Bill Status of HB 58   102nd General Assembly

Short Description:  RECORDERS-UNLAWFUL COVENANTS

House Sponsors
Rep. Daniel Didech-Jennifer Gong-Gershowitz-Theresa Mah, Robyn Gabel, Will Guzzardi, Jonathan Carroll, Bob Morgan, Anna Moeller, Sam Yingling, Dagmara Avelar, Terra Costa Howard, Elizabeth Hernandez, Kelly M. Burke and Seth Lewis

Senate Sponsors
(Sen. Adriane Johnson-Jacqueline Y. Collins, Ann Gillespie, Julie A. Morrison, Omar Aquino, Cristina H. Pacione-Zayas-Mattie Hunter, Robert F. Martwick, Emil Jones, III, Michael E. Hastings, Karina Villa, Doris Turner, Win Stoller, Christopher Belt, Sally J. Turner, Scott M. Bennett, Elgie R. Sims, Jr. and Patricia Van Pelt)


Last Action  View All Actions

DateChamber Action
  7/23/2021HousePublic Act . . . . . . . . . 102-0110

Statutes Amended In Order of Appearance
55 ILCS 5/3-5048 new

Synopsis As Introduced
Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.

Actions 
DateChamber Action
  1/13/2021HouseFiled with the Clerk by Rep. Daniel Didech
  1/14/2021HouseFirst Reading
  1/14/2021HouseReferred to Rules Committee
  2/23/2021HouseAssigned to Judiciary - Civil Committee
  2/23/2021HouseAdded Co-Sponsor Rep. Robyn Gabel
  2/23/2021HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/23/2021HouseAdded Co-Sponsor Rep. Jonathan Carroll
  2/23/2021HouseAdded Co-Sponsor Rep. Bob Morgan
  2/23/2021HouseAdded Co-Sponsor Rep. Anna Moeller
  2/23/2021HouseAdded Co-Sponsor Rep. Sam Yingling
  3/2/2021HouseDo Pass / Consent Calendar Judiciary - Civil Committee; 016-000-000
  3/3/2021HouseAdded Chief Co-Sponsor Rep. Jennifer Gong-Gershowitz
  3/3/2021HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/3/2021HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/4/2021HousePlaced on Calendar 2nd Reading - Consent Calendar
  3/19/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  3/19/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/23/2021HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/23/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/23/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 016-000-000
  4/12/2021HouseRemoved from Consent Calendar Status Rep. Greg Harris
  4/12/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/14/2021HouseSecond Reading - Short Debate
  4/14/2021HouseHouse Floor Amendment No. 1 Adopted
  4/14/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2021HouseThird Reading - Short Debate - Passed 115-000-000
  4/15/2021HouseAdded Co-Sponsor Rep. Kelly M. Burke
  4/15/2021HouseAdded Chief Co-Sponsor Rep. Theresa Mah
  4/16/2021HouseAdded Co-Sponsor Rep. Seth Lewis
  4/19/2021SenateArrive in Senate
  4/19/2021SenatePlaced on Calendar Order of First Reading
  4/19/2021SenateChief Senate Sponsor Sen. Adriane Johnson
  4/19/2021SenateFirst Reading
  4/19/2021SenateReferred to Assignments
  4/20/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Ann Gillespie
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Cristina H. Pacione-Zayas
  4/20/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Karina Villa
  4/20/2021SenateAdded as Alternate Co-Sponsor Sen. Doris Turner
  4/21/2021SenateAdded as Alternate Co-Sponsor Sen. Win Stoller
  4/21/2021SenateAdded as Alternate Co-Sponsor Sen. Christopher Belt
  4/28/2021SenateAssigned to Human Rights
  5/5/2021SenateAdded as Alternate Co-Sponsor Sen. Sally J. Turner
  5/6/2021SenateDo Pass Human Rights; 009-000-000
  5/6/2021SenatePlaced on Calendar Order of 2nd Reading May 10, 2021
  5/11/2021SenateAdded as Alternate Co-Sponsor Sen. Scott M. Bennett
  5/13/2021SenateSecond Reading
  5/13/2021SenatePlaced on Calendar Order of 3rd Reading May 14, 2021
  5/20/2021SenateAdded as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.
  5/20/2021SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/24/2021SenatePlaced on Calendar Order of 3rd Reading ** May 25, 2021
  5/27/2021SenateThird Reading - Passed; 057-000-000
  5/27/2021HousePassed Both Houses
  6/23/2021HouseSent to the Governor
  7/23/2021HouseGovernor Approved
  7/23/2021HouseEffective Date January 1, 2022
  7/23/2021HousePublic Act . . . . . . . . . 102-0110

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