Sen. John J. Cullerton
Filed: 3/10/2008
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1 | AMENDMENT TO SENATE BILL 2432
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2 | AMENDMENT NO. ______. Amend Senate Bill 2432 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Condominium Property Act is amended by | ||||||
5 | changing Section 18 as follows:
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6 | (765 ILCS 605/18) (from Ch. 30, par. 318)
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7 | (Text of Section after amendment by P.A. 95-624 )
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8 | Sec. 18. Contents of bylaws. The bylaws shall provide for | ||||||
9 | at least
the following:
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10 | (a) (1) The election from among the unit owners of a board | ||||||
11 | of managers,
the number of persons constituting such board, | ||||||
12 | and that the terms of at
least one-third of the members of | ||||||
13 | the board shall expire annually and that
all members of the | ||||||
14 | board shall be elected at large.
If there are multiple | ||||||
15 | owners of a single unit, only one of the multiple
owners | ||||||
16 | shall be eligible to serve as a member of the board at any |
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1 | one time.
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2 | (2) the powers and duties of the board;
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3 | (3) the compensation, if any, of the members of the | ||||||
4 | board;
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5 | (4) the method of removal from office of members of the | ||||||
6 | board;
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7 | (5) that the board may engage the services of a manager | ||||||
8 | or managing agent;
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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
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13 | reserves, capital expenditures or repairs or payment of | ||||||
14 | real estate taxes;
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15 | (7) that the board of managers shall annually supply to
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16 | all unit owners an itemized accounting of the common | ||||||
17 | expenses
for the preceding year actually incurred or paid, | ||||||
18 | together
with an indication of which portions were for | ||||||
19 | reserves, capital
expenditures or repairs or payment of | ||||||
20 | real estate taxes and
with a tabulation of the amounts | ||||||
21 | collected pursuant to the
budget or assessment, and showing | ||||||
22 | the net excess or
deficit of income over expenditures plus | ||||||
23 | reserves;
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24 | (8) (i) that each unit owner shall receive notice, in | ||||||
25 | the same manner
as is provided in this Act for membership | ||||||
26 | meetings, of any meeting of the
board of managers |
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1 | concerning the adoption of the proposed annual budget and
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2 | regular assessments pursuant thereto or to adopt a separate | ||||||
3 | (special)
assessment, (ii) that except as provided in | ||||||
4 | subsection (iv) below, if an
adopted
budget or any separate | ||||||
5 | assessment adopted by the board would result in the
sum of | ||||||
6 | all regular and separate assessments payable in the current | ||||||
7 | fiscal year
exceeding 115% of the sum of all regular and | ||||||
8 | separate
assessments payable during the
preceding fiscal | ||||||
9 | year, the
board of managers, upon written petition by unit | ||||||
10 | owners with 20 percent of
the votes of the association | ||||||
11 | delivered to the board within 14
days of the board action,
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12 | shall call a meeting of the unit owners within 30 days of | ||||||
13 | the date of
delivery of the petition to consider the budget | ||||||
14 | or separate
assessment; unless a
majority of
the total | ||||||
15 | votes of the unit owners are cast at the meeting to reject | ||||||
16 | the
budget or separate assessment,
it is ratified, (iii) | ||||||
17 | that any common expense not set forth in the budget or
any | ||||||
18 | increase in assessments over the amount adopted in the | ||||||
19 | budget shall be
separately assessed against all unit | ||||||
20 | owners, (iv) that separate assessments for
expenditures | ||||||
21 | relating to emergencies or mandated by law may be adopted | ||||||
22 | by the
board of managers without being subject to unit | ||||||
23 | owner approval or the
provisions of item (ii) above or item | ||||||
24 | (v) below. As used
