Bill Status of SB 1651   97th General Assembly

Short Description:  COMM INT COMM ASSOC-EXCEPTIONS

Senate Sponsors
Sen. A. J. Wilhelmi

House Sponsors
(Rep. Tom Cross-Timothy L. Schmitz)


Last Action  View All Actions

DateChamber Action
  8/26/2011SenatePublic Act . . . . . . . . . 97-0605

Statutes Amended In Order of Appearance
765 ILCS 160/1-15
765 ILCS 160/1-25
765 ILCS 160/1-35
765 ILCS 160/1-40
765 ILCS 160/1-45
765 ILCS 160/1-55
765 ILCS 160/1-75

Synopsis As Introduced
Amends the Common Interest Community Association Act. Provides that the Act applies to all common interest communities in this State, except as specifically stated. Provides that portions of a declaration or the by-laws of a common interest community association that are inconsistent with the Act are void as against public policy. Deletes provision that states community instruments should be interpreted consistently with the Act's definitions, unless the context otherwise requires. Deletes provision that states that all provisions of a declaration, bylaws, and other community instruments are severable. Deletes provision stating that the terms of at least one-third of the board members expire annually and that board members are elected at large. Exempts master associations from the provision that states that two-thirds of the unit owners may remove a board member at a special meeting. Deletes exception that allows community instruments to require a quorum other than 20% of the unit owners. Exempts master associations from the finance provisions of the Act that concern separate assessments. Deletes provisions that exempted certain common interest community associations (those which: are not permitted, under their governing documents, to use litigation or arbitration to collect assessments or fines; have 10 units or less; or have annual budgeted assessments of $50,000 or less) from provisions in the Act pertaining to board meeting frequency, meeting notices, meeting procedures, and fidelity insurance. Makes other changes.

Senate Floor Amendment No. 1
Adds reference to:
765 ILCS 160/1-5
765 ILCS 160/1-20
765 ILCS 160/1-30
765 ILCS 160/1-60
765 ILCS 160/1-80 new
765 ILCS 605/18.5from Ch. 30, par. 318.5

Replaces everything after the enacting clause. Further amends the Common Interest Community Association Act. Provides that a "common interest community" does not include a master association. Defines "member" as a person or entity entitled to one vote as defined by the community instruments. Defines "prescribed delivery method" as to providing a notice to a unit owner. Deletes provision stating that all provisions of a declaration, by-laws, or other community instruments are severable. Provides that any provision of the declaration or the by-laws of a common interest community that is inconsistent with the Act are void as against public policy and ineffective. Provides that an association with 30 or more units shall have fidelity insurance covering persons who control or disburse operating funds (instead of control or disburse funds) for the maximum amount of coverage that is commercially or reasonably required (instead of maximum amount of coverage available). Makes corresponding changes. Provides for voting by members (instead of by unit owners) at an annual meeting at which a board of directors may be elected. Provides that a common interest community association shall be in full compliance with the Act no later than January 1, 2012. Makes other changes. Amends the Condominium Property Act. In provisions concerning master associations, removes a provision making certain portions of the Act applicable to all common interest community associations. Effective immediately.

Senate Floor Amendment No. 2
Further amends the Common Interest Community Association Act. Deletes definition of "master association". Provides that a "member" means the person or entity designated as an owner and entitled to one vote (instead of person or entity entitled to one vote) as defined by the community instruments. Provides that an association with 30 or more units shall obtain and maintain fidelity insurance covering persons who control or disburse funds of the association for the maximum amount of coverage that is commercially available or reasonably required (instead of commercially or reasonably required) to protect funds in the custody or control of the association plus the association reserve fund. All management companies which are responsible for the funds held or administered by the association shall maintain and furnish to the association a fidelity bond for the maximum amount of coverage that is commercially available or reasonably required (instead of commercially or reasonably required) to protect funds in the custody of the management company at any time.

Actions 
DateChamber Action
  2/9/2011SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/9/2011SenateFirst Reading
  2/9/2011SenateReferred to Assignments
  3/2/2011SenateAssigned to Judiciary
  3/10/2011SenatePostponed - Judiciary
  3/15/2011SenateDo Pass Judiciary; 010-000-000
  3/15/2011SenatePlaced on Calendar Order of 2nd Reading March 16, 2011
  4/7/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  4/7/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/11/2011SenateSecond Reading
  4/11/2011SenatePlaced on Calendar Order of 3rd Reading April 12, 2011
  4/11/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  4/11/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/12/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/12/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/12/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  4/12/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  4/14/2011SenateRecalled to Second Reading
  4/14/2011SenateSenate Floor Amendment No. 1 Adopted; Wilhelmi
  4/14/2011SenateSenate Floor Amendment No. 2 Adopted; Wilhelmi
  4/14/2011SenatePlaced on Calendar Order of 3rd Reading
  4/14/2011SenateThird Reading - Passed; 057-000-000
  4/14/2011HouseArrived in House
  4/14/2011HousePlaced on Calendar Order of First Reading
  4/14/2011HouseChief House Sponsor Rep. Tom Cross
  4/14/2011HouseFirst Reading
  4/14/2011HouseReferred to Rules Committee
  5/3/2011HouseAssigned to Executive Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/16/2011HouseMotion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie
  5/16/2011HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/18/2011HouseDo Pass / Short Debate Executive Committee; 011-000-000
  5/18/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2011HouseAdded Alternate Chief Co-Sponsor Rep. Timothy L. Schmitz
  5/26/2011HouseSecond Reading - Short Debate
  5/26/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/31/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2011HouseThird Reading - Short Debate - Passed 117-000-000
  5/31/2011SenatePassed Both Houses
  6/29/2011SenateSent to the Governor
  8/26/2011SenateGovernor Approved
  8/26/2011SenateEffective Date August 26, 2011
  8/26/2011SenatePublic Act . . . . . . . . . 97-0605

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