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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0254
LRB9101312KSgc
1 AN ACT to amend the Condominium Property Act by changing
2 Section 18.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Condominium Property Act is amended by
6 changing Section 18.4 as follows:
7 (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
8 Sec. 18.4. Powers and Duties of Board of Managers. The
9 board of managers shall exercise for the association all
10 powers, duties and authority vested in the association by law
11 or the condominium instruments except for such powers, duties
12 and authority reserved by law to the members of the
13 association. The powers and duties of the board of managers
14 shall include, but shall not be limited to, the following:
15 (a) To provide for the operation, care, upkeep,
16 maintenance, replacement and improvement of the common
17 elements. Nothing in this subsection (a) shall be deemed
18 to invalidate any provision in a condominium instrument
19 placing limits on expenditures for the common elements,
20 provided, that such limits shall not be applicable to
21 expenditures for repair, replacement, or restoration of
22 existing portions of the common elements. The term
23 "repair, replacement or restoration" means expenditures
24 to deteriorated or damaged portions of the property
25 related to the existing decorating, facilities, or
26 structural or mechanical components, interior or exterior
27 surfaces, or energy systems and equipment with the
28 functional equivalent of the original portions of such
29 areas. Replacement of the common elements may result in
30 an improvement over the original quality of such elements
31 or facilities; provided that, unless the improvement is
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1 mandated by law or is an emergency as defined in item
2 (iv) of subparagraph (8) of paragraph (a) of Section 18,
3 if the improvement results in a proposed expenditure
4 exceeding 5% of the annual budget, the board of managers,
5 upon written petition by unit owners with 20% of the
6 votes of the association delivered to the board within 14
7 days of the board action to approve the expenditure,
8 shall call a meeting of the unit owners within 30 days of
9 the date of delivery of the petition to consider the
10 expenditure. Unless a majority of the total votes of the
11 unit owners are cast at the meeting to reject the
12 expenditure, it is ratified.
13 (b) To prepare, adopt and distribute the annual
14 budget for the property.
15 (c) To levy and expend assessments.
16 (d) To collect assessments from unit owners.
17 (e) To provide for the employment and dismissal of
18 the personnel necessary or advisable for the maintenance
19 and operation of the common elements.
20 (f) To obtain adequate and appropriate kinds of
21 insurance.
22 (g) To own, convey, encumber, lease, and otherwise
23 deal with units conveyed to or purchased by it.
24 (h) To adopt and amend rules and regulations
25 covering the details of the operation and use of the
26 property, after a meeting of the unit owners called for
27 the specific purpose of discussing the proposed rules and
28 regulations. Notice of the meeting shall contain the
29 full text of the proposed rules and regulations, and the
30 meeting shall conform to the requirements of Section
31 18(b) of this Act, except that no quorum is required at
32 the meeting of the unit owners unless the declaration,
33 bylaws or other condominium instrument expressly provides
34 to the contrary. However, no rule or regulation may
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1 impair any rights guaranteed by the First Amendment to
2 the Constitution of the United States or Section 4 of
3 Article I of the Illinois Constitution, nor may any rules
4 or regulations conflict with the provisions of this Act
5 or the condominium instruments.
6 (i) To keep detailed, accurate records of the
7 receipts and expenditures affecting the use and operation
8 of the property.
9 (j) To have access to each unit from time to time
10 as may be necessary for the maintenance, repair or
11 replacement of any common elements or for making
12 emergency repairs necessary to prevent damage to the
13 common elements or to other units.
14 (k) To pay real property taxes, special
15 assessments, and any other special taxes or charges of
16 the State of Illinois or of any political subdivision
17 thereof, or other lawful taxing or assessing body, which
18 are authorized by law to be assessed and levied upon the
19 real property of the condominium.
20 (l) To impose charges for late payment of a unit
21 owner's proportionate share of the common expenses, or
22 any other expenses lawfully agreed upon, and after notice
23 and an opportunity to be heard, to levy reasonable fines
24 for violation of the declaration, by-laws, and rules and
25 regulations of the association.
26 (m) Unless the condominium instruments expressly
27 provide to the contrary, by a majority vote of the entire
28 board of managers, to assign the right of the association
29 to future income from common expenses or other sources,
30 and to mortgage or pledge substantially all of the
31 remaining assets of the association.
32 (n) To record the dedication of a portion of the
33 common elements to a public body for use as, or in
34 connection with, a street or utility where authorized by
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1 the unit owners under the provisions of Section 14.2.
2 (o) To record the granting of an easement for the
3 laying of cable television cable where authorized by the
4 unit owners under the provisions of Section 14.3; to
5 obtain, if available and determined by the board to be in
6 the best interests of the association, cable television
7 or other telecommunication service for all of the units
8 of the condominium on a bulk identical service and equal
9 cost per unit basis; and to assess and recover the
10 expense as a common expense and, if so determined by the
11 board, to assess each and every unit on the same equal
12 cost per unit basis.
13 (p) To seek relief on behalf of all unit owners
14 when authorized pursuant to subsection (c) of Section 10
15 from or in connection with the assessment or levying of
16 real property taxes, special assessments, and any other
17 special taxes or changes of the State of Illinois or of
18 any political subdivision thereof or of any lawful taxing
19 or assessing body.
20 (q) To reasonably accommodate the needs of a
21 handicapped unit owner as required by the federal Civil
22 Rights Act of 1968, the Human Rights Act and any
23 applicable local ordinances in the exercise of its powers
24 with respect to the use of common elements or approval of
25 modifications in an individual unit.
26 In the performance of their duties, the officers and
27 members of the board, whether appointed by the developer or
28 elected by the unit owners, shall exercise the care required
29 of a fiduciary of the unit owners.
30 The collection of assessments from unit owners by an
31 association, board of managers or their duly authorized
32 agents shall not be considered acts constituting a collection
33 agency for purposes of the Collection Agency Act.
34 The provisions of this Section are applicable to all
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1 condominium instruments recorded under this Act. Any portion
2 of a condominium instrument which contains provisions
3 contrary to these provisions shall be void as against public
4 policy and ineffective. Any such instrument that fails to
5 contain the provisions required by this Section shall be
6 deemed to incorporate such provisions by operation of law.
7 (Source: P.A. 88-626, eff. 9-9-94; 89-41, eff. 6-23-95.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.