herein, "emergency" means an immediate | ||||||
25 | danger to the structural integrity of
the
common elements | ||||||
26 | or to the life, health, safety or property of the unit |
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1 | owners,
(v) that assessments
for additions and alterations | ||||||
2 | to the common elements or to association-owned
property not | ||||||
3 | included in the adopted annual budget, shall be separately
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4 | assessed and are subject to approval of two-thirds of the | ||||||
5 | total votes of all
unit owners, (vi) that the board of | ||||||
6 | managers may adopt separate assessments
payable over more | ||||||
7 | than one fiscal year. With respect to multi-year | ||||||
8 | assessments
not governed by items (iv) and (v), the entire | ||||||
9 | amount of the multi-year
assessment shall be deemed | ||||||
10 | considered and authorized in the first fiscal year
in which | ||||||
11 | the assessment is approved;
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12 | (9) that meetings of the board of managers shall be | ||||||
13 | open to any unit
owner, except for the portion of any | ||||||
14 | meeting held (i) to discuss litigation
when an action | ||||||
15 | against or on behalf of the particular association has been
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16 | filed and is pending in a court or administrative tribunal,
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17 | or when the board of managers finds that such an action is | ||||||
18 | probable
or imminent, (ii) to consider information | ||||||
19 | regarding appointment, employment
or dismissal of an | ||||||
20 | employee, or (iii) to discuss violations of rules and
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21 | regulations of the association or a unit owner's unpaid | ||||||
22 | share of common
expenses; that any vote on these matters | ||||||
23 | shall be taken at a meeting or
portion thereof open to any | ||||||
24 | unit owner; that any unit owner may record the
proceedings | ||||||
25 | at meetings or portions thereof required to be open by this
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26 | Act by tape, film or other means; that the board may |
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1 | prescribe reasonable
rules and regulations to govern the | ||||||
2 | right to make such recordings, that
notice of such meetings | ||||||
3 | shall be mailed or delivered at least 48 hours
prior | ||||||
4 | thereto, unless a written waiver of such notice is signed | ||||||
5 | by the
person or persons entitled to such notice pursuant | ||||||
6 | to the declaration,
bylaws, other condominium instrument, | ||||||
7 | or provision of law other than this
subsection before the | ||||||
8 | meeting is convened, and that copies of notices of
meetings | ||||||
9 | of the board of managers shall be posted in entranceways,
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10 | elevators, or other conspicuous places in the condominium | ||||||
11 | at least 48 hours
prior to the meeting of the board of | ||||||
12 | managers except where there is no
common entranceway for 7 | ||||||
13 | or more units, the board of managers may designate
one or | ||||||
14 | more locations in the proximity of these units where the | ||||||
15 | notices of
meetings shall be posted;
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16 | (10) that the board shall meet at least 4 times | ||||||
17 | annually;
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18 | (11) that no member of the board or officer shall be | ||||||
19 | elected for a term
of more than 2 years, but that officers | ||||||
20 | and board members may succeed
themselves;
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21 | (12) the designation of an officer to mail and receive | ||||||
22 | all notices and
execute amendments to condominium | ||||||
23 | instruments as provided for in this Act
and in the | ||||||
24 | condominium instruments;
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25 | (13) the method of filling vacancies on the board
which | ||||||
26 | shall include authority for the remaining members of the |
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1 | board to
fill the vacancy by two-thirds vote until the next | ||||||
2 | annual meeting of unit
owners or for a period terminating | ||||||
3 | no later than 30 days following the
filing of a petition | ||||||
4 | signed by unit owners holding 20% of the votes of the
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5 | association requesting a meeting of the unit owners to fill | ||||||
6 | the vacancy for
the balance of the term, and that a meeting | ||||||
7 | of the unit owners shall be
