90th General Assembly
Summary of SB0408
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Senate Sponsors:
CULLERTON.

House Sponsors:
FEIGENHOLTZ-ERWIN

Short description: 
ENTRY ADJOINING LAND-CONDOS                                                

Synopsis of Bill as introduced:
        Amends provisions of the Entry on Adjoining  Land  to  Accomplish      
   Repairs  Act  authorizing  an  action  by the owner of a single family      
   residence to compel the owner of adjoining land  to  permit  entry  to      
   accomplish  repairs  to  the  residence.  Provides that "single family      
   residence" includes  real  estate  that  has  been  submitted  to  the      
   Condominium  Property  Act  and  contains  units used as single family      
   residences.                                                                 
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          765 ILCS 605/19                 from Ch. 30, par. 319                
        Amends the Condominium Property Act.  Changes some of  the  types      
   of records that the board of managers of an association must maintain.      
   Provides  that  the  records  shall be maintained at the association's      
   principal office. Provides that in an action to compel examination  of      
   these  certain  records,  the  burden  of  proof  is  on the member to      
   establish that the member's request is based on a proper  purpose  and      
   adds  a  limitation  to  recovering attorney's fees and costs from the      
   association, allowing recovery only if the court finds that the  board      
   of  directors  acted  in  bad faith.  Provides that the actual cost of      
   retrieving and making requested records available for  inspection  and      
   examination shall be charged to the requesting member (instead of just      
   copying  costs).   Provides  that  certain  records  need  not be made      
   available for inspection, examination, and copying.  Provides that the      
   provisions concerning records of the association are applicable to all      
   condominium instruments recorded under the Act.  Makes other  changes.      
   Effective immediately.                                                      
          FISCAL NOTE, H-AM 1 (Office of Ill. Courts)                          
          There will be no fiscal impact on the Judicial Branch.               
          JUDICIAL NOTE, H-AM 1                                                
          It is not possible to determine what impact the bill will have       
          on the need to increase the number of judges in the state.           
          STATE MANDATES FISCAL NOTE, H-AM 1 (DCCA)                            
          Fails to create a State mandate.                                     
          HOME RULE NOTE, H-AM 1                                               
          Does not preempt home rule authority.                                
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the Senate concur in H-am 1.                           
        Recommends that the bill be further amended as follows:                
          Adds reference to:                                                   
          735 ILCS 5/9-104.1              from Ch. 110, par. 9-104.1           
          735 ILCS 5/9-104.2              from Ch. 110, par. 9-104.2           
        Amends the Forcible Entry and Detainer Article  of  the  Code  of      
   Civil Procedure.  Provides that in matters dealing with demand notices      
   given  to  condominium  owners  or  purchasers  of lands or tenements,      
   service of the demand by registered or certified mail shall be  deemed      
   effective  upon  deposit in the United States mail with proper postage      
   prepaid and addressed to the last known address of  the  person  being      
   served.   Provides  that  the  board  of  managers  of  a  condominium      
   association may serve a tenant of a defaulting owner of a unit  within      
   that  association with a copy of the notice sent to the owner that the      
   board intends to maintain an action for possession of the  condominium      
   and  thereby  seek  to  simultaneously terminate the lease between the      
   defaulting owner and tenant.  Provides  that  if  the  action  seeking      
   possession is brought against the defaulting owner only, the board may      
   thereafter  serve  the  tenant with notice of the judgment against the      
   owner and a demand to quit the premises at  least  10  days  prior  to      
   filing suit.  Makes other changes.                                          
 
Last action on Bill: PUBLIC ACT.............................. 90-0496

   Last action date: 97-08-18

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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