Bill Status of SB 3572   97th General Assembly

Short Description:  COMMON INT COMM ASSN-PROCEDURE

Senate Sponsors
Sen. William R. Haine and Darin M. LaHood

House Sponsors
(Rep. Tom Cross-Jil Tracy)


Last Action  View All Actions

DateChamber Action
  8/24/2012SenatePublic Act . . . . . . . . . 97-1090

Statutes Amended In Order of Appearance
765 ILCS 160/1-15
765 ILCS 160/1-20
765 ILCS 160/1-25
765 ILCS 160/1-30
765 ILCS 160/1-35
765 ILCS 160/1-45

Synopsis As Introduced
Amends the Common Interest Community Association Act. Provides that the board of directors of a common interest community association has the authority to revise all severed community instruments independent of the membership. Provides that no action to incorporate a common interest community as a municipality shall begin until two-thirds of the members sign an incorporation document. Provides that routine scheduled elections (instead of annual elections) shall be held for the board of managers or the board of directors. Provides for the elimination of voting by proxy in elections. Provides that if there are multiple owners of a single unit only one of the multiple owners is eligible to serve as a board member at any one time, unless the member owns another unit independently. Provides that the Board shall approve a budget including reserves, capital expenses, and operating expenses which shall be assessed equally to the membership. Provides that if total common expenses exceed the budget, the board shall disclose this to all members and identify subsequent assessments that will be made to offset this variance in future budgets. Provides that assessments for additions and alterations to common areas or to association-owned property not in the budget, shall be separately assessed and are subject to approval of a simple majority (instead of two-thirds) of the total members at a meeting called for that purpose. Makes other changes.

Senate Floor Amendment No. 2
Adds reference to:
765 ILCS 160/1-5
765 ILCS 160/1-40
765 ILCS 160/1-50
765 ILCS 160/1-60
765 ILCS 160/1-70
765 ILCS 160/1-75

Replaces everything after the enacting clause with provisions similar to the introduced bill, with the following changes. Further amends the Common Interest Community Association Act. Provides that provisions of the declaration, bylaws, and other community instruments severed by the Act shall be revised by the board of directors independent of the membership to comply with the Act (rather than that provisions of the declaration, bylaws, and other instruments are severable and the board of directors has the authority to revise all severed community instruments independent of the membership). Replaces the term "unit owner" with the term "member" in many instances, depending upon the context, in the Act. Provides that members of the association board and officers shall be elected to terms of no more than 4 years (instead of 3 years). Makes other changes. Effective immediately.

House Floor Amendment No. 3
Deletes reference to:
765 ILCS 160/1-70

Further amends the Common Interest Community Association Act. Provides that the definition of "member" is supplemented by stating that the terms "member" and "unit owner" may be used interchangeably as defined by the community instruments, except in situations in which a matter of legal title to the unit is involved or at issue, in which case the term "unit owner" would be the applicable term used. Provides that the election of association board members provided by community instruments shall occur no less frequently than once every 24 months. Changes several, but not all, references from "unit owner" to "member". In provisions concerning separate assessments relating to emergencies provides that an "emergency" means a danger to or a compromise of the structural integrity of the common areas or any of the common facilities (instead of or any of the common assets) of the common interest community.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. William R. Haine
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/16/2012SenateAdded as Co-Sponsor Sen. Darin M. LaHood
  2/22/2012SenateAssigned to Judiciary
  2/28/2012SenateDo Pass Judiciary; 008-000-000
  2/28/2012SenatePlaced on Calendar Order of 2nd Reading February 29, 2012
  2/29/2012SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  2/29/2012SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/1/2012SenateSecond Reading
  3/1/2012SenatePlaced on Calendar Order of 3rd Reading March 6, 2012
  3/6/2012SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  3/23/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  3/23/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  3/27/2012SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  3/27/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  3/28/2012SenateRecalled to Second Reading
  3/28/2012SenateSenate Floor Amendment No. 2 Adopted; Haine
  3/28/2012SenatePlaced on Calendar Order of 3rd Reading
  3/28/2012SenateThird Reading - Passed; 053-000-000
  3/28/2012SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/29/2012HouseArrived in House
  3/30/2012HouseChief House Sponsor Rep. Tom Cross
  3/30/2012HousePlaced on Calendar Order of First Reading
  3/30/2012HouseFirst Reading
  3/30/2012HouseReferred to Rules Committee
  4/16/2012HouseAssigned to Judiciary I - Civil Law Committee
  5/2/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 009-001-000
  5/2/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jil Tracy
  5/11/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Tom Cross
  5/11/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/14/2012HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  5/15/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 010-000-000
  5/17/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Tom Cross
  5/17/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/22/2012HouseSecond Reading - Short Debate
  5/22/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/24/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Tom Cross
  5/24/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/25/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/26/2012HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Tom Cross
  5/26/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/26/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2012HouseThird Reading - Short Debate - Passed 085-026-001
  5/28/2012HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  5/28/2012SenateSecretary's Desk - Concurrence House Amendment(s) 3
  5/28/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - May 29, 2012
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
  5/29/2012SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/30/2012SenateHouse Floor Amendment No. 3 Senate Concurs 057-000-000
  5/30/2012SenatePassed Both Houses
  6/28/2012SenateSent to the Governor
  8/24/2012SenateGovernor Approved
  8/24/2012SenateEffective Date August 24, 2012
  8/24/2012SenatePublic Act . . . . . . . . . 97-1090

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