Full Text of SB3040 98th General Assembly
SB3040eng 98TH GENERAL ASSEMBLY |
| | SB3040 Engrossed | | LRB098 17495 HEP 52602 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Common Interest Community Association Act is | 5 | | amended by changing Sections 1-5 and 1-25 and by adding Section | 6 | | 1-85 as follows: | 7 | | (765 ILCS 160/1-5)
| 8 | | Sec. 1-5. Definitions. As used in this Act, unless the | 9 | | context otherwise requires: | 10 | | "Acceptable technological means" includes, without | 11 | | limitation, electronic transmission over the Internet or other | 12 | | network, whether by direct connection, intranet, telecopier, | 13 | | or electronic mail. | 14 | | "Association" or "common interest community association" | 15 | | means the association of all the members of a common interest | 16 | | community, acting pursuant to bylaws through its duly elected | 17 | | board of managers or board of directors. | 18 | | "Board" means a common interest community association's | 19 | | board of managers or board of directors, whichever is | 20 | | applicable. | 21 | | "Board member" or "member of the board" means a member of | 22 | | the board of managers or the board of directors, whichever is | 23 | | applicable. |
| | | SB3040 Engrossed | - 2 - | LRB098 17495 HEP 52602 b |
|
| 1 | | "Board of directors" means, for a common interest community | 2 | | that has been incorporated as an Illinois not-for-profit | 3 | | corporation, the group of people elected by the members of a | 4 | | common interest community as the governing body to exercise for | 5 | | the members of the common interest community association all | 6 | | powers, duties, and authority vested in the board of directors | 7 | | under this Act and the common interest community association's | 8 | | declaration and bylaws. | 9 | | "Board of managers" means, for a common interest community | 10 | | that is an unincorporated association, the group of people | 11 | | elected by the members of a common interest community as the | 12 | | governing body to exercise for the members of the common | 13 | | interest community association all powers, duties, and | 14 | | authority vested in the board of managers under this Act and | 15 | | the common interest community association's declaration and | 16 | | bylaws. | 17 | | "Building" means all structures, attached or unattached, | 18 | | containing one or more units. | 19 | | "Common areas" means the portion of the property other than | 20 | | a unit. | 21 | | "Common expenses" means the proposed or actual expenses | 22 | | affecting the property, including reserves, if any, lawfully | 23 | | assessed by the common interest community association. | 24 | | "Common interest community" means real estate other than a | 25 | | condominium or cooperative with respect to which any person by | 26 | | virtue of his or her ownership of a partial interest or a unit |
| | | SB3040 Engrossed | - 3 - | LRB098 17495 HEP 52602 b |
|
| 1 | | therein is obligated to pay for the maintenance, improvement, | 2 | | insurance premiums or real estate taxes of common areas | 3 | | described in a declaration which is administered by an | 4 | | association. "Common interest community" may include, but not | 5 | | be limited to, an attached or detached townhome, villa, or | 6 | | single-family home. A "common interest community" does not | 7 | | include a master association. | 8 | | "Community instruments" means all documents and authorized | 9 | | amendments thereto recorded by a developer or common interest | 10 | | community association, including, but not limited to, the | 11 | | declaration, bylaws, plat of survey, and rules and regulations. | 12 | | "Declaration" means any duly recorded instruments, however | 13 | | designated, that have created a common interest community and | 14 | | any duly recorded amendments to those instruments. | 15 | | "Developer" means any person who submits property legally | 16 | | or equitably owned in fee simple by the person to the | 17 | | provisions of this Act, or any person who offers units legally | 18 | | or equitably owned in fee simple by the person for sale in the | 19 | | ordinary course of such person's business, including any | 20 | | successor to such person's entire interest in the property | 21 | | other than the purchaser of an individual unit. | 22 | | "Developer control" means such control at a time prior to | 23 | | the election of the board of the common interest community | 24 | | association by a majority of the members other than the | 25 | | developer. | 26 | | "Electronic transmission" means any form of communication, |
| | | SB3040 Engrossed | - 4 - | LRB098 17495 HEP 52602 b |
|
| 1 | | not directly involving the physical transmission of paper, that | 2 | | creates a record that may be retained, retrieved, and reviewed | 3 | | by a recipient and that may be directly reproduced in paper | 4 | | form by the recipient through an automated process. | 5 | | "Majority" or "majority of the members" means the owners of | 6 | | more than 50% in the aggregate in interest of the undivided | 7 | | ownership of the common elements. Any specified percentage of | 8 | | the members means such percentage in the aggregate in interest | 9 | | of such undivided ownership. "Majority" or "majority of the | 10 | | members of the board of the common interest community | 11 | | association" means more than 50% of the total number of persons | 12 | | constituting such board pursuant to the bylaws. Any specified | 13 | | percentage of the members of the common interest community | 14 | | association means that percentage of the total number of | 15 | | persons constituting such board pursuant to the bylaws. | 16 | | "Management company" or "community association manager" | 17 | | means a person, partnership, corporation, or other legal entity | 18 | | entitled to transact business on behalf of others, acting on | 19 | | behalf of or as an agent for an association for the purpose of | 20 | | carrying out the duties, responsibilities, and other | 21 | | obligations necessary for the day to day operation and | 22 | | management of any property subject to this Act.