called for purposes of filling | ||||||
8 | a vacancy on the board no later than 30 days
following the | ||||||
9 | filing of a petition signed by unit owners holding 20% of | ||||||
10 | the
votes of the association requesting such a meeting, and | ||||||
11 | the method of filling
vacancies among the officers that | ||||||
12 | shall include the authority for the members
of the board to | ||||||
13 | fill the vacancy for the unexpired portion of the term;
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14 | (14) what percentage of the board of managers, if other | ||||||
15 | than a majority,
shall constitute a quorum;
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16 | (15) provisions concerning notice of board meetings to | ||||||
17 | members of the
board;
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18 | (16) the board of managers may not enter into a | ||||||
19 | contract with a
current board member
or with a corporation | ||||||
20 | or partnership in which a board
member or a member of the | ||||||
21 | board member's immediate family has 25% or
more interest, | ||||||
22 | unless notice of intent to enter the
contract is given to | ||||||
23 | unit owners within 20 days after a decision is made
to | ||||||
24 | enter into the contract and the unit owners are
afforded an | ||||||
25 | opportunity by filing a petition, signed by 20% of the unit
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26 | owners, for an election to approve or disapprove the |
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1 | contract;
such petition shall be filed within 20 days after | ||||||
2 | such notice and such
election shall be held within 30 days | ||||||
3 | after filing the petition; for purposes
of this subsection, | ||||||
4 | a board member's immediate family means the board member's
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5 | spouse, parents, and children;
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6 | (17) that the board of managers may disseminate
to unit | ||||||
7 | owners biographical and background information about | ||||||
8 | candidates for
election to the board if (i) reasonable | ||||||
9 | efforts to identify all candidates are
made and all | ||||||
10 | candidates are given an opportunity to include | ||||||
11 | biographical and
background information in the information | ||||||
12 | to be disseminated; and (ii) the
board does not express a | ||||||
13 | preference in favor of any candidate;
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14 | (18) any proxy distributed for board elections
by the | ||||||
15 | board of managers gives unit owners the
opportunity to | ||||||
16 | designate any person as the proxy holder, and gives the | ||||||
17 | unit
owner the opportunity to express a preference for any | ||||||
18 | of the known
candidates for the board or to write in a | ||||||
19 | name;
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20 | (19) that special meetings of the board of managers can | ||||||
21 | be called by
the president or 25% of the members of the | ||||||
22 | board; and
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23 | (20) that the board of managers may establish
and | ||||||
24 | maintain a system of master metering of public utility | ||||||
25 | services and
collect payments in connection therewith, | ||||||
26 | subject to the requirements of the
Tenant Utility Payment |
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1 | Disclosure Act.
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2 | (b) (1) What percentage of the unit owners, if other than | ||||||
3 | 20%, shall
constitute a quorum provided that, for | ||||||
4 | condominiums with 20 or more units,
the percentage of unit | ||||||
5 | owners constituting a quorum shall be 20% unless the
unit | ||||||
6 | owners holding a majority of the percentage interest in the
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7 | association provide for a higher percentage;
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8 | (2) that the association shall have one class of | ||||||
9 | membership;
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10 | (3) that the members shall hold an annual meeting, one | ||||||
11 | of the purposes
of which shall be to elect members of the | ||||||
12 | board of managers;
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13 | (4) the method of calling meetings of the unit owners;
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14 | (5) that special meetings of the members can be called | ||||||
15 | by the president,
board of managers, or by 20% of unit | ||||||
16 | owners;
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17 | (6) that written notice of any membership meeting shall | ||||||
18 | be mailed
