093_SB0641eng SB641 Engrossed LRB093 06336 RLC 06455 b 1 AN ACT in relation to sex offender information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sex Offender and Child Murderer Community 5 Notification Law is amended by adding Section 116 as follows: 6 (730 ILCS 152/116 new) 7 Sec. 116. Informational notice in residential 8 agreements. Every written residential lease agreement (other 9 than for a single-family dwelling) and every agreement for 10 the purchase of a condominium unit or housing cooperative 11 unit must contain a notice stating how a renter or unit owner 12 can obtain information about persons who are registered as 13 sex offenders under the Sex Offender Registration Act. The 14 notice must include information describing how to access 15 information maintained by local law enforcement agencies or 16 in the Statewide Sex Offender Database that is posted on the 17 Department of State Police Web site. 18 Section 10. The Condominium Property Act is amended by 19 changing Section 18 as follows: 20 (765 ILCS 605/18) (from Ch. 30, par. 318) 21 Sec. 18. Contents of bylaws. The bylaws shall provide 22 for at least the following: 23 (a) (1) The election from among the unit owners of a 24 board of managers, the number of persons constituting 25 such board, and that the terms of at least one-third of 26 the members of the board shall expire annually and that 27 all members of the board shall be elected at large. If 28 there are multiple owners of a single unit, only one of 29 the multiple owners shall be eligible to serve as a SB641 Engrossed -2- LRB093 06336 RLC 06455 b 1 member of the board at any one time. 2 (2) the powers and duties of the board; 3 (3) the compensation, if any, of the members of the 4 board; 5 (4) the method of removal from office of members of 6 the board; 7 (5) that the board may engage the services of a 8 manager or managing agent; 9 (6) that each unit owner shall receive, at least 30 10 days prior to the adoption thereof by the board of 11 managers, a copy of the proposed annual budget together 12 with an indication of which portions are intended for 13 reserves, capital expenditures or repairs or payment of 14 real estate taxes; 15 (7) that the board of managers shall annually 16 supply to all unit owners an itemized accounting of the 17 common expenses for the preceding year actually incurred 18 or paid, together with an indication of which portions 19 were for reserves, capital expenditures or repairs or 20 payment of real estate taxes and with a tabulation of the 21 amounts collected pursuant to the budget or assessment, 22 and showing the net excess or deficit of income over 23 expenditures plus reserves; 24 (8) (i) that each unit owner shall receive notice, 25 in the same manner as is provided in this Act for 26 membership meetings, of any meeting of the board of 27 managers concerning the adoption of the proposed annual 28 budget and regular assessments pursuant thereto or to 29 adopt a separate (special) assessment, (ii) that except 30 as provided in subsection (iv) below, if an adopted 31 budget or any separate assessment adopted by the board 32 would result in the sum of all regular and separate 33 assessments payable in the current fiscal year exceeding 34 115% of the sum of all regular and separate assessments SB641 Engrossed -3- LRB093 06336 RLC 06455 b 1 payable during the preceding fiscal year, the board of 2 managers, upon written petition by unit owners with 20 3 percent of the votes of the association delivered to the 4 board within 14 days of the board action, shall call a 5 meeting of the unit owners within 30 days of the date of 6 delivery of the petition to consider the budget or 7 separate assessment; unless a majority of the total votes 8 of the unit owners are cast at the meeting to reject the 9 budget or separate assessment, it is ratified, (iii) that 10 any common expense not set forth in the budget or any 11 increase in assessments over the amount adopted in the 12 budget shall be separately assessed against all unit 13 owners, (iv) that separate assessments for expenditures 14 relating to emergencies or mandated by law may be adopted 15 by the board of managers without being subject to unit 16 owner approval or the provisions of item (ii) above or 17 item (v) below. As used herein, "emergency" means an 18 immediate danger to the structural integrity of the 19 common elements or to the life, health, safety or 20 property of the unit owners, (v) that assessments for 21 additions and alterations to the common elements or to 22 association-owned property not included in the adopted 23 annual budget, shall be separately assessed and are 24 subject to approval of two-thirds of the total votes of 25 all unit owners, (vi) that the board of