| 23 | | "Meeting of the board" or "board meeting" means any | 24 | | gathering of a quorum of the members of the board of the common | 25 | | interest community association held for the purpose of | 26 | | conducting board business. |
| | | SB3040 Engrossed | - 5 - | LRB098 17495 HEP 52602 b |
|
| 1 | | "Member" means the person or entity designated as an owner | 2 | | and entitled to one vote as defined by the community | 3 | | instruments. The terms "member" and "unit owner" may be used | 4 | | interchangeably as defined by the community instruments, | 5 | | except in situations in which a matter of legal title to the | 6 | | unit is involved or at issue, in which case the term "unit | 7 | | owner" would be the applicable term used. | 8 | | "Membership" means the collective group of members | 9 | | entitled to vote as defined by the community instruments. | 10 | | "Parcel" means the lot or lots or tract or tracts of land | 11 | | described in the declaration as part of a common interest | 12 | | community. | 13 | | "Person" means a natural individual, corporation, | 14 | | partnership, trustee, or other legal entity capable of holding | 15 | | title to real property. | 16 | | "Plat" means a plat or plats of survey of the parcel and of | 17 | | all units in the common interest community, which may consist | 18 | | of a three-dimensional horizontal and vertical delineation of | 19 | | all such units, structures, easements, and common areas on the | 20 | | property. | 21 | | "Prescribed delivery method" means mailing, delivering, | 22 | | posting in an association publication that is routinely mailed | 23 | | to all members, electronic transmission, or any other delivery | 24 | | method that is approved in writing by the member and authorized | 25 | | by the community instruments. | 26 | | "Property" means all the land, property, and space |
| | | SB3040 Engrossed | - 6 - | LRB098 17495 HEP 52602 b |
|
| 1 | | comprising the parcel, all improvements and structures | 2 | | erected, constructed or contained therein or thereon, | 3 | | including any building and all easements, rights, and | 4 | | appurtenances belonging thereto, and all fixtures and | 5 | | equipment intended for the mutual use, benefit, or enjoyment of | 6 | | the members, under the authority or control of a common | 7 | | interest community association. | 8 | | "Purchaser" means any person or persons, other than the | 9 | | developer, who purchase a unit in a bona fide transaction for | 10 | | value. | 11 | | "Record" means to record in the office of the recorder of | 12 | | the county wherein the property is located. | 13 | | "Reserves" means those sums paid by members which are | 14 | | separately maintained by the common interest community | 15 | | association for purposes specified by the declaration and | 16 | | bylaws of the common interest community association. | 17 | | "Unit" means a part of the property designed and intended | 18 | | for any type of independent use. | 19 | | "Unit owner" means the person or persons whose estates or | 20 | | interests, individually or collectively, aggregate fee simple | 21 | | absolute ownership of a unit.