or delivered giving members no less than 10 and | ||||||
19 | no more than 30 days
notice of the time, place and purpose | ||||||
20 | of such meeting;
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21 | (7) that voting shall be on a percentage basis, and | ||||||
22 | that the percentage
vote to which each unit is entitled is | ||||||
23 | the percentage interest of the
undivided ownership of the | ||||||
24 | common elements appurtenant thereto, provided
that the | ||||||
25 | bylaws may provide for approval by unit owners in | ||||||
26 | connection with
matters where the requisite approval on a |
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1 | percentage basis is not specified
in this Act, on the basis | ||||||
2 | of one vote per unit;
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3 | (8) that, where there is more than one owner of a unit, | ||||||
4 | if only one
of the multiple owners is present at a meeting | ||||||
5 | of the association, he is
entitled to cast all the votes | ||||||
6 | allocated to that unit, if more than one of
the multiple | ||||||
7 | owners are present, the votes allocated to that unit may be
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8 | cast only in accordance with the agreement of a majority in | ||||||
9 | interest of the
multiple owners, unless the declaration | ||||||
10 | expressly provides otherwise, that
there is majority | ||||||
11 | agreement if any one of the multiple owners cast the
votes | ||||||
12 | allocated to that unit without protest being made promptly | ||||||
13 | to the
person presiding over the meeting by any of the | ||||||
14 | other owners of the unit;
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15 | (9)(A) that unless the Articles of Incorporation or the | ||||||
16 | bylaws
otherwise
provide, and except as provided in | ||||||
17 | subparagraph (B) of this paragraph (9) in
connection with | ||||||
18 | board elections,
a unit owner may vote by proxy executed in | ||||||
19 | writing by the unit
owner or by his duly authorized | ||||||
20 | attorney in fact; that the proxy must bear the date of
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21 | execution
and, unless the condominium instruments or the | ||||||
22 | written proxy itself provide
otherwise, is
invalid after 11 | ||||||
23 | months from the date of its execution;
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24 | (B) that if a rule adopted at least 120 days before a | ||||||
25 | board election
or the
declaration or bylaws provide for | ||||||
26 | balloting as set forth in this subsection,
unit
owners may |
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1 | not vote by proxy in board elections, but may vote only (i) | ||||||
2 | by
submitting an association-issued ballot in person at the | ||||||
3 | election meeting or
(ii) by
submitting an | ||||||
4 | association-issued ballot to the association or its | ||||||
5 | designated
agent
by mail or other means of delivery | ||||||
6 | specified in the declaration, bylaws, or
rule; that
the | ||||||
7 | ballots shall be mailed or otherwise distributed to unit | ||||||
8 | owners not less
than 10
and not more than 30 days before | ||||||
9 | the election meeting, and the board shall give
unit owners | ||||||
10 | not less than 21 days' prior written notice of the deadline | ||||||
11 | for
inclusion of a candidate's name on the ballots; that | ||||||
12 | the deadline shall be no
more
than 7 days before the | ||||||
13 | ballots are mailed or otherwise distributed to unit
owners; | ||||||
14 | that
every such ballot must include the names of all | ||||||
15 | candidates who have given the
board or its authorized agent | ||||||
16 | timely written notice of their candidacy and must
give the | ||||||
17 | person casting the ballot the opportunity to cast votes for | ||||||
18 | candidates
whose names do not appear on the ballot; that a | ||||||
19 | ballot received by the
association
or
its designated agent | ||||||
20 | after the close of voting shall not be counted; that a
unit
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21 | owner
who submits a ballot by mail or other means of | ||||||
22 | delivery specified in the
declaration, bylaws, or rule may | ||||||
23 | request and cast a ballot in person at the
election
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24 | meeting, and thereby void any ballot previously submitted | ||||||
25 | by that unit owner;
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26 | (C) that if a written petition by unit owners with at |
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1 | least 20% of the
votes of
the association is delivered to | ||||||
2 | the board within 14 days after the board's
approval
of a | ||||||
3 | rule adopted pursuant to subparagraph (B) of this paragraph | ||||||