managers may 26 adopt separate assessments payable over more than one 27 fiscal year. With respect to multi-year assessments not 28 governed by items (iv) and (v), the entire amount of the 29 multi-year assessment shall be deemed considered and 30 authorized in the first fiscal year in which the 31 assessment is approved; 32 (9) that meetings of the board of managers shall be 33 open to any unit owner, except for the portion of any 34 meeting held (i) to discuss litigation when an action SB641 Engrossed -4- LRB093 06336 RLC 06455 b 1 against or on behalf of the particular association has 2 been filed and is pending in a court or administrative 3 tribunal, or when the board of managers finds that such 4 an action is probable or imminent, (ii) to consider 5 information regarding appointment, employment or 6 dismissal of an employee, or (iii) to discuss violations 7 of rules and regulations of the association or a unit 8 owner's unpaid share of common expenses; that any vote on 9 these matters shall be taken at a meeting or portion 10 thereof open to any unit owner; that any unit owner may 11 record the proceedings at meetings or portions thereof 12 required to be open by this Act by tape, film or other 13 means; that the board may prescribe reasonable rules and 14 regulations to govern the right to make such recordings, 15 that notice of such meetings shall be mailed or delivered 16 at least 48 hours prior thereto, unless a written waiver 17 of such notice is signed by the person or persons 18 entitled to such notice pursuant to the declaration, 19 bylaws, other condominium instrument, or provision of law 20 other than this subsection before the meeting is 21 convened, and that copies of notices of meetings of the 22 board of managers shall be posted in entranceways, 23 elevators, or other conspicuous places in the condominium 24 at least 48 hours prior to the meeting of the board of 25 managers except where there is no common entranceway for 26 7 or more units, the board of managers may designate one 27 or more locations in the proximity of these units where 28 the notices of meetings shall be posted; 29 (10) that the board shall meet at least 4 times 30 annually; 31 (11) that no member of the board or officer shall 32 be elected for a term of more than 2 years, but that 33 officers and board members may succeed themselves; 34 (12) the designation of an officer to mail and SB641 Engrossed -5- LRB093 06336 RLC 06455 b 1 receive all notices and execute amendments to condominium 2 instruments as provided for in this Act and in the 3 condominium instruments; 4 (13) the method of filling vacancies on the board 5 which shall include authority for the remaining members 6 of the board to fill the vacancy by two-thirds vote until 7 the next annual meeting of unit owners or for a period 8 terminating no later than 30 days following the filing of 9 a petition signed by unit owners holding 20% of the votes 10 of the association requesting a meeting of the unit 11 owners to fill the vacancy for the balance of the term, 12 and that a meeting of the unit owners shall be called for 13 purposes of filling a vacancy on the board no later than 14 30 days following the filing of a petition signed by unit 15 owners holding 20% of the votes of the association 16 requesting such a meeting, and the method of filling 17 vacancies among the officers that shall include the 18 authority for the members of the board to fill the 19 vacancy for the unexpired portion of the term; 20 (14) what percentage of the board of managers, if 21 other than a majority, shall constitute a quorum; 22 (15) provisions concerning notice of board meetings 23 to members of the board; 24 (16) the board of managers may not enter into a 25 contract with a current board member or with a 26 corporation or partnership in which a board member or a 27 member of the board member's immediate family has 25% or 28 more interest, unless notice of intent to enter the 29 contract is given to unit owners within 20 days after a 30 decision is made to enter into the contract and the unit 31 owners are afforded an opportunity by filing a petition, 32 signed by 20% of the unit owners, for an election to 33 approve or disapprove the contract; such petition shall 34 be filed within 20 days after such notice and such SB641 Engrossed -6- LRB093 06336 RLC 06455 b 1 election shall be held within 30 days after filing the 2 petition; for purposes of this subsection, a board 3 member's immediate family means the board member's 4 spouse, parents, and children; 5 (17) that the board of managers may disseminate to 6 unit owners biographical and background information about 7 candidates for election to the board if (i) reasonable 8 efforts to identify all candidates are made and all 