| 22 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 23 | | 97-1090, eff. 8-24-12.) | 24 | | (765 ILCS 160/1-25)
| 25 | | Sec. 1-25. Board of managers, board of directors, duties, |
| | | SB3040 Engrossed | - 7 - | LRB098 17495 HEP 52602 b |
|
| 1 | | elections, and voting. | 2 | | (a) Elections shall be held in accordance with the | 3 | | community instruments, provided that an election shall be held | 4 | | no less frequently than once every 24 months, for the board of | 5 | | managers or board of directors from among the membership of a | 6 | | common interest community association. | 7 | | (b) (Blank). | 8 | | (c) The members of the board shall serve without | 9 | | compensation, unless the community instruments indicate | 10 | | otherwise. | 11 | | (d) No member of the board or officer shall be elected for | 12 | | a term of more than 4 years, but officers and board members may | 13 | | succeed themselves. | 14 | | (e) If there is a vacancy on the board, the remaining | 15 | | members of the board may fill the vacancy by a two-thirds vote | 16 | | of the remaining board members until the next annual meeting of | 17 | | the membership or until members holding 20% of the votes of the | 18 | | association request a meeting of the members to fill the | 19 | | vacancy for the balance of the term. A meeting of the members | 20 | | shall be called for purposes of filling a vacancy on the board | 21 | | no later than 30 days following the filing of a petition signed | 22 | | by membership holding 20% of the votes of the association | 23 | | requesting such a meeting. | 24 | | (f) There shall be an election of a: | 25 | | (1) president from among the members of the board, who | 26 | | shall preside over the meetings of the board and of the |
| | | SB3040 Engrossed | - 8 - | LRB098 17495 HEP 52602 b |
|
| 1 | | membership; | 2 | | (2) secretary from among the members of the board, who | 3 | | shall keep the minutes of all meetings of the board and of | 4 | | the membership and who shall, in general, perform all the | 5 | | duties incident to the office of secretary; and | 6 | | (3) treasurer from among the members of the board, who | 7 | | shall keep the financial records and books of account. | 8 | | (g) If no election is held to elect board members within | 9 | | the time period specified in the bylaws, or within a reasonable | 10 | | amount of time thereafter not to exceed 90 days, then 20% of | 11 | | the members may bring an action to compel compliance with the | 12 | | election requirements specified in the bylaws. If the court | 13 | | finds that an election was not held to elect members of the | 14 | | board within the required period due to the bad faith acts or | 15 | | omissions of the board of managers or the board of directors, | 16 | | the members shall be entitled to recover their reasonable | 17 | | attorney's fees and costs from the association. If the relevant | 18 | | notice requirements have been met and an election is not held | 19 | | solely due to a lack of a quorum, then this subsection (g) does | 20 | | not apply. | 21 | | (h) Where there is more than one owner of a unit and there | 22 | | is only one member vote associated with that unit, if only one | 23 | | of the multiple owners is present at a meeting of the | 24 | | membership, he or she is entitled to cast the member vote | 25 | | associated with that unit. | 26 | | (h-5) A member may vote: |
| | | SB3040 Engrossed | - 9 - | LRB098 17495 HEP 52602 b |
|
| 1 | | (1) by proxy executed in writing by the member or by | 2 | | his or her duly authorized attorney in fact, provided, | 3 | | however, that the proxy bears the date of execution. Unless | 4 | | the community instruments or the written proxy itself | 5 | | provide otherwise, proxies will not be valid for more than | 6 | | 11 months after the date of its execution; or | 7 | | (2) by submitting an association-issued ballot in | 8 | | person at the election meeting; or | 9 | | (3) by submitting an association-issued ballot to the | 10 | | association or its designated agent by mail or other means | 11 | | of delivery specified in the declaration or bylaws ; or . | 12 | | (4) by any electronic or acceptable technological | 13 | | means. | 14 | | Votes cast under any paragraph of this subsection (h-5) are | 15 | | valid for the purpose of establishing a quorum. | 16 | | (i) The association may, upon adoption of the appropriate | 17 | | rules by the board, conduct elections by electronic or | 18 | | acceptable technological means. Members may not vote by proxy | 19 | | in board elections. Instructions regarding the use of | 20 | | electronic means or acceptable technological means for voting | 21 | | shall be distributed to all members not less than 10 and not | 22 | | more than 30 days before the election meeting. The instruction | 23 | | notice must include the names of all candidates who have given | 24 | | the board or its authorized agent timely written notice of | 25 | | their candidacy and must give the person voting through | 26 | | electronic or acceptable technological means the opportunity |
| | | SB3040 Engrossed | - 10 - | LRB098 17495 HEP 52602 b |
|
| 1 | | to cast votes for candidates whose names do not appear on the | 2 | | ballot. The board rules shall provide and the instructions | 3 | | provided to the member shall state that a member who submits a | 4 | | vote using electronic or acceptable technological means may | 5 | | request and cast a ballot in person at the election meeting, | 6 | | and thereby void any vote previously submitted by that member. | 7 | | secret ballot, distributed by the association, whereby the | 8 | | voting ballot is marked only with the voting interest for the | 9 | | member and the vote itself, provided that the association shall | 10 | | further adopt rules to verify the status of the member casting | 11 | | a ballot and provided further that proxies shall not be | 12 | | allowed. A candidate for election to the board or such | 13 | | candidate's representative shall have the right to be present | 14 | | at the counting of ballots at such election. | 15 | | (j) Upon proof of purchase, the purchaser of a unit from a | 16 | | seller other than the developer pursuant to an installment | 17 | | contract for purchase shall, during such times as he or she | 18 | | resides in the unit, be counted toward a quorum for purposes of | 19 | | election of members of the board at any meeting of the | 20 | | membership called for purposes of electing members of the | 21 | | board, shall have the right to vote for the members of the | 22 | | board of the common interest community association and to be | 23 | | elected to and serve on the board unless the seller expressly | 24 | | retains in writing any or all of such rights.
