Bill Status of HB 5189   95th General Assembly

Short Description:  CONDO ASSN-HOMEOWNR ASSN-LEASE

House Sponsors
Rep. Sandra M. Pihos-Deborah L. Graham-Karen A. Yarbrough

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
765 ILCS 605/18from Ch. 30, par. 318
765 ILCS 605/18.4from Ch. 30, par. 318.4
805 ILCS 105/103.35 new

Synopsis As Introduced
Amends the Condominium Property Act. Provides that nothing in the Act or the declarations, bylaws, and rules of a condominium unit owner's association shall prohibit unit owners from leasing up to 20% of the units, if they otherwise comply with the Act. Provides that the powers and duties of the board of managers of a condominium association may not provide in the declaration, bylaws, rules, or other documents for a prohibition against unit owners leasing up to 20% of the total units, as long as there is compliance with the Act. Amends the General Not For Profit Corporation Act of 1986. Provides that a common interest community or homeowners' association, notwithstanding the declaration, covenants, bylaws, rules, regulations, or any other instrument, may not prohibit 20% of the total units from being used as rental property. Defines homeowners' association and common interest community. Effective immediately.

House Amendment No. 1
Further amends the Condominium Property Act. Provides that nothing in the Act or the documents of an association that currently permits leasing or that is incorporated after the effective date of this amendatory Act shall prohibit the unit owners from leasing up to 20% of the units, as long as the unit owners otherwise comply with the provisions of the Act. Provides that neither an association that permits leasing or an association that is incorporated after the effective date of this amendatory Act, nor any of their declarations, by-laws, rules, regulations, or instruments shall prohibit unit owners from leasing up to 20% of the total units, as long as the unit owners otherwise comply with the provisions of this Act. Amends the General Not For Profit Corporation Act of 1986. Provides that a common interest community or a homeowner's association that currently permits leasing, notwithstanding any provision in the entity's legal documents or any construction of those documents by the entity's board of directors, and a homeowner's association or common interest community incorporated under this Act, may not prohibit 20% of the total units from being used as leasing property.

House Amendment No. 2
Replaces everything after the enacting clause with substantially similar provisions. Amends the Condominium Property Act. Provides that a condominium association's bylaws shall provide that if an association that currently permits leasing amends its declaration, bylaws, or rules to prohibit leasing, nothing in the Act or the association's documents, shall prohibit a unit owner who is leasing his or her unit at the time of the prohibition from continuing to do so, until the unit owner voluntarily sells the unit and no penalties shall be assessed against the unit owner for leasing that unit. Provides same restrictions on a board of managers. Amends the General Not For Profit Corporation Act of 1986. Provides that if a common interest community or homeowners' association that currently permits leasing amends any of its instruments to prohibit leasing, nothing in the Act or its instruments, shall prohibit a unit owner who is leasing a unit at the time of the prohibition from continuing to do so, until such time that the unit owner voluntarily sells the unit; and no penalties shall be assessed against the unit owner for leasing the unit.

Actions 
DateChamber Action
  2/14/2008HouseFiled with the Clerk by Rep. Sandra M. Pihos
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  2/20/2008HouseAssigned to Judiciary I - Civil Law Committee
  2/22/2008HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  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; 011-002-001
  3/12/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/10/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Sandra M. Pihos
  4/10/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/14/2008HouseHouse Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  4/17/2008HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 008-003-000
  4/17/2008HouseSecond Reading - Short Debate
  4/17/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/17/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  5/6/2008HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  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
  1/13/2009HouseSession Sine Die

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