Full Text of HB5783 94th General Assembly
HB5783 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5783
Introduced 04/25/06, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
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765 ILCS 605/30 |
from Ch. 30, par. 330 |
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Amends the Condominium Property Act. Provides as to a conversion condominium that a tenant who vacated a unit in a building within 18 months of the real estate becoming a conversion condominium and who did not receive a notice of intent to submit the real estate to the Act must be awarded damages of $10,000 plus reasonable attorney's fees and costs. Provides that a non-profit housing organization suing for an aggrieved party may also recover compensation for diversion of mission necessary for filing the action.
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A BILL FOR
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HB5783 |
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LRB094 20381 AJO 58531 b |
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| AN ACT concerning property.
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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 Condominium Property Act is amended by | 5 |
| changing Section 30 as follows:
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| (765 ILCS 605/30) (from Ch. 30, par. 330)
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| Sec. 30. Conversion condominiums; notice; recording.
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| (a) No real estate may be submitted to the provisions of | 9 |
| the
Act as a conversion condominium unless (i) a notice of | 10 |
| intent to submit
the real estate to this Act (notice of intent) | 11 |
| has been given to all persons
who were tenants of the building | 12 |
| located on the real estate on the date
the notice is given. | 13 |
| Such notice shall be given at least 30 days, and
not more than | 14 |
| 1 year prior to the recording of the declaration which submits
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| the real estate to this Act; and (ii) the developer executes | 16 |
| and acknowledges
a certificate which shall be attached to and | 17 |
| made a part of the declaration
and which provides that the | 18 |
| developer, prior to the execution by him or
his agent of any | 19 |
| agreement for the sale of a unit, has given a copy of the
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| notice of intent to all persons who were tenants of the | 21 |
| building located
on the real estate on the date the notice of | 22 |
| intent was given. Any tenant who vacated a unit in a building | 23 |
| on real estate that became a conversion condominium within 18 | 24 |
| months before the real estate is submitted to the provisions of | 25 |
| this Act or before the developer or his or her agent executed | 26 |
| any agreement for the sale of a unit, without receiving a | 27 |
| notice of intent defined in this Section, shall be awarded | 28 |
| damages of $10,000 plus reasonable attorney's fees and costs. A | 29 |
| non-profit housing organization, suing on behalf of an | 30 |
| aggrieved party, may also recover compensation for diversion of | 31 |
| mission necessary for filing the action.
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| Any developer of a conversion condominium must, upon |
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HB5783 |
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LRB094 20381 AJO 58531 b |
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| issuing the notice
of intent, publish and deliver along with | 2 |
| such notice of intent, a schedule
of selling prices for all | 3 |
| units subject to the condominium instruments and
offer to sell | 4 |
| such unit to the current tenants, except for units to be | 5 |
| vacated
for rehabilitation subsequent to such notice of intent. | 6 |
| Such offer shall
not expire earlier than 30 days after receipt | 7 |
| of the offer by the current
tenant, unless the tenant notifies | 8 |
| the developer in writing of his election
not to purchase the | 9 |
| condominium unit.
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| Any tenant who was a tenant as of the date of the notice of | 11 |
| intent and
whose tenancy expires (other than for cause) prior | 12 |
| to the expiration of
120 days from the date on which a copy of | 13 |
| the notice of intent was given
to the tenant shall have the | 14 |
| right to extend his tenancy on the same terms
and conditions | 15 |
| and for the same rental until the expiration of such 120
day | 16 |
| period by the giving of written notice thereof to the developer | 17 |
| within
30 days of the date upon which a copy of the notice of | 18 |
| intent was given
to the tenant by the developer.
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| Each lessee in a conversion condominium shall be informed | 20 |
| by the developer
at the time the notice of intent is given | 21 |
| whether his tenancy will be renewed
or terminated upon its | 22 |
| expiration. If the tenancy is to be renewed, the
tenant shall | 23 |
| be informed of all charges, rental or otherwise, in connection
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| with the new tenancy and the length of the term of occupancy | 25 |
| proposed in
conjunction therewith.
