers
other than process and | 9 |
| complaint, not more than 45 days nor less
than 7
days prior | 10 |
| to the day of sale. After notice is given as required in | 11 |
| this
Section a copy thereof shall be filed in the office of | 12 |
| the clerk of the
court entering the judgment, together with | 13 |
| a certificate of counsel or
other proof that notice has | 14 |
| been served in compliance with this Section.
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| (4) The party who gives notice of public sale in | 16 |
| accordance with
subsection (c) of Section 15-1507 shall | 17 |
| again give notice in accordance
with that Section of any | 18 |
| adjourned sale; provided, however, that if the
adjourned | 19 |
| sale is to occur less than 60 days after the last scheduled | 20 |
| sale,
notice of any adjourned sale need not be given | 21 |
| pursuant to this
Section. In the event of adjournment, the
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| person conducting the sale shall, upon adjournment, | 23 |
| announce the date, time
and place upon which the adjourned | 24 |
| sale shall be held. Notwithstanding any
language to the | 25 |
| contrary, for any adjourned sale that is to be conducted
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| more than 60 days after the date on which it was to first |
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| be held, the
party giving notice of such sale shall again | 2 |
| give notice in accordance with
this Section.
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| (5) Notice of the sale may be given prior to the | 4 |
| expiration of any
reinstatement period or redemption | 5 |
| period.
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| (6) No other notice by publication or posting shall be | 7 |
| necessary unless
required by order or rule of the court.
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| (7) The person named in the notice of sale to be | 9 |
| contacted for
information about the real estate may, but | 10 |
| shall not be required, to
provide additional information | 11 |
| other than that set forth in the notice of sale.
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| (d) Election of Property. If the real estate which is the | 13 |
| subject of a
judgment of foreclosure is susceptible of | 14 |
| division, the court may order it to be sold
as necessary to | 15 |
| satisfy the judgment. The court shall determine which real
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| estate shall be sold, and the court may determine the order in | 17 |
| which
separate tracts may be sold.
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| (e) Receipt upon Sale.
Upon and at the sale
of mortgaged | 19 |
| real estate, the person conducting the sale shall give to
the | 20 |
| purchaser a receipt of sale. The receipt shall describe the | 21 |
| real
estate purchased and shall show the amount bid, the amount | 22 |
| paid, the
total amount paid to
date and the amount still to be | 23 |
| paid therefor. An
additional receipt shall be given at the time | 24 |
| of each subsequent
payment.
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| (f) Certificate of Sale. Upon
payment in full of the amount | 26 |
| bid, the person conducting
the sale shall issue, in duplicate, |
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| and give to the purchaser a Certificate
of Sale. The | 2 |
| Certificate of Sale shall be in a recordable form, describe
the | 3 |
| real estate purchased, indicate the date and place of sale and | 4 |
| show the
amount paid therefor. The Certificate of Sale shall | 5 |
| further indicate that
it is subject to confirmation by the | 6 |
| court. The duplicate certificate may
be recorded in accordance | 7 |
| with Section 12-121. The Certificate of Sale
shall be freely | 8 |
| assignable by endorsement thereon.
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| (g) Interest after Sale. Any bid at sale shall be deemed to | 10 |
| include,
without the necessity of a court order, interest at | 11 |
| the statutory judgment
rate on any unpaid portion of the sale | 12 |
| price from the date of sale to the
date of payment.
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| (Source: P.A. 94-1049, eff. 1-1-07.)
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| Section 10. The Condominium Property Act is amended by | 15 |
| changing Section 18.5 as follows:
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| (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
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| Sec. 18.5. Master Associations.
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| (a) If the declaration, other condominium instrument, or | 19 |
| other duly
recorded covenants provide that any of the powers of | 20 |
| the unit owners
associations are to be exercised by or may be | 21 |
| delegated to a nonprofit
corporation or unincorporated | 22 |
| association that exercises
those or other powers on behalf of | 23 |
| one or more condominiums, or for the
benefit of the unit owners | 24 |
| of one or more condominiums, such
corporation or association |
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| shall be a master association.
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| (b) There shall be included in the declaration, other
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| condominium instruments, or other duly recorded covenants | 4 |
| establishing
the powers and duties of the master association | 5 |
| the provisions set forth in
subsections (c) through (h).
