Illinois General Assembly - Full Text of HB0058
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Full Text of HB0058  102nd General Assembly




HB0058 EnrolledLRB102 02671 AWJ 12674 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Section
53-5048 as follows:
6    (55 ILCS 5/3-5048 new)
7    Sec. 3-5048. Unlawful restrictive covenant modifications.
8    (a) As used in this Section:
9    "Declaration" has the meaning given to that term in
10Section 1-5 of the Common Interest Community Association Act
11or Section 2 of the Condominium Property Act, as applicable.
12    "Unlawful restrictive covenant" means any recorded
13covenant or restriction that is void under Section 3-105 of
14the Illinois Human Rights Act which purports to forbid or
15restrict the conveyance, encumbrance, occupancy, or lease
16thereof on the basis of race, color, religion, or national
18    "Recorder" means the recorder of the county where the
19property subject to the unlawful restrictive covenant is
21    (b) A person or entity may execute and file a restrictive
22covenant modification to an unlawful restrictive covenant in
23accordance with this Section if the person or entity:



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1        (1) holds an ownership interest in property that is
2    subject to the unlawful restrictive covenant; or
3        (2) is a common interest community association, a
4    condominium association, a unit owners' association, a
5    residential housing cooperative, or a master association
6    of a parcel of property subject to an unlawful restrictive
7    covenant under the following conditions:
8            (A) When a parcel of property subject to an
9        unlawful restrictive covenant is in a common interest
10        community association, condominium association, unit
11        owners' association, residential housing cooperative,
12        or master association, only the board, acting through
13        a majority vote, may execute and file a restrictive
14        covenant modification under this Section. Removal of
15        an unlawful restrictive covenant will not require
16        approval of the owners or members of such association
17        or cooperative, notwithstanding any provision of the
18        governing documents to the contrary. As used in
19        subparagraphs (A) through (D), "board" means the board
20        of managers or directors or the managing trustees of
21        any such association or cooperative.
22            (B) If the board receives a written request by an
23        owner or member of the association or cooperative that
24        the board exercise its authority to execute and file a
25        restrictive covenant modification under this Section,
26        the board shall, within 90 days, investigate any claim



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1        of an unlawful restrictive covenant and, if determined
2        to be an unlawful restrictive covenant, shall execute
3        and file a restrictive covenant modification as
4        provided under this Section.
5            (C) If a board fails or refuses to execute and file
6        a restrictive covenant modification after it receives
7        a written request by an owner or member as provided in
8        subparagraph (B), the owner or member who made the
9        written request may bring an action to compel the
10        board to file a restrictive covenant modification. Any
11        owner or member who prevails in such an action to
12        compel shall be entitled to recover reasonable
13        attorneys' fees and costs from the association or
14        cooperative.
15            (D) The board shall give written notice to all
16        owners or members of the association of the
17        restrictive covenant modification along with a copy of
18        such restrictive covenant modification within 21 days
19        after receiving a recorded copy of the documents.
20    (c) A restrictive covenant modification shall include:
21        (1) a complete copy of the original instrument
22    containing the unlawful restrictive covenant with the
23    language of the unlawful restrictive covenant stricken;
24    and
25        (2) a petition to modify an unlawful restrictive
26    covenant, as provided in subsection (d).



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1    (d) A petition to modify an unlawful restrictive covenant
3        (1) be signed by the record owner of the property or,
4    in the case of an entity under paragraph (2) of subsection
5    (b), be accompanied by a certification that a majority of
6    the governing body of the entity has agreed to the
7    restrictive covenant modification;
8        (2) reference the property index number or unique
9    parcel identification code of the property for which the
10    original instrument containing the unlawful restrictive
11    covenant is recorded; and
12        (3) include any other information that the recorder or
13    State's Attorney considers necessary in carrying out the
14    requirements of this Section.
15    (e) On receipt of a restrictive covenant modification, the
16recorder shall submit the restrictive covenant modification
17together with a copy of the original instrument referenced in
18the restrictive covenant modification to the State's Attorney.
19    (f) Within 30 days of receipt from the recorder, the
20State's Attorney shall:
21        (1) review the restrictive covenant modification and
22    the copy of the original instrument to determine: (i)
23    whether the original instrument contains an unlawful
24    restrictive covenant; and (ii) whether the restrictive
25    covenant modification correctly strikes through only the
26    language of the unlawful restrictive covenant; and



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1        (2) return the restrictive covenant modification and
2    copy of the original instrument to the recorder together
3    with the State's Attorney's written determination.
4    (g) The recorder may not record a restrictive covenant
5modification filed under subsection (b) unless the State's
6Attorney determines that the modification is appropriate in
7accordance with subsection (f). If the State's Attorney's
8written determination finds that the instrument contains an
9unlawful restrictive covenant, the recorder shall record the
10restrictive covenant modification with the language stricken
11as directed by the State's Attorney.
12    (h) A recorded restrictive covenant modification shall be
13indexed in the same manner as the original instrument.
14    (i) Subject to all lawful covenants, conditions, and
15restrictions that were recorded after the recording of the
16original instrument, the restrictions contained in a duly
17recorded restrictive covenant modification are the only
18restrictions based on the original instrument that apply to
19the property.
20    (j) The effective date of the terms and conditions
21contained in a duly recorded restrictive covenant modification
22shall be the same as the effective date of the original
24    (k) If a person or entity causes to be filed or recorded a
25restrictive covenant modification that contains modifications
26not authorized under this Section:



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1        (1) the recorder may not incur any liability for
2    recording the restrictive covenant modification;
3        (2) the county may not incur any liability as a result
4    of a determination rendered by the State's Attorney under
5    subsection (f); and
6        (3) any costs, fees, or liability that results from
7    the unauthorized filing or recording shall be the sole
8    responsibility of the person or entity that executed the
9    restrictive covenant modification.
10    (l) The recorder may impose a fee for filing a restrictive
11covenant modification to an unlawful restrictive covenant
12pursuant to this Section in an amount not to exceed $10.