9 candidates are given an opportunity to include 10 biographical and background information in the 11 information to be disseminated; and (ii) the board does 12 not express a preference in favor of any candidate; 13 (18) any proxy distributed for board elections by 14 the board of managers gives unit owners the opportunity 15 to designate any person as the proxy holder, and gives 16 the unit owner the opportunity to express a preference 17 for any of the known candidates for the board or to write 18 in a name; 19 (19) that special meetings of the board of managers 20 can be called by the president or 25% of the members of 21 the board; and 22 (20) that the board of managers may establish and 23 maintain a system of master metering of public utility 24 services and collect payments in connection therewith, 25 subject to the requirements of the Tenant Utility Payment 26 Disclosure Act. 27 (b) (1) What percentage of the unit owners, if other 28 than 20%, shall constitute a quorum provided that, for 29 condominiums with 20 or more units, the percentage of 30 unit owners constituting a quorum shall be 20% unless the 31 unit owners holding a majority of the percentage interest 32 in the association provide for a higher percentage; 33 (2) that the association shall have one class of 34 membership; SB641 Engrossed -7- LRB093 06336 RLC 06455 b 1 (3) that the members shall hold an annual meeting, 2 one of the purposes of which shall be to elect members of 3 the board of managers; 4 (4) the method of calling meetings of the unit 5 owners; 6 (5) that special meetings of the members can be 7 called by the president, board of managers, or by 20% of 8 unit owners; 9 (6) that written notice of any membership meeting 10 shall be mailed or delivered giving members no less than 11 10 and no more than 30 days notice of the time, place and 12 purpose of such meeting; 13 (7) that voting shall be on a percentage basis, and 14 that the percentage vote to which each unit is entitled 15 is the percentage interest of the undivided ownership of 16 the common elements appurtenant thereto, provided that 17 the bylaws may provide for approval by unit owners in 18 connection with matters where the requisite approval on a 19 percentage basis is not specified in this Act, on the 20 basis of one vote per unit; 21 (8) that, where there is more than one owner of a 22 unit, if only one of the multiple owners is present at a 23 meeting of the association, he is entitled to cast all 24 the votes allocated to that unit, if more than one of the 25 multiple owners are present, the votes allocated to that 26 unit may be cast only in accordance with the agreement of 27 a majority in interest of the multiple owners, unless the 28 declaration expressly provides otherwise, that there is 29 majority agreement if any one of the multiple owners cast 30 the votes allocated to that unit without protest being 31 made promptly to the person presiding over the meeting by 32 any of the other owners of the unit; 33 (9) that unless the Articles of Incorporation or 34 the bylaws otherwise provide, a unit owner may vote by SB641 Engrossed -8- LRB093 06336 RLC 06455 b 1 proxy executed in writing by the unit owner or by his 2 duly authorized attorney in fact; that the proxy shall be 3 invalid after 11 months from the date of its execution, 4 unless otherwise provided in the proxy, and that every 5 proxy must bear the date of execution; 6 (10) that the association may, upon adoption of the 7 appropriate rules by the board of managers, conduct 8 elections by secret ballot whereby the voting ballot is 9 marked only with the percentage interest for the unit and 10 the vote itself, provided that the board further adopt 11 rules to verify the status of the unit owner issuing a 12 proxy or casting a ballot; and further, that a candidate 13 for election to the board of managers or such candidate's 14 representative shall have the right to be present at the 15 counting of ballots at such election; 16 (11) that in the event of a resale of a condominium 17 unit the purchaser of a unit from a seller other than the 18 developer pursuant to an installment contract for 19 purchase shall during such times as he or she resides in 20 the unit be counted toward a quorum for purposes of 21 election of members of the board of managers at any 22 meeting of the unit owners called for purposes of 23 electing members of the board, shall have the right to 24 vote for the election of members of the board of managers 25 and to be elected to and serve on the board of managers 26 unless the seller expressly retains in writing any or all 27 of such rights. In no event may the seller and purchaser 28 both be counted toward a quorum, be permitted to vote for 29 a particular office or be elected and serve on the board. 