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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0254enr SB254 Enrolled 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 SB254 Enrolled -2- LRB9101312KSgc 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 SB254 Enrolled -3- LRB9101312KSgc 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 SB254 Enrolled -4- LRB9101312KSgc 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 service for all of the units of the condominium on a bulk 8 identical service and equal cost per unit basis; and to 9 assess and recover the expense as a common expense and, 10 if so determined by the board, to assess each and every 11 unit on the same equal cost per unit basis. 12 (p) To seek relief on behalf of all unit owners 13 when authorized pursuant to subsection (c) of Section 10 14 from or in connection with the assessment or levying of 15 real property taxes, special assessments, and any other 16 special taxes or changes of the State of Illinois or of 17 any political subdivision thereof or of any lawful taxing 18 or assessing body. 19 (q) To reasonably accommodate the needs of a 20 handicapped unit owner as required by the federal Civil 21 Rights Act of 1968, the Human Rights Act and any 22 applicable local ordinances in the exercise of its powers 23 with respect to the use of common elements or approval of 24 modifications in an individual unit. 25 In the performance of their duties, the officers and 26 members of the board, whether appointed by the developer or 27 elected by the unit owners, shall exercise the care required 28 of a fiduciary of the unit owners. 29 The collection of assessments from unit owners by an 30 association, board of managers or their duly authorized 31 agents shall not be considered acts constituting a collection 32 agency for purposes of the Collection Agency Act. 33 The provisions of this Section are applicable to all 34 condominium instruments recorded under this Act. Any portion SB254 Enrolled -5- LRB9101312KSgc 1 of a condominium instrument which contains provisions 2 contrary to these provisions shall be void as against public 3 policy and ineffective. Any such instrument that fails to 4 contain the provisions required by this Section shall be 5 deemed to incorporate such provisions by operation of law. 6 (Source: P.A. 88-626, eff. 9-9-94; 89-41, eff. 6-23-95.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.