4 | (9), the board
shall call a meeting of the unit owners | ||||||
5 | within 30 days after the date of
delivery of
the petition; | ||||||
6 | that unless a majority of the total votes of the unit | ||||||
7 | owners are
cast
at the
meeting to reject the rule, the rule | ||||||
8 | is ratified;
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9 | (10) that the association may, upon adoption of the | ||||||
10 | appropriate rules by
the board of managers, conduct | ||||||
11 | elections by secret ballot whereby the voting
ballot is | ||||||
12 | marked only with the percentage interest for the unit and | ||||||
13 | the vote
itself, provided that the board further adopt | ||||||
14 | rules to verify the status of the
unit owner issuing a | ||||||
15 | proxy or casting a ballot; and further, that a candidate
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16 | for election to the board of managers or such
candidate's | ||||||
17 | representative shall have the right to be present at the
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18 | counting of ballots at such election;
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19 | (11) that in the event of a resale of a condominium | ||||||
20 | unit the purchaser
of a unit from a seller other than the | ||||||
21 | developer pursuant to an installment
contract for purchase | ||||||
22 | shall during such times as he or she resides in the
unit be | ||||||
23 | counted toward a quorum for purposes of election of members | ||||||
24 | of the
board of managers at any meeting of the unit owners | ||||||
25 | called for purposes of
electing members of the board, shall | ||||||
26 | have the right to vote for the
election of members of the |
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1 | board of managers and to be elected to and serve
on the | ||||||
2 | board of managers unless the seller expressly retains in | ||||||
3 | writing any
or all of such rights. In no event may the | ||||||
4 | seller and purchaser both be
counted toward a quorum, be | ||||||
5 | permitted to vote for a particular office or be
elected and | ||||||
6 | serve on the board. Satisfactory evidence of the | ||||||
7 | installment
contact shall be made available to the | ||||||
8 | association or its agents. For
purposes of this subsection, | ||||||
9 | "installment contact" shall have the same
meaning as set | ||||||
10 | forth in Section 1 (e) of "An Act relating to installment
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11 | contracts to sell dwelling structures", approved August | ||||||
12 | 11, 1967, as amended;
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13 | (12) the method by which matters subject to the | ||||||
14 | approval of unit owners
set forth in this Act, or in the | ||||||
15 | condominium instruments, will be
submitted to the unit | ||||||
16 | owners at special membership meetings called for such
| ||||||
17 | purposes; and
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18 | (13) that matters subject to the affirmative vote of | ||||||
19 | not less than 2/3
of the votes of unit owners at a meeting | ||||||
20 | duly called for that purpose,
shall include, but not be | ||||||
21 | limited to:
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22 | (i) merger or consolidation of the association;
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23 | (ii) sale, lease, exchange, or other disposition | ||||||
24 | (excluding the mortgage
or pledge) of all, or | ||||||
25 | substantially all of the property and assets of the
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26 | association; and
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1 | (iii) the purchase or sale of land or of units on | ||||||
2 | behalf of all unit owners.
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3 | (c) Election of a president from among the board of | ||||||
4 | managers, who shall
preside over the meetings of the board of | ||||||
5 | managers and of the unit owners.
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6 | (d) Election of a secretary from among the board of | ||||||
7 | managers, who shall
keep the minutes of all meetings
of the | ||||||
8 | board of managers and of the unit owners and who shall, in | ||||||
9 | general,
perform all the duties incident to the office of | ||||||
10 | secretary.
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11 | (e) Election of a treasurer from among the board of | ||||||
12 | managers, who shall
keep the financial records and
books of | ||||||
13 | account.
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14 | (f) Maintenance, repair and replacement of the common | ||||||
15 | elements and
payments therefor, including the method of | ||||||
16 | approving payment vouchers.