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| In interpreting subsections (c) through (h), the courts | 7 |
| should
interpret these provisions so that they are interpreted | 8 |
| consistently with
the similar parallel provisions found in | 9 |
| other parts of this Act.
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| (c) Meetings and finances.
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| (1) Each unit owner of a condominium subject to the | 12 |
| authority of
the board of the master association shall | 13 |
| receive, at least 30 days prior
to the adoption thereof by | 14 |
| the board of the master association, a copy of
the proposed | 15 |
| annual budget.
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| (2) The board of the master association shall annually | 17 |
| supply to
all unit owners of condominiums subject to the | 18 |
| authority of the board
of the master association an | 19 |
| itemized accounting of the common
expenses for the | 20 |
| preceding year actually incurred or paid, together with a
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| tabulation of the amounts collected pursuant to the budget | 22 |
| or assessment,
and showing the net excess or deficit of | 23 |
| income over expenditures plus
reserves.
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| (3) Each unit owner of a condominium subject to the | 25 |
| authority of
the board of the master association shall | 26 |
| receive written notice mailed
or delivered no less than 10 |
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| and no more than 30 days prior to any meeting
of the board | 2 |
| of the master association concerning the adoption of the | 3 |
| proposed
annual budget or any increase in the budget, or | 4 |
| establishment of an
assessment.
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| (4) Meetings of the board of the master association | 6 |
| shall be open
to any unit owner in a condominium subject to | 7 |
| the authority of the board
of the master association, | 8 |
| except for the portion of any meeting held:
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| (A) to discuss litigation when an action against or | 10 |
| on behalf of the
particular master association has been | 11 |
| filed and is pending in a court or
administrative | 12 |
| tribunal, or when the board of the master association | 13 |
| finds
that such an action is probable or imminent,
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| (B) to consider information regarding appointment, | 15 |
| employment or
dismissal of an employee, or
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| (C) to discuss violations of rules and regulations | 17 |
| of the master
association or unpaid common expenses | 18 |
| owed to the master association.
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| Any vote on these matters shall be taken at a meeting or | 20 |
| portion thereof
open to any unit owner of a condominium | 21 |
| subject to the authority of the
master association.
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| Any unit owner may record the proceedings at meetings | 23 |
| required
to be open by this Act by tape, film or other | 24 |
| means; the board may
prescribe reasonable rules and | 25 |
| regulations to govern the right to make such
recordings. | 26 |
| Notice of meetings shall be mailed or delivered at least 48
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| hours prior thereto, unless a written waiver of such notice | 2 |
| is signed by
the persons entitled to notice before the | 3 |
| meeting is convened. Copies of
notices of meetings of the | 4 |
| board of the master association shall be posted
in | 5 |
| entranceways, elevators, or other conspicuous places in | 6 |
| the condominium
at least 48 hours prior to the meeting of | 7 |
| the board of the master
association. Where there is no | 8 |
| common entranceway for 7 or more units, the
board of the | 9 |
| master association may designate one or more locations in | 10 |
| the
proximity of these units where the notices of meetings | 11 |
| shall be posted.
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| (5) If the declaration provides for election by unit | 13 |
| owners of members
of the board of directors in the event of | 14 |
| a resale of a unit in the master
association, the purchaser | 15 |
| of a unit from a seller other than the developer
pursuant | 16 |
| to an installment contract for purchase shall, during such
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| times as he or she resides in the unit, be counted toward a | 18 |
| quorum for
purposes of election of members of the board of | 19 |
| directors at any
meeting of the unit owners called for | 20 |
| purposes of electing members of the
board, and shall have | 21 |
| the right to vote for the election of members of
the board | 22 |
| of directors and to be elected to and serve on the board of
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| directors unless the seller expressly retains in writing
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| any or all of those rights. In no event may the seller and
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| purchaser both be counted toward a quorum, be permitted to | 26 |
| vote for a
particular office, or be elected and serve on |
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| the board. Satisfactory
evidence of the installment | 2 |
| contract shall be made available to the
association or its | 3 |
| agents. For purposes of this subsection, "installment
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| contract" shall have the same meaning as set forth in | 5 |
| subsection (e) of
Section 1 of the Dwelling Unit | 6 |
| Installment Contract Act.