30 Satisfactory evidence of the installment contact shall be 31 made available to the association or its agents. For 32 purposes of this subsection, "installment contact" shall 33 have the same meaning as set forth in Section 1 (e) of 34 "An Act relating to installment contracts to sell SB641 Engrossed -9- LRB093 06336 RLC 06455 b 1 dwelling structures", approved August 11, 1967, as 2 amended; 3 (12) the method by which matters subject to the 4 approval of unit owners set forth in this Act, or in the 5 condominium instruments, will be submitted to the unit 6 owners at special membership meetings called for such 7 purposes; and 8 (13) that matters subject to the affirmative vote 9 of not less than 2/3 of the votes of unit owners at a 10 meeting duly called for that purpose, shall include, but 11 not be limited to: 12 (i) merger or consolidation of the 13 association; 14 (ii) sale, lease, exchange, or other 15 disposition (excluding the mortgage or pledge) of 16 all, or substantially all of the property and assets 17 of the association; and 18 (iii) the purchase or sale of land or of units 19 on behalf of all unit owners. 20 (c) Election of a president from among the board of 21 managers, who shall preside over the meetings of the board of 22 managers and of the unit owners. 23 (d) Election of a secretary from among the board of 24 managers, who shall keep the minutes of all meetings of the 25 board of managers and of the unit owners and who shall, in 26 general, perform all the duties incident to the office of 27 secretary. 28 (e) Election of a treasurer from among the board of 29 managers, who shall keep the financial records and books of 30 account. 31 (f) Maintenance, repair and replacement of the common 32 elements and payments therefor, including the method of 33 approving payment vouchers. 34 (g) An association with 30 or more units shall obtain SB641 Engrossed -10- LRB093 06336 RLC 06455 b 1 and maintain fidelity insurance covering persons who control 2 or disburse funds of the association for the maximum amount 3 of coverage available to protect funds in the custody or 4 control of the association plus the association reserve fund. 5 All management companies which are responsible for the funds 6 held or administered by the association shall maintain and 7 furnish to the association a fidelity bond for the maximum 8 amount of coverage available to protect funds in the custody 9 of the management company at any time. The association shall 10 bear the cost of the fidelity insurance and fidelity bond, 11 unless otherwise provided by contract between the association 12 and a management company. The association shall be the 13 direct obligee of any such fidelity bond. A management 14 company holding reserve funds of an association shall at all 15 times maintain a separate account for each association, 16 provided, however, that for investment purposes, the Board of 17 Managers of an association may authorize a management company 18 to maintain the association's reserve funds in a single 19 interest bearing account with similar funds of other 20 associations. The management company shall at all times 21 maintain records identifying all moneys of each association 22 in such investment account. The management company may hold 23 all operating funds of associations which it manages in a 24 single operating account but shall at all times maintain 25 records identifying all moneys of each association in such 26 operating account. Such operating and reserve funds held by 27 the management company for the association shall not be 28 subject to attachment by any creditor of the management 29 company. 30 For the purpose of this subsection a management company 31 shall be defined as a person, partnership, corporation, or 32 other legal entity entitled to transact business on behalf of 33 others, acting on behalf of or as an agent for a unit owner, 34 unit owners or association of unit owners for the purpose of SB641 Engrossed -11- LRB093 06336 RLC 06455 b 1 carrying out the duties, responsibilities, and other 2 obligations necessary for the day to day operation and 3 management of any property subject to this Act. For purposes 4 of this subsection, the term "fiduciary insurance coverage" 5 shall be defined as both a fidelity bond and directors and 6 officers liability coverage, the fidelity bond in the full 7 amount of association funds and association reserves that 8 will be in the custody of the association, and the directors 9 and officers liability coverage at a level as shall be 10 determined to be reasonable by the board of managers, if not 11 otherwise established by the declaration or by laws. 12 Until one year after the effective date of this 13 amendatory Act of 1985, if a condominium association has 14 reserves plus assessments in excess of $250,000 and cannot 15 reasonably obtain 100% fidelity bond coverage for such 16 amount, then it must obtain a fidelity bond coverage of 17 $250,000. 