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17 | (g) An association with 30 or more units shall obtain and | ||||||
18 | maintain
fidelity insurance covering persons who control or | ||||||
19 | disburse funds of the
association for the maximum amount of | ||||||
20 | coverage available to protect funds
in the custody or control | ||||||
21 | of the association plus the association reserve
fund. All | ||||||
22 | management companies which are responsible for the funds held | ||||||
23 | or
administered by the association shall maintain and furnish | ||||||
24 | to the
association a fidelity bond for the maximum amount of | ||||||
25 | coverage available to
protect funds in the custody of the | ||||||
26 | management company at any time. The
association shall bear the |
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1 | cost of the fidelity insurance and fidelity
bond, unless | ||||||
2 | otherwise provided by contract between the association and a
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3 | management company. The association shall be the direct obligee | ||||||
4 | of any
such fidelity bond. A management company holding reserve | ||||||
5 | funds of an
association shall at all times maintain a separate | ||||||
6 | account for each
association, provided, however, that for | ||||||
7 | investment purposes, the Board of
Managers of an association | ||||||
8 | may authorize a management company to maintain
the | ||||||
9 | association's reserve funds in a single interest bearing | ||||||
10 | account with
similar funds of other associations. The | ||||||
11 | management company shall at all
times maintain records | ||||||
12 | identifying all moneys of each association in such
investment | ||||||
13 | account. The management company may hold all operating funds of
| ||||||
14 | associations which it manages in a single operating account but | ||||||
15 | shall at
all times maintain records identifying all moneys of | ||||||
16 | each association in
such operating account. Such operating and | ||||||
17 | reserve funds held by the
management company for the | ||||||
18 | association shall not be subject to attachment
by any creditor | ||||||
19 | of the management company.
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20 | For the purpose of this subsection a management company | ||||||
21 | shall be
defined as a person, partnership, corporation, or | ||||||
22 | other legal entity
entitled to transact business on behalf of | ||||||
23 | others, acting on behalf of or
as an agent for a unit owner, | ||||||
24 | unit owners or association of unit owners for
the purpose of | ||||||
25 | carrying out the duties, responsibilities, and other
| ||||||
26 | obligations necessary for the day to day operation and |
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1 | management of any
property subject to this Act. For purposes of | ||||||
2 | this subsection, the term
"fiduciary insurance coverage" shall | ||||||
3 | be defined as both a fidelity bond and
directors and officers | ||||||
4 | liability coverage, the fidelity bond in the full
amount of | ||||||
5 | association funds and association reserves that will be in the
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6 | custody of the association, and the directors and officers | ||||||
7 | liability
coverage at a level as shall be determined to be | ||||||
8 | reasonable by the board of
managers, if not otherwise | ||||||
9 | established by the declaration or by laws.
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10 | Until one year after the effective date of this amendatory | ||||||
11 | Act of 1985,
if a condominium association has reserves plus | ||||||
12 | assessments in excess of
$250,000 and cannot reasonably obtain | ||||||
13 | 100% fidelity bond coverage for such
amount, then it must | ||||||
14 | obtain a fidelity bond coverage of $250,000.
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15 | (h) Method of estimating the amount of the annual budget, | ||||||
16 | and the manner
of assessing and collecting from the unit owners | ||||||
17 | their respective shares of
such estimated expenses, and of any | ||||||
18 | other expenses lawfully agreed upon.
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19 | (i) That upon 10 days notice to the manager or board of | ||||||
20 | managers and
payment of a reasonable fee, any unit owner shall | ||||||
21 | be furnished a statement
of his account setting forth the | ||||||
22 | amount of any unpaid assessments or other
charges due and owing | ||||||
23 | from such owner.
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24 | (j) Designation and removal of personnel necessary for the | ||||||
25 | maintenance,
repair and replacement of the common elements.
| ||||||
26 | (k) Such restrictions on and requirements respecting the |
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| |||||||
1 | use and
maintenance of the units and the use of the common | ||||||
2 | elements, not set forth
in the declaration, as are designed to | ||||||
3 | prevent unreasonable interference
with the use of their | ||||||
4 | respective units and of the common elements by the
several unit | ||||||
5 | owners. Restrictions regarding the use of the units may include | ||||||
6 | other prohibitions on, or the allowance of, smoking tobacco | ||||||
7 | products.