| 25 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 26 | | 97-1090, eff. 8-24-12.) |
| | | SB3040 Engrossed | - 11 - | LRB098 17495 HEP 52602 b |
|
| 1 | | (765 ILCS 160/1-85 new) | 2 | | Sec. 1-85. Use of technology. | 3 | | (a) Any notice required to be sent or received or | 4 | | signature, vote, consent, or approval required to be obtained | 5 | | under any community instrument or any provision of this Act may | 6 | | be accomplished using the most advanced technology available at | 7 | | that time. This Section governs the use of technology in | 8 | | implementing the provisions of any community instrument or any | 9 | | provision of this Act concerning notices, signatures, votes, | 10 | | consents, or approvals. | 11 | | (b) The common interest community association, unit | 12 | | owners, and other persons entitled to occupy a unit may perform | 13 | | any obligation or exercise any right under any community | 14 | | instrument or any provision of this Act by use of any | 15 | | technological means that provides sufficient security, | 16 | | reliability, identification, and verifiability. | 17 | | (c) A verifiable electronic signature satisfies any | 18 | | requirement for a signature under any community instrument or | 19 | | any provision of this Act. | 20 | | (d) Voting on, consent to, and approval of any matter under | 21 | | any community instrument or any provision of this Act may be | 22 | | accomplished by electronic transmission or other equivalent | 23 | | technological means, provided that a record is created as | 24 | | evidence thereof and maintained as long as the record would be | 25 | | required to be maintained in nonelectronic form. |
| | | SB3040 Engrossed | - 12 - | LRB098 17495 HEP 52602 b |
|
| 1 | | (e) Subject to other provisions of law, no action required | 2 | | or permitted by any community instrument or any provision of | 3 | | this Act need be acknowledged before a notary public if the | 4 | | identity and signature of the person can otherwise be | 5 | | authenticated to the satisfaction of the board of directors. | 6 | | (f) If any person does not have the capability or desire to | 7 | | conduct business using electronic transmission or other | 8 | | equivalent technological means, the common interest community | 9 | | association shall make reasonable accommodation, at its | 10 | | expense, for the person to conduct business with the common | 11 | | interest community association without the use of electronic or | 12 | | other means. | 13 | | (g) This Section does not apply to any notices required | 14 | | under Article IX of the Code of Civil Procedure related to: (i) | 15 | | an action by the common interest community association to | 16 | | collect a common expense; or (ii) foreclosure proceedings in | 17 | | enforcement of any lien rights under this Act. | 18 | | Section 10. The Condominium Property Act is amended by | 19 | | changing Sections 2 and 18 and by adding Section 18.8 as | 20 | | follows:
| 21 | | (765 ILCS 605/2) (from Ch. 30, par. 302)
| 22 | | Sec. 2. Definitions. As used in this Act, unless the | 23 | | context otherwise
requires:
| 24 | | (a) "Declaration" means the instrument by which the |
| | | SB3040 Engrossed | - 13 - | LRB098 17495 HEP 52602 b |
|
| 1 | | property is
submitted to the provisions of this Act, as | 2 | | hereinafter provided, and such
declaration as from time to time | 3 | | amended.
| 4 | | (b) "Parcel" means the lot or lots, tract or tracts of | 5 | | land, described
in the declaration, submitted to the provisions | 6 | | of this Act.