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| For a period of 120 days following his receipt of the | 27 |
| notice of intent,
any tenant who was a tenant on the date the | 28 |
| notice of intent was given shall
be given the right to purchase | 29 |
| his unit on substantially the same terms
and conditions as set | 30 |
| forth in a duly executed contract to purchase the
unit, which | 31 |
| contract shall conspicuously disclose the existence
of, and | 32 |
| shall be subject to, the right of first refusal. The tenant may
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| exercise the right of first refusal by giving notice thereof to | 34 |
| the developer
prior to the expiration of 30 days from the | 35 |
| giving of notice by the developer
to the tenant of the | 36 |
| execution of the contract to purchase the unit.
The tenant may |
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HB5783 |
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LRB094 20381 AJO 58531 b |
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| exercise such right of first refusal within 30 days from
the | 2 |
| giving of notice by the developer of the execution of a | 3 |
| contract to
purchase the unit, notwithstanding the expiration | 4 |
| of the 120 day period
following the tenant's receipt of the | 5 |
| notice of intent, if such contract
was executed prior to the | 6 |
| expiration of the 120 day period. The
recording of the deed | 7 |
| conveying the unit to the purchaser which contains
a statement | 8 |
| to the effect that the tenant of the unit either waived or | 9 |
| failed
to exercise the right of first refusal or option or had | 10 |
| no right of first
refusal or option with respect to the unit | 11 |
| shall extinguish any legal or
equitable right or interest to | 12 |
| the possession or acquisition of the unit which
the tenant may | 13 |
| have or claim with respect to the unit arising out of the
right | 14 |
| of first refusal or option provided for in this Section. The | 15 |
| foregoing
provision shall not affect any claim which the tenant | 16 |
| may have against
the landlord for damages arising out of the | 17 |
| right of first refusal
provided for in this Section.
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| During the 30 day period after the giving of notice of an | 19 |
| executed contract
in which the tenant may exercise the right of | 20 |
| first refusal, the developer
shall grant to such tenant access | 21 |
| to any portion of the building to inspect
any of its features | 22 |
| or systems and access to any reports, warranties, or
other | 23 |
| documents in the possession of the developer which reasonably | 24 |
| pertain
to the condition of the building. Such access shall be | 25 |
| subject to reasonable
limitations, including as to hours. The | 26 |
| refusal of the developer to grant
such access is a business | 27 |
| offense punishable by a fine of $500. Each refusal
to an | 28 |
| individual lessee who is a potential purchaser is a separate | 29 |
| violation.
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| Any notice provided for in this Section shall be deemed | 31 |
| given when a written
notice is delivered in person or mailed, | 32 |
| certified or registered mail, return
receipt requested to the | 33 |
| party who is being given the notice.
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| Prior to their initial sale, units offered for sale in a | 35 |
| conversion
condominium and occupied by a tenant at the time of | 36 |
| the offer shall be shown to
prospective purchasers only a |
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| reasonable number of times and at appropriate
hours. Units may | 2 |
| only be shown to prospective purchasers during the last 90
days | 3 |
| of any expiring tenancy.
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| Any provision in any lease or other rental agreement, or | 5 |
| any termination
of occupancy on account of condominium | 6 |
| conversion, not authorized herein,
or contrary to or waiving | 7 |
| the foregoing provisions, shall be deemed to be
void as against | 8 |
| public policy.
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| Nothing in this Section shall affect any provision in any | 10 |
| lease or rental
agreement in effect before this Act becomes | 11 |
| law.
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| (b) Nothing in this amendatory Act of 1978 shall be | 13 |
| construed to imply
that there was previously a requirement to | 14 |
| record the notice provided for
in subsection (a).
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| (Source: P.A. 88-417.)
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