Bill Status of HB 5037   95th General Assembly

Short Description:  CONDO-DISTRESSED PROPERTY

House Sponsors
Rep. Marlow H. Colvin-Kenneth Dunkin-Greg Harris-Al Riley-Deborah L. Graham and Karen A. Yarbrough

Senate Sponsors
(Sen. Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
765 ILCS 605/14.5 new

Synopsis As Introduced
Amends the Condominium Property Act. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides a definition of "distressed condominium property". Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective shares, after sale expenses, taxes, and liens have been paid. Provides that the receiver has the power and authority to secure and insure the premises, make repairs, and otherwise manage the premises.

House Amendment No. 1
Amends the bill by adding a Section that states legislative findings concerning the importance of municipalities reclaiming housing stock that was used in fraudulent schemes. Provides that among the factors that qualify a property as a distressed condominium property are: 50% or more units are occupied by those without a legal right to live there (instead of substantially unoccupied) and the building has serious building code or zoning violations (instead of serious building code violations). Makes other changes.

House Amendment No. 2
Further amends the Condominium Property Act. Provides definitions of "owner" and "other party in interest". Provides that other parties in interest shall be provided written notice and a copy of the petition or complaint either by United States certified mail, return receipt requested, within 30 days of the issuance of the summons or by personal service of the complaint. Provides that the court may authorize a receiver to enter into a sales contract for the property upon a motion, with notice to all owners and other parties in interest and those parties having an opportunity to be heard. Makes other changes.

Actions 
DateChamber Action
  2/13/2008HouseFiled with the Clerk by Rep. Marlow H. Colvin
  2/13/2008HouseFirst Reading
  2/13/2008HouseReferred to Rules Committee
  2/26/2008HouseAssigned to Judiciary I - Civil Law Committee
  3/5/2008HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  3/12/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/12/2008HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/12/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/12/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/28/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin
  4/28/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/30/2008HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/30/2008HouseSecond Reading - Short Debate
  4/30/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  11/13/2008HouseFinal Action Deadline Extended-9(b) November 30, 2008
  11/13/2008HouseApproved for Consideration Rules Committee; 003-000-000
  11/14/2008HousePlaced on Calendar 2nd Reading - Short Debate
  11/18/2008HouseAdded Chief Co-Sponsor Rep. Greg Harris
  11/20/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  11/20/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/20/2008HouseThird Reading - Short Debate - Passed 110-000-000
  11/20/2008HouseAdded Chief Co-Sponsor Rep. Al Riley
  11/20/2008HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  11/20/2008HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  11/20/2008SenateArrive in Senate
  11/20/2008SenatePlaced on Calendar Order of First Reading
  11/20/2008SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  11/20/2008SenateFirst Reading
  11/20/2008SenateReferred to Rules
  1/13/2009HouseSession Sine Die

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