| 7 | | (c) "Property" means all the land, property and space | 8 | | comprising the
parcel, all improvements and structures | 9 | | erected, constructed or contained
therein or thereon, | 10 | | including the building and all easements, rights and
| 11 | | appurtenances belonging thereto, and all fixtures and | 12 | | equipment intended
for the mutual use, benefit or enjoyment of | 13 | | the unit owners, submitted to
the provisions of this Act.
| 14 | | (d) "Unit" means a part of the property designed and | 15 | | intended for any type
of independent use.
| 16 | | (e) "Common Elements" means all portions of the property | 17 | | except the
units, including limited common elements unless | 18 | | otherwise specified.
| 19 | | (f) "Person" means a natural individual, corporation, | 20 | | partnership,
trustee or other legal entity capable of holding | 21 | | title to real property.
| 22 | | (g) "Unit Owner" means the person or persons whose estates | 23 | | or interests,
individually or collectively, aggregate fee | 24 | | simple absolute ownership of a
unit, or, in the case of a | 25 | | leasehold condominium, the lessee or lessees of a
unit whose | 26 | | leasehold ownership of the unit expires simultaneously with the
|
| | | SB3040 Engrossed | - 14 - | LRB098 17495 HEP 52602 b |
|
| 1 | | lease described in item (x) of this Section.
| 2 | | (h) "Majority" or "majority of the unit owners" means the | 3 | | owners of more
than 50% in the aggregate in interest of the | 4 | | undivided ownership of the
common elements. Any specified | 5 | | percentage of the unit owners means such
percentage in the | 6 | | aggregate in interest of such undivided ownership.
"Majority" | 7 | | or "majority of the members of the board of managers" means
| 8 | | more than 50% of the total number of persons constituting such | 9 | | board
pursuant to the bylaws. Any specified percentage of the | 10 | | members of the
board of managers means that percentage of the | 11 | | total number of persons
constituting such board pursuant to the | 12 | | bylaws.
| 13 | | (i) "Plat" means a plat or plats of survey of the parcel | 14 | | and of all
units in the property submitted to the provisions of | 15 | | this Act, which may
consist of a three-dimensional horizontal | 16 | | and vertical delineation of all
such units.
| 17 | | (j) "Record" means to record in the office of the recorder | 18 | | or,
whenever required, to file in the office of the Registrar | 19 | | of Titles of the
county wherein the property is located.
| 20 | | (k) "Conversion Condominium" means a property which | 21 | | contains structures,
excepting those newly constructed and | 22 | | intended for condominium ownership, which
are, or have | 23 | | previously been, wholly or partially occupied before recording | 24 | | of
condominium instruments by persons other than those who have | 25 | | contracted for the
purchase of condominiums.
| 26 | | (l) "Condominium Instruments" means all documents and |
| | | SB3040 Engrossed | - 15 - | LRB098 17495 HEP 52602 b |
|
| 1 | | authorized
amendments thereto recorded pursuant to the | 2 | | provisions of the Act,
including the declaration, bylaws and | 3 | | plat.
| 4 | | (m) "Common Expenses" means the proposed or actual expenses | 5 | | affecting
the property, including reserves, if any, lawfully | 6 | | assessed by the Board
of Managers of the Unit Owner's | 7 | | Association.
| 8 | | (n) "Reserves" means those sums paid by unit owners which | 9 | | are separately
maintained by the board of managers for purposes | 10 | | specified by the board
of managers or the condominium | 11 | | instruments.
| 12 | | (o) "Unit Owners' Association" or "Association" means the | 13 | | association
of all the unit owners, acting pursuant to bylaws | 14 | | through its duly elected
board of managers.
| 15 | | (p) "Purchaser" means any person or persons other than the | 16 | | Developer who
purchase a unit in a bona fide transaction for | 17 | | value.
| 18 | | (q) "Developer" means any person who submits property | 19 | | legally or equitably
owned in fee simple by the developer, or | 20 | | leased to the developer
under a lease described in item (x) of | 21 | | this Section, to the
provisions of this
Act, or any person who | 22 | | offers units
legally or equitably owned in fee simple by the | 23 | | developer, or leased to the
developer under a lease described | 24 | | in item (x) of this Section, for
sale
in the ordinary course of
| 25 | | such person's business, including any successor or successors | 26 | | to
such developers' entire
interest in the property other than |
| | | SB3040 Engrossed | - 16 - | LRB098 17495 HEP 52602 b |
|
| 1 | | the purchaser of an individual unit.
