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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1804 Introduced 2/9/2011, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
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Provides that a deed restriction, restrictive covenant, or similar provision may not waive, prohibit, or restrict the right to notice of a public hearing or the right to object, oppose, or challenge (i) the creation of a special service area, (ii) the activation of a backup or dormant special service area, (iii) the levy of any tax of a special service area, or (iv) the issuance of bonds of a special service area. Effective immediately.
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| | A BILL FOR |
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| | SB1804 | | LRB097 08557 HLH 48684 b |
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| 1 | | AN ACT concerning revenue.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Property Tax Code is amended by adding |
| 5 | | Section 27-55a as follows:
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| 6 | | (35 ILCS 200/27-55a new) |
| 7 | | Sec. 27-55a. Restrictive covenants; waiver of certain |
| 8 | | rights. A deed restriction, restrictive covenant, or similar |
| 9 | | provision may not waive, prohibit, or restrict the right to |
| 10 | | notice of a public hearing or the right to object, oppose, or |
| 11 | | challenge (i) the creation of a special service area, (ii) the |
| 12 | | activation of a backup or dormant special service area, (iii) |
| 13 | | the levy of any tax of a special service area, or (iv) the |
| 14 | | issuance of bonds of a special service area. Any such deed |
| 15 | | restriction, restrictive covenant, or similar provision shall |
| 16 | | not be enforceable and is null and void against the property |
| 17 | | owner, lot or unit owner of the common interest community, |
| 18 | | condominium, or cooperative. The term "common interest |
| 19 | | community" in this Section has the same meaning as set forth in |
| 20 | | Section 9-102(c)of the Code of Civil Procedure.
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| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.
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