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Sen. William R. Haine
Filed: 2/20/2014
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| 1 | | AMENDMENT TO SENATE BILL 3057
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3057 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Common Interest Community Association Act |
| 5 | | is amended by changing Section 1-35 as follows:
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| 6 | | (765 ILCS 160/1-35)
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| 7 | | Sec. 1-35. Member powers, duties, and obligations. |
| 8 | | (a) The provisions of this Act, the declaration, bylaws, |
| 9 | | other community instruments, and rules and regulations that |
| 10 | | relate to the use of an individual unit or the common areas |
| 11 | | shall be applicable to any person leasing a unit and shall be |
| 12 | | deemed to be incorporated in any lease executed or renewed on |
| 13 | | or after the effective date of this Act. Unless otherwise |
| 14 | | provided in the community instruments, with With regard to any |
| 15 | | lease entered into subsequent to the effective date of this |
| 16 | | Act, the unit owner leasing the unit shall deliver a copy of |
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| 1 | | the signed lease to the association or if the lease is oral, a |
| 2 | | memorandum of the lease, not later than the date of occupancy |
| 3 | | or 10 days after the lease is signed, whichever occurs first. |
| 4 | | (b) If there are multiple owners of a single unit, only one |
| 5 | | of the multiple owners shall be eligible to serve as a member |
| 6 | | of the board at any one time, unless the unit owner owns |
| 7 | | another unit independently. |
| 8 | | (c) Two-thirds of the membership may remove a board member |
| 9 | | as a director at a duly called special meeting. |
| 10 | | (d) In the event of any resale of a unit in a common |
| 11 | | interest community association by a member or unit owner other |
| 12 | | than the developer, the board shall make available for |
| 13 | | inspection to the prospective purchaser, upon demand, the |
| 14 | | following:
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| 15 | | (1) A copy of the declaration, other instruments, and |
| 16 | | any rules and regulations.
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| 17 | | (2) A statement of any liens, including a statement of |
| 18 | | the account of the unit setting forth the amounts of unpaid |
| 19 | | assessments and other charges due and owing.
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| 20 | | (3) A statement of any capital expenditures |
| 21 | | anticipated by the association within the current or |
| 22 | | succeeding 2 fiscal years.
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| 23 | | (4) A statement of the status and amount of any reserve |
| 24 | | or replacement fund and any other fund specifically |
| 25 | | designated for association projects.
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| 26 | | (5) A copy of the statement of financial condition of |
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| 1 | | the association for the last fiscal year for which such a |
| 2 | | statement is available.
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| 3 | | (6) A statement of the status of any pending suits or |
| 4 | | judgments in which the association is a party.
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| 5 | | (7) A statement setting forth what insurance coverage |
| 6 | | is provided for all members or unit owners by the |
| 7 | | association for common properties.
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| 8 | | The principal officer of the board or such other officer as |
| 9 | | is specifically designated shall furnish the above information |
| 10 | | within 30 days after receiving a written request for such |
| 11 | | information. |
| 12 | | A reasonable fee covering the direct out-of-pocket cost of |
| 13 | | copying and providing such information may be charged by the |
| 14 | | association or the board to the unit seller for providing the |
| 15 | | information.
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| 16 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; |
| 17 | | 97-1090, eff. 8-24-12.)".
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