| 2 | | (r) "Add-on Condominium" means a property to which | 3 | | additional property
may be added in accordance with condominium | 4 | | instruments and this Act.
| 5 | | (s) "Limited Common Elements" means a portion of the common | 6 | | elements so
designated in the declaration as being reserved for | 7 | | the use of a certain
unit or units to the exclusion of other | 8 | | units, including but not limited
to balconies, terraces, patios | 9 | | and parking spaces or facilities.
| 10 | | (t) "Building" means all structures, attached or | 11 | | unattached, containing
one or more units.
| 12 | | (u) "Master Association" means an organization described | 13 | | in Section 18.5
whether or not it is also an association | 14 | | described in Section 18.3.
| 15 | | (v) "Developer Control" means such control at a time prior | 16 | | to the
election
of the Board of Managers provided for in | 17 | | Section 18.2(b) of this Act.
| 18 | | (w) "Meeting of Board of Managers or Board of Master | 19 | | Association"
means any gathering of a quorum of the members of | 20 | | the Board
of Managers or Board of the Master Association held | 21 | | for the purpose of
conducting board business.
| 22 | | (x) "Leasehold Condominium" means a property submitted to | 23 | | the provisions
of this Act which is subject to a lease, the | 24 | | expiration or termination of which
would terminate the | 25 | | condominium and the lessor of which is (i) exempt from
taxation
| 26 | | under Section 501(c)(3) of the Internal Revenue Code of 1986, |
| | | SB3040 Engrossed | - 17 - | LRB098 17495 HEP 52602 b |
|
| 1 | | as amended,
(ii) a
limited liability company whose sole member | 2 | | is exempt from taxation under
Section 501
(c)(3) of the | 3 | | Internal Revenue Code of 1986, as amended, or (iii)
a Public | 4 | | Housing Authority created pursuant to the
Housing Authorities | 5 | | Act that is located in a municipality having a population
in
| 6 | | excess of 1,000,000 inhabitants. | 7 | | (y) "Electronic transmission" means any form of | 8 | | communication, not directly involving the physical | 9 | | transmission of paper, that creates a record that may be | 10 | | retained, retrieved, and reviewed by a recipient and that may | 11 | | be directly reproduced in paper form by the recipient through | 12 | | an automated process. | 13 | | (z) "Acceptable technological means" includes, without | 14 | | limitation, electronic transmission over the Internet or other | 15 | | network, whether by direct connection, intranet, telecopier, | 16 | | or electronic mail.
| 17 | | (Source: P.A. 93-474, eff. 8-8-03.)
| 18 | | (765 ILCS 605/18) (from Ch. 30, par. 318)
| 19 | | Sec. 18. Contents of bylaws. The bylaws shall provide for | 20 | | at least
the following:
| 21 | | (a) (1) The election from among the unit owners of a board | 22 | | of managers,
the number of persons constituting such board, | 23 | | and that the terms of at
least one-third of the members of | 24 | | the board shall expire annually and that
all members of the | 25 | | board shall be elected at large.
If there are multiple |
| | | SB3040 Engrossed | - 18 - | LRB098 17495 HEP 52602 b |
|
| 1 | | owners of a single unit, only one of the multiple
owners | 2 | | shall be eligible to serve as a member of the board at any | 3 | | one time.