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| (6) The board of the master association shall have the | 8 |
| authority to
establish and maintain a system of master | 9 |
| metering of public utility
services and to collect payments | 10 |
| in connection therewith, subject to the
requirements of the | 11 |
| Tenant Utility Payment Disclosure Act.
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| (7) The board of the master association or a common | 13 |
| interest community
association shall have the power, after | 14 |
| notice and an opportunity to be heard,
to levy and collect | 15 |
| reasonable fines from members for violations of the
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| declaration, bylaws, and rules and regulations of the | 17 |
| master association or
the common interest community | 18 |
| association. Nothing contained in this
subdivision (7) | 19 |
| shall give rise to a statutory lien for unpaid fines.
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| (8) Other than attorney's fees, no fees pertaining to | 21 |
| the collection of a unit owner's financial obligation to | 22 |
| the Association, including fees charged by a manager or | 23 |
| managing agent, shall be added to and deemed a part of an | 24 |
| owner's respective share of the common expenses unless: (i) | 25 |
| the managing agent fees relate to the costs to collect | 26 |
| common expenses for the Association; (ii) the fees are set |
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| forth in a contract between the managing agent and the | 2 |
| Association; and (iii) the authority to add the management | 3 |
| fees to an owner's respective share of the common expenses | 4 |
| is specifically stated in the declaration or bylaws of the | 5 |
| Association. | 6 |
| (d) Records.
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| (1) The board of the master association shall maintain | 8 |
| the following
records of the association and make them | 9 |
| available for examination and
copying at convenient hours | 10 |
| of weekdays by any unit owners in a condominium
subject to | 11 |
| the authority of the board or their mortgagees and their | 12 |
| duly
authorized agents or attorneys:
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| (i) Copies of the recorded declaration, other | 14 |
| condominium instruments,
other duly recorded covenants | 15 |
| and bylaws and any amendments, articles of
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| incorporation of the master association, annual | 17 |
| reports and any rules and
regulations adopted by the | 18 |
| master association or its board shall
be available. | 19 |
| Prior to the organization of the master association, | 20 |
| the
developer shall maintain and make available the | 21 |
| records set forth in this
subdivision (d)(1) for | 22 |
| examination and copying.
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| (ii) Detailed and accurate records in | 24 |
| chronological order of the
receipts and expenditures | 25 |
| affecting the common areas, specifying and
itemizing | 26 |
| the maintenance and repair expenses of the common areas |
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| and any
other expenses incurred, and copies of all | 2 |
| contracts, leases, or other
agreements entered into by | 3 |
| the master association, shall be maintained.
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| (iii) The minutes of all meetings of the master | 5 |
| association and the
board of the master association | 6 |
| shall be maintained for not less than 7 years.
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| (iv) Ballots and proxies related thereto, if any, | 8 |
| for any election
held for the board of the master | 9 |
| association and for any other matters
voted on by the | 10 |
| unit owners shall be maintained for
not less than one | 11 |
| year.
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| (v) Such other records of the master association as | 13 |
| are available
for inspection by members of a | 14 |
| not-for-profit corporation pursuant to
Section 107.75 | 15 |
| of the General Not For Profit Corporation Act of 1986 | 16 |
| shall
be maintained.
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| (vi) With respect to units owned by a land trust, | 18 |
| if a trustee
designates in writing a person to cast | 19 |
| votes on behalf of the unit
owner, the designation | 20 |
| shall remain in effect until a subsequent document
is | 21 |
| filed with the association.
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| (2) Where a request for records under this subsection | 23 |
| is made in writing
to the board of managers or its agent, | 24 |
| failure to provide the requested
record or to respond | 25 |
| within 30 days shall be deemed a denial by the board
of | 26 |
| directors.
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| (3) A reasonable fee may be charged by the master | 2 |
| association or its
board for the cost of copying.
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| (4) If the board of directors fails to provide records | 4 |
| properly
requested under subdivision (d)(1) within the
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| time period provided in subdivision (d)(2), the
unit owner | 6 |
| may seek appropriate relief, including an award of
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| attorney's fees and costs.
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| (e) The board of directors shall have standing and capacity | 9 |
| to act in
a representative capacity in relation to matters | 10 |
| involving the common areas
of the master association or more | 11 |
| than one unit, on behalf of the unit
owners as their interests | 12 |
| may appear.