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8 | (l) Method of adopting and of amending administrative rules | ||||||
9 | and
regulations governing the operation and use of the common | ||||||
10 | elements.
| ||||||
11 | (m) The percentage of votes required to modify or amend the | ||||||
12 | bylaws, but
each one of the particulars set forth in this | ||||||
13 | section shall always be
embodied in the bylaws.
| ||||||
14 | (n) (i) The provisions of this Act, the declaration, | ||||||
15 | bylaws, other
condominium instruments, and rules and | ||||||
16 | regulations that relate to the use
of the individual unit or | ||||||
17 | the common elements shall be applicable to
any person leasing a | ||||||
18 | unit and shall be deemed to be incorporated in any
lease | ||||||
19 | executed or renewed on or after the effective date of this | ||||||
20 | amendatory
Act of 1984. (ii) With regard to any lease entered | ||||||
21 | into subsequent to the
effective date of this amendatory Act of | ||||||
22 | 1989, the unit owner leasing the
unit shall deliver a copy of | ||||||
23 | the signed lease to the board or if the
lease is oral, a | ||||||
24 | memorandum of the lease, not later than the date of
occupancy | ||||||
25 | or 10 days after the lease is signed, whichever occurs first. | ||||||
26 | In
addition to any other remedies, by filing an action jointly |
| |||||||
| |||||||
1 | against the
tenant and the unit owner, an association may seek | ||||||
2 | to enjoin a tenant from
occupying a unit or seek to evict a | ||||||
3 | tenant under the provisions of Article
IX of the Code of Civil | ||||||
4 | Procedure for failure of the lessor-owner to
comply with the | ||||||
5 | leasing requirements prescribed by
this Section or by the | ||||||
6 | declaration, bylaws, and
rules and regulations. The board of | ||||||
7 | managers may proceed directly against a
tenant, at law or in | ||||||
8 | equity, or under the provisions of Article IX of the
Code of | ||||||
9 | Civil Procedure, for any other breach by tenant of any
| ||||||
10 | covenants, rules, regulations or bylaws.
| ||||||
11 | (o) The association shall have no authority to forbear the | ||||||
12 | payment
of assessments by any unit owner.
| ||||||
13 | (p) That when 30% or fewer of the units, by number,
possess | ||||||
14 | over 50% in the aggregate of the votes in the association,
any | ||||||
15 | percentage vote of members specified herein or in the | ||||||
16 | condominium
instruments shall require the specified percentage | ||||||
17 | by number of units
rather than by percentage of interest in the | ||||||
18 | common elements allocated
to units that would otherwise be | ||||||
19 | applicable. For purposes of this subsection (p), when making a | ||||||
20 | determination of whether 30% or fewer of the units, by number, | ||||||
21 | possess over 50% in the aggregate of the votes in the | ||||||
22 | association, a unit shall not include a garage unit or a | ||||||
23 | storage unit.
| ||||||
24 | (q) That a unit owner may not assign, delegate, transfer, | ||||||
25 | surrender, or
avoid the duties, responsibilities, and | ||||||
26 | liabilities of a unit owner under this
Act, the condominium |
| |||||||
| |||||||
1 | instruments, or the rules and regulations of the
Association; | ||||||
2 | and that such an attempted assignment, delegation, transfer,
| ||||||
3 | surrender, or avoidance shall be deemed void.
| ||||||
4 | The provisions of this Section are applicable to all | ||||||
5 | condominium
instruments recorded under this Act. Any portion of | ||||||
6 | a condominium
instrument which contains provisions contrary to | ||||||
7 | these provisions shall be
void as against public policy and | ||||||
8 | ineffective. Any such instrument which
fails to contain the | ||||||
9 | provisions required by this Section shall be deemed to
| ||||||
10 | incorporate such provisions by operation of law.
| ||||||
11 | (Source: P.A. 95-624, eff. 6-1-08.)
| ||||||
12 | Section 99. Effective date. This Act takes effect January | ||||||
13 | 1, 2009.".
|