18 (h) Method of estimating the amount of the annual 19 budget, and the manner of assessing and collecting from the 20 unit owners their respective shares of such estimated 21 expenses, and of any other expenses lawfully agreed upon. 22 (i) That upon 10 days notice to the manager or board of 23 managers and payment of a reasonable fee, any unit owner 24 shall be furnished a statement of his account setting forth 25 the amount of any unpaid assessments or other charges due and 26 owing from such owner. 27 (j) Designation and removal of personnel necessary for 28 the maintenance, repair and replacement of the common 29 elements. 30 (k) Such restrictions on and requirements respecting the 31 use and maintenance of the units and the use of the common 32 elements, not set forth in the declaration, as are designed 33 to prevent unreasonable interference with the use of their 34 respective units and of the common elements by the several SB641 Engrossed -12- LRB093 06336 RLC 06455 b 1 unit owners. 2 (l) Method of adopting and of amending administrative 3 rules and regulations governing the operation and use of the 4 common elements. 5 (m) The percentage of votes required to modify or amend 6 the bylaws, but each one of the particulars set forth in this 7 section shall always be embodied in the bylaws. 8 (n) (i) The provisions of this Act, the declaration, 9 bylaws, other condominium instruments, and rules and 10 regulations that relate to the use of the individual unit or 11 the common elements shall be applicable to any person leasing 12 a unit and shall be deemed to be incorporated in any lease 13 executed or renewed on or after the effective date of this 14 amendatory Act of 1984. (ii) With regard to any lease entered 15 into subsequent to the effective date of this amendatory Act 16 of 1989, the unit owner leasing the unit shall deliver a copy 17 of the signed lease to the board or if the lease is oral, a 18 memorandum of the lease, not later than the date of occupancy 19 or 10 days after the lease is signed, whichever occurs first. 20 In addition to any other remedies, by filing an action 21 jointly against the tenant and the unit owner, an association 22 may seek to enjoin a tenant from occupying a unit or seek to 23 evict a tenant under the provisions of Article IX of the Code 24 of Civil Procedure for failure of the lessor-owner to comply 25 with the leasing requirements prescribed by this Section or 26 by the declaration, bylaws, and rules and regulations. The 27 board of managers may proceed directly against a tenant, at 28 law or in equity, or under the provisions of Article IX of 29 the Code of Civil Procedure, for any other breach by tenant 30 of any covenants, rules, regulations or bylaws. 31 (o) The association shall have no authority to forbear 32 the payment of assessments by any unit owner. 33 (p) That when 30% or fewer of the units, by number, 34 possess over 50% in the aggregate of the votes in the SB641 Engrossed -13- LRB093 06336 RLC 06455 b 1 association, any percentage vote of members specified herein 2 or in the condominium instruments shall require the specified 3 percentage by number of units rather than by percentage of 4 interest in the common elements allocated to units that would 5 otherwise be applicable. 6 (q) That a unit owner may not assign, delegate, 7 transfer, surrender, or avoid the duties, responsibilities, 8 and liabilities of a unit owner under this Act, the 9 condominium instruments, or the rules and regulations of the 10 Association; and that such an attempted assignment, 11 delegation, transfer, surrender, or avoidance shall be deemed 12 void. 13 (r) A notice stating how a unit owner can obtain 14 information about persons who are registered as sex offenders 15 under the Sex Offender Registration Act. The notice must 16 include information describing how to access information 17 maintained by local law enforcement agencies or in the 18 Statewide Sex Offender Database that is posted on the 19 Department of State Police Web site. 20 The provisions of this Section are applicable to all 21 condominium instruments recorded under this Act. Any portion 22 of a condominium instrument which contains provisions 23 contrary to these provisions shall be void as against public 24 policy and ineffective. Any such instrument which fails to 25 contain the provisions required by this Section shall be 26 deemed to incorporate such provisions by operation of law. 27 (Source: P.A. 88-135; 88-417; 88-626, eff. 9-9-94; 88-670, 28 eff. 12-2-94; 89-41, eff. 6-23-95.)