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| (f) Administration of property prior to election of the | 14 |
| initial board
of directors.
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| (1) Until the election, by the unit owners or the | 16 |
| boards of
managers of the underlying condominium | 17 |
| associations, of the initial board
of directors of a master | 18 |
| association whose declaration is recorded on
or after | 19 |
| August 10, 1990, the same rights, titles, powers, | 20 |
| privileges,
trusts, duties and obligations that are vested | 21 |
| in or imposed upon the board
of directors by this Act or in | 22 |
| the declaration or other duly recorded
covenant shall be | 23 |
| held and performed by the developer.
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| (2) The election of the initial board of directors of a | 25 |
| master
association whose declaration is recorded on or | 26 |
| after August 10, 1990, by
the unit owners or the boards of |
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| managers of the underlying condominium
associations, shall | 2 |
| be held not later than 60 days after the conveyance by
the | 3 |
| developer of 75% of the units, or 3 years after the | 4 |
| recording of the
declaration, whichever is earlier. The | 5 |
| developer shall give at least 21
days notice of the meeting | 6 |
| to elect the initial board of directors and
shall upon | 7 |
| request provide to any unit owner, within 3 working days of | 8 |
| the
request, the names, addresses, and weighted vote of | 9 |
| each unit owner entitled to vote at the
meeting. Any unit | 10 |
| owner shall upon receipt of the request be provided with
| 11 |
| the same
information, within 10 days of the request, with | 12 |
| respect to
each
subsequent meeting to elect members of the | 13 |
| board of directors.
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| (3) If the initial board of directors of a master | 15 |
| association
whose declaration is recorded on or after | 16 |
| August 10, 1990 is not elected by
the unit owners or the | 17 |
| members of the underlying condominium association
board of | 18 |
| managers at the time established in subdivision (f)(2), the
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| developer shall continue in office for a period of 30 days, | 20 |
| whereupon
written notice of his resignation shall be sent | 21 |
| to all of the unit owners
or members of the underlying | 22 |
| condominium board of managers entitled to vote
at an | 23 |
| election for members of the board of directors.
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| (4) Within 60 days following the election of a majority | 25 |
| of the board
of directors, other than the developer, by | 26 |
| unit owners, the developer shall
deliver to the board of |
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| directors:
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| (i) All original documents as recorded or filed | 3 |
| pertaining to the
property, its administration, and | 4 |
| the association, such as the declaration,
articles of | 5 |
| incorporation, other instruments, annual reports, | 6 |
| minutes,
rules and regulations, and contracts, leases, | 7 |
| or other
agreements entered into by the association. If | 8 |
| any original documents are
unavailable, a copy may be | 9 |
| provided if certified by affidavit of the
developer, or | 10 |
| an officer or agent of the developer, as being a | 11 |
| complete
copy of the actual document recorded or filed.
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| (ii) A detailed accounting by the developer, | 13 |
| setting forth the
source and nature of receipts and | 14 |
| expenditures in connection with the
management, | 15 |
| maintenance and operation of the property, copies
of | 16 |
| all insurance policies, and a list of any loans or | 17 |
| advances to the
association which are outstanding.
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| (iii) Association funds, which shall have been at | 19 |
| all times
segregated from any other moneys of the | 20 |
| developer.
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| (iv) A schedule of all real or personal property, | 22 |
| equipment and
fixtures belonging to the association, | 23 |
| including documents transferring the
property, | 24 |
| warranties, if any, for all real and personal property | 25 |
| and
equipment, deeds, title insurance policies, and | 26 |
| all tax bills.
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| (v) A list of all litigation, administrative | 2 |
| action and arbitrations
involving the association, any | 3 |
| notices of governmental bodies involving
actions taken | 4 |
| or which may be taken concerning the association, | 5 |
| engineering and
architectural drawings and | 6 |
| specifications as approved by any governmental
| 7 |
| authority, all other documents filed with any other | 8 |
| governmental authority,
all governmental certificates, | 9 |
| correspondence involving enforcement of any
| 10 |
| association requirements, copies of any documents | 11 |
| relating to disputes
involving unit owners, and | 12 |
| originals of all documents relating to
everything | 13 |
| listed in this subparagraph.
