Rep. Kelly M. Cassidy
Filed: 4/29/2014
 
 

 

 

 
09800SB2892ham001LRB098 12652 HEP 58774 a



1
AMENDMENT TO SENATE BILL 2892 




2    AMENDMENT NO. ______. Amend Senate Bill 2892 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Condominium Property Act is amended  by 
5adding Section 18.8 as follows:
 
6    (765 ILCS 605/18.8 new)
7    Sec. 18.8. Common elements; rights of board.
8    (a) Any provision in a condominium instrument is void as 
9against public policy and ineffective if it limits or restricts 
10the rights of the board of managers by:
11        (1) requiring the prior consent of the unit owners in 
12    order for the board of managers to take any action, 
13    including the institution of any action in court or a 
14    demand for a trial by jury; or
15        (2) notwithstanding Section 32 of this Act, requiring 
16    the board of managers to arbitrate or mediate a dispute 
 
 
09800SB2892ham001- 2 -LRB098 12652 HEP 58774 a

1    with any one or more of all of the declarants under the 
2    condominium instruments or the developer or any person not 
3    then a unit owner prior to the institution of any action by 
4    the board of managers or a demand for a trial by jury.
5    (b) A provision in a declaration which would otherwise be 
6void and ineffective under this Section may be enforced if it 
7is approved by a vote of not less than 75% of the unit owners at 
8any time after the election of the first unit owner board of 
9managers.".