97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5512
 
Introduced 2/15/2012, by Rep. Sandy Cole - Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 

 
765 ILCS 160/1-37 new

     Amends the Common Interest Community Association  Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument.  Provides that a community instrument may not impose restrictions on a residential dwelling licensed as a day care home unless the restrictions are no more restrictive than those imposed by the Child Care Act of 1969 or rules adopted by the Department of Children and Family Services. Provides that a community instrument may not prohibit the use of a residential dwelling as a day care home unless prohibiting the use is necessary to preserve the health, safety, and welfare of the other residents in the community. Provides that the burden of proof is on the party seeking to enforce a community instrument to demonstrate, on a case-by-case basis, that the restrictions are necessary to preserve the health, safety, and welfare of the residents of the community. Provides that a condominium, timeshare, or cooperative is exempt from the provision. 
  


LRB097 16797 AJO 61977 b

 
 
A BILL FOR
 

  
HB5512LRB097 16797 AJO 61977 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Common Interest Community Association  Act is 
5amended  by adding Section 1-37 as follows:
 
6    (765 ILCS 160/1-37 new)
7    Sec. 1-37. Community instruments; day care homes.
8    (a) The operation of a licensed day care home, as defined 
9in the Child Care Act of 1969, in a residential dwelling, is 
10incidental to the primary residential use of the dwelling and 
11constitutes a valid residential use for the purpose of any 
12community instrument. A community instrument may not be 
13interpreted so that the operation of a family day care home is 
14considered a business, commercial activity, or trade.
15    (b) A community instrument may not impose restrictions on a 
16residential dwelling licensed as a day care home unless the 
17restrictions are no more restrictive than those imposed by the 
18Child Care Act of 1969 or rules adopted pursuant to that Act by 
19the Department of Children and Family Services. 
20    (c) A community instrument may not prohibit the use of a 
21residential dwelling as a day care home unless prohibiting the 
22use is necessary to preserve the health, safety, and welfare of 
23the other residents in the community. 
 
 
HB5512- 2 -LRB097 16797 AJO 61977 b

1    (d) The burden of proof is on the party seeking to enforce 
2a community instrument to demonstrate, on a case-by-case basis, 
3that the restrictions are necessary to preserve the health, 
4safety, and welfare of the residents of the community who were 
5meant to benefit from the restrictions or that the restrictions 
6are no more restrictive than those imposed by the Child Care 
7Act of 1969 or rules adopted pursuant to that Act by the 
8Department of Children and Family Services.
9    (e) A condominium, timeshare, or cooperative is exempt from 
10this Section.