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| (vi) If the developer fails to fully comply with | 15 |
| this paragraph (4)
within
the 60 days
provided and | 16 |
| fails to fully comply within 10 days of written demand | 17 |
| mailed by
registered
or certified mail to his or her | 18 |
| last known address, the board may bring an
action to
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| compel compliance with this paragraph (4).
If the court | 20 |
| finds that any of the
required
deliveries were not made | 21 |
| within the required period, the board shall be
entitled | 22 |
| to recover
its reasonable attorneys' fees and costs | 23 |
| incurred from and after the date of
expiration of
the | 24 |
| 10 day demand.
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| (5) With respect to any master association whose | 26 |
| declaration is
recorded on or after August 10, 1990, any |
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| contract, lease, or other
agreement made prior to the | 2 |
| election of a majority of the board of
directors other than | 3 |
| the developer by or on behalf of unit owners or
underlying | 4 |
| condominium associations, the association or the board of
| 5 |
| directors, which extends for a period of more than 2 years | 6 |
| from the
recording of the declaration, shall be subject to | 7 |
| cancellation by more than
1/2 of the votes of the unit | 8 |
| owners, other than the developer, cast at a
special meeting | 9 |
| of members called for that purpose during a period of 90
| 10 |
| days prior to the expiration of the 2 year period if the | 11 |
| board of managers
is elected by the unit owners, otherwise | 12 |
| by more than 1/2 of the underlying
condominium board of | 13 |
| managers. At least 60 days prior to the expiration of
the 2 | 14 |
| year period, the board of directors, or, if the board is | 15 |
| still under
developer control, then the board of managers | 16 |
| or the developer shall send
notice to every unit owner or | 17 |
| underlying condominium board of managers,
notifying them | 18 |
| of this provision, of what contracts, leases and other
| 19 |
| agreements are affected, and of the procedure for calling a | 20 |
| meeting of the
unit owners or for action by the underlying | 21 |
| condominium board of managers
for the purpose of acting to | 22 |
| terminate such contracts, leases or other
agreements. | 23 |
| During the 90 day period the other party to the contract,
| 24 |
| lease, or other agreement shall also have the right of | 25 |
| cancellation.
| 26 |
| (6) The statute of limitations for any actions in law |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| or equity which
the master association may bring shall not | 2 |
| begin to run until the unit
owners or underlying | 3 |
| condominium board of managers have elected a majority
of | 4 |
| the members of the board of directors.
| 5 |
| (g) In the event of any resale of a unit in a master | 6 |
| association by a unit
owner other than the developer, the owner | 7 |
| shall obtain from
the board of directors and shall make | 8 |
| available for inspection to the
prospective purchaser, upon | 9 |
| demand, the following:
| 10 |
| (1) A copy of the declaration, other instruments and | 11 |
| any rules and
regulations.
| 12 |
| (2) A statement of any liens, including a statement of | 13 |
| the account of
the unit setting forth the amounts of unpaid | 14 |
| assessments and other charges
due and owing.
| 15 |
| (3) A statement of any capital expenditures | 16 |
| anticipated by the
association within the current or | 17 |
| succeeding 2 fiscal years.
| 18 |
| (4) A statement of the status and amount of any reserve | 19 |
| for
replacement fund and any portion of such fund earmarked | 20 |
| for any specified
project by the board of directors.
| 21 |
| (5) A copy of the statement of financial condition of | 22 |
| the association
for the last fiscal year for which such a | 23 |
| statement is available.
| 24 |
| (6) A statement of the status of any pending suits or | 25 |
| judgments in which
the association is a party.
| 26 |
| (7) A statement setting forth what insurance coverage |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| 1 |
| is provided for
all unit owners by the association.
| 2 |
| (8) A statement that any improvements or alterations | 3 |
| made to the unit,
or any part of the common areas assigned | 4 |
| thereto, by the prior unit owner
are in good faith believed | 5 |
| to be in compliance with the declaration of the
master | 6 |
| association.
| 7 |
| The principal officer of the unit owner's association or | 8 |
| such
other officer as is specifically designated shall furnish | 9 |
| the above
information when requested to do so in writing, | 10 |
| within
30 days of receiving the request.
| 11 |
| A reasonable fee covering the direct out-of-pocket cost of | 12 |
| copying
and providing such information may be charged
by the | 13 |
| association or its board of directors to the unit
seller for | 14 |
| providing the information.
| 15 |
| (g-1) The purchaser of a unit of a common interest | 16 |
| community at a judicial foreclosure sale, other than a | 17 |
| mortgagee, who takes possession of a unit of a common interest | 18 |
| community pursuant to a court order or a purchaser who acquires | 19 |
| title from a mortgagee shall have the duty to pay the | 20 |
| proportionate share, if any, of the common expenses for the | 21 |
| unit that would have become due in the absence of any | 22 |
| assessment acceleration during the 6 months immediately | 23 |
| preceding institution of an action to enforce the collection of | 24 |
| assessments, and that remain unpaid by the owner during whose | 25 |
| possession the assessments accrued. If the outstanding | 26 |
| assessments are paid at any time during any action to enforce |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| the collection of assessments, the purchaser shall have no | 2 |
| obligation to pay any assessments that accrued before he or she | 3 |
| acquired title. The notice of sale of a unit of a common | 4 |
| interest community under subsection (c) of Section 15-1507 of | 5 |
| the Code of Civil Procedure shall state that the purchaser of | 6 |
| the unit other than a mortgagee shall pay the assessments | 7 |
| required by this subsection (g-1).
| 8 |
| (h) Errors and omissions.
| 9 |
| (1) If there is an omission or error in the declaration | 10 |
| or other
instrument of the master association, the master | 11 |
| association may correct
the error or omission by an | 12 |
| amendment to the declaration or other
instrument, as may be | 13 |
| required to conform it to this Act, to any other
applicable | 14 |
| statute, or to the declaration. The amendment shall be | 15 |
| adopted
by vote of two-thirds of the members of the board | 16 |
| of directors or by a
majority vote of the unit owners at a | 17 |
| meeting called for that purpose,
unless the Act or the | 18 |
| declaration of the master association specifically
| 19 |
| provides for greater percentages or different procedures.
| 20 |
| (2) If, through a scrivener's error, a unit has not | 21 |
| been
designated as owning an appropriate undivided share of | 22 |
| the common areas
or does not bear an appropriate share of | 23 |
| the common expenses, or if
all of the common expenses or | 24 |
| all of the common elements in
the condominium have not been | 25 |
| distributed in the declaration, so that the
sum total of | 26 |
| the shares of common areas which have been distributed or |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| the
sum total of the shares of the common expenses fail to | 2 |
| equal 100%, or if it
appears that more than 100% of the | 3 |
| common elements or common expenses have
been distributed, | 4 |
| the error may be corrected by operation of law by filing
an | 5 |
| amendment to the declaration, approved by vote of | 6 |
| two-thirds of the
members of the board of directors or a | 7 |
| majority vote of the unit owners at
a meeting called for | 8 |
| that purpose, which proportionately
adjusts all percentage | 9 |
| interests so that the total is equal to 100%,
unless the | 10 |
| declaration specifically provides for a different | 11 |
| procedure or
different percentage vote by the owners of the | 12 |
| units and the owners of
mortgages thereon affected by | 13 |
| modification being made in the undivided
interest in the | 14 |
| common areas, the number of votes in the unit owners
| 15 |
| association or the liability for common expenses | 16 |
| appertaining to the unit.
| 17 |
| (3) If an omission or error or a scrivener's error in | 18 |
| the
declaration or other instrument is corrected by vote of | 19 |
| two-thirds of
the members of the board of directors | 20 |
| pursuant to the authority established
in subdivisions | 21 |
| (h)(1) or (h)(2) of this Section, the board, upon
written | 22 |
| petition by unit owners with 20% of the votes of the | 23 |
| association or
resolutions adopted by the board of managers | 24 |
| or board of directors of the
condominium and common | 25 |
| interest community associations which select 20% of
the | 26 |
| members of the board of directors of the master |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| 1 |
| association, whichever
is applicable, received within 30 | 2 |
| days of the board action, shall call a
meeting of the unit | 3 |
| owners or the boards of the condominium and common
interest | 4 |
| community associations which select members of the board of
| 5 |
| directors of the master association within 30 days of the | 6 |
| filing of the
petition or receipt of the condominium and | 7 |
| common interest community
association resolution to | 8 |
| consider the board action. Unless a majority of
the votes | 9 |
| of the unit owners of the association are cast at the | 10 |
| meeting to
reject the action, or board of managers or board | 11 |
| of directors of
condominium and common interest community | 12 |
| associations which select over
50% of the members of the | 13 |
| board of the master association adopt resolutions
prior to | 14 |
| the meeting rejecting the action of the board of directors | 15 |
| of the
master association, it is ratified whether or not a | 16 |
| quorum is present.
| 17 |
| (4) The procedures for amendments set forth in this | 18 |
| subsection (h)
cannot be used if such an amendment would | 19 |
| materially or adversely affect
property rights of the unit | 20 |
| owners unless the affected unit owners consent
in writing. | 21 |
| This Section does not restrict the powers of the | 22 |
| association
to otherwise amend the declaration, bylaws, or | 23 |
| other condominium
instruments, but authorizes a simple | 24 |
| process of amendment requiring a
lesser vote for the | 25 |
| purpose of correcting defects, errors, or omissions
when | 26 |
| the property rights of the unit owners are not materially |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| 1 |
| or adversely
affected.
| 2 |
| (5) If there is an omission or error in the declaration | 3 |
| or other
instruments that may not be corrected by an | 4 |
| amendment procedure
set forth in subdivision (h)(1) or | 5 |
| (h)(2) of this Section, then
the circuit court in the | 6 |
| county in which the master
association is located shall | 7 |
| have jurisdiction to hear a petition of one or
more of the | 8 |
| unit owners thereon or of the association, to correct the | 9 |
| error
or omission, and the action may be a class action. | 10 |
| The court may require
that one or more methods of | 11 |
| correcting the error or omission be submitted
to the unit | 12 |
| owners to determine the most acceptable correction. All | 13 |
| unit
owners in the association must be joined as parties to | 14 |
| the action. Service
of process on owners may be by | 15 |
| publication, but the plaintiff shall furnish
all unit | 16 |
| owners not personally served with process with copies of | 17 |
| the
petition and final judgment of the court by certified | 18 |
| mail, return receipt
requested, at their last known | 19 |
| address.
| 20 |
| (6) Nothing contained in this Section shall be | 21 |
| construed to invalidate
any provision of a declaration | 22 |
| authorizing the developer to amend
an instrument prior to | 23 |
| the latest date on which the initial
membership meeting of | 24 |
| the unit owners must be held, whether or not it has
| 25 |
| actually been held, to bring the instrument into compliance | 26 |
| with the legal
requirements of the Federal National |
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| 1 |
| Mortgage Association, the Federal Home
Loan Mortgage | 2 |
| Corporation, the Federal Housing Administration, the | 3 |
| United
States Veterans Administration or their respective | 4 |
| successors and assigns.
| 5 |
| (i) The provisions of subsections (c) through (h) are | 6 |
| applicable
to all declarations, other condominium instruments, | 7 |
| and other
duly recorded covenants establishing the powers and | 8 |
| duties of the master
association recorded under this Act. Any | 9 |
| portion of a declaration,
other condominium instrument, or | 10 |
| other duly recorded covenant establishing
the powers and duties | 11 |
| of a master association which contains provisions
contrary to | 12 |
| the provisions of subsection (c) through (h) shall be void as
| 13 |
| against public policy and ineffective. Any declaration, other | 14 |
| condominium
instrument, or other duly recorded covenant | 15 |
| establishing the powers and
duties of the master association | 16 |
| which fails to contain the provisions
required by subsections | 17 |
| (c) through (h) shall be deemed to incorporate such
provisions | 18 |
| by operation of law.
| 19 |
| (j) The provisions of subsections (c) through (h) are | 20 |
| applicable to
all common interest community associations and | 21 |
| their unit owners for common
interest community associations | 22 |
| which are subject to the provisions of Section
9-102(a)(8) of | 23 |
| the Code of Civil Procedure. For purposes of this
subsection, | 24 |
| the terms "common interest community" and "unit owners"
shall | 25 |
| have the same meaning as set forth in Section 9-102(c) of the | 26 |
| Code of
Civil Procedure.
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HB5509 Enrolled |
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LRB096 18796 AJO 34181 b |
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| 1 |
| (Source: P.A. 94-384, eff. 1-1-06.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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