| 4 | | (2) the powers and duties of the board;
| 5 | | (3) the compensation, if any, of the members of the | 6 | | board;
| 7 | | (4) the method of removal from office of members of the | 8 | | board;
| 9 | | (5) that the board may engage the services of a manager | 10 | | or managing agent;
| 11 | | (6) that each unit owner shall receive, at least 30 | 12 | | days prior to the
adoption thereof by the board of | 13 | | managers, a copy of the proposed annual
budget together | 14 | | with an indication of which portions are intended for
| 15 | | reserves, capital expenditures or repairs or payment of | 16 | | real estate taxes;
| 17 | | (7) that the board of managers shall annually supply to
| 18 | | all unit owners an itemized accounting of the common | 19 | | expenses
for the preceding year actually incurred or paid, | 20 | | together
with an indication of which portions were for | 21 | | reserves, capital
expenditures or repairs or payment of | 22 | | real estate taxes and
with a tabulation of the amounts | 23 | | collected pursuant to the
budget or assessment, and showing | 24 | | the net excess or
deficit of income over expenditures plus | 25 | | reserves;
| 26 | | (8) (i) that each unit owner shall receive notice, in |
| | | SB3040 Engrossed | - 19 - | LRB098 17495 HEP 52602 b |
|
| 1 | | the same manner
as is provided in this Act for membership | 2 | | meetings, of any meeting of the
board of managers | 3 | | concerning the adoption of the proposed annual budget and
| 4 | | regular assessments pursuant thereto or to adopt a separate | 5 | | (special)
assessment, (ii) that except as provided in | 6 | | subsection (iv) below, if an
adopted
budget or any separate | 7 | | assessment adopted by the board would result in the
sum of | 8 | | all regular and separate assessments payable in the current | 9 | | fiscal year
exceeding 115% of the sum of all regular and | 10 | | separate
assessments payable during the
preceding fiscal | 11 | | year, the
board of managers, upon written petition by unit | 12 | | owners with 20 percent of
the votes of the association | 13 | | delivered to the board within 14
days of the board action,
| 14 | | shall call a meeting of the unit owners within 30 days of | 15 | | the date of
delivery of the petition to consider the budget | 16 | | or separate
assessment; unless a
majority of
the total | 17 | | votes of the unit owners are cast at the meeting to reject | 18 | | the
budget or separate assessment,
it is ratified, (iii) | 19 | | that any common expense not set forth in the budget or
any | 20 | | increase in assessments over the amount adopted in the | 21 | | budget shall be
separately assessed against all unit | 22 | | owners, (iv) that separate assessments for
expenditures | 23 | | relating to emergencies or mandated by law may be adopted | 24 | | by the
board of managers without being subject to unit | 25 | | owner approval or the
provisions of item (ii) above or item | 26 | | (v) below. As used
herein, "emergency" means an immediate |
| | | SB3040 Engrossed | - 20 - | LRB098 17495 HEP 52602 b |
|
| 1 | | danger to the structural integrity of
the
common elements | 2 | | or to the life, health, safety or property of the unit | 3 | | owners,
(v) that assessments
for additions and alterations | 4 | | to the common elements or to association-owned
property not | 5 | | included in the adopted annual budget, shall be separately
| 6 | | assessed and are subject to approval of two-thirds of the | 7 | | total votes of all
unit owners, (vi) that the board of | 8 | | managers may adopt separate assessments
payable over more | 9 | | than one fiscal year. With respect to multi-year | 10 | | assessments
not governed by items (iv) and (v), the entire | 11 | | amount of the multi-year
assessment shall be deemed | 12 | | considered and authorized in the first fiscal year
in which | 13 | | the assessment is approved;
| 14 | | (9) that meetings of the board of managers shall be | 15 | | open to any unit
owner, except for the portion of any | 16 | | meeting held (i) to discuss litigation
when an action | 17 | | against or on behalf of the particular association has been
| 18 | | filed and is pending in a court or administrative tribunal,
| 19 | | or when the board of managers finds that such an action is | 20 | | probable
or imminent, (ii) to consider information | 21 | | regarding appointment, employment
or dismissal of an | 22 | | employee, or (iii) to discuss violations of rules and
| 23 | | regulations of the association or a unit owner's unpaid | 24 | | share of common
expenses; that any vote on these matters | 25 | | shall be taken at a meeting or
portion thereof open to any | 26 | | unit owner; that any unit owner may record the
proceedings |
| | | SB3040 Engrossed | - 21 - | LRB098 17495 HEP 52602 b |
|
| 1 | | at meetings or portions thereof required to be open by this
| 2 | | Act by tape, film or other means; that the board may | 3 | | prescribe reasonable
rules and regulations to govern the | 4 | | right to make such recordings, that
notice of such meetings | 5 | | shall be mailed or delivered at least 48 hours
prior | 6 | | thereto, unless a written waiver of such notice is signed | 7 | | by the
person or persons entitled to such notice pursuant | 8 | | to the declaration,
bylaws, other condominium instrument, | 9 | | or provision of law other than this
subsection before the | 10 | | meeting is convened, and that copies of notices of
meetings | 11 | | of the board of managers shall be posted in entranceways,
| 12 | | elevators, or other conspicuous places in the condominium | 13 | | at least 48 hours
prior to the meeting of the board of | 14 | | managers except where there is no
common entranceway for 7 | 15 | | or more units, the board of managers may designate
one or | 16 | | more locations in the proximity of these units where the | 17 | | notices of
meetings shall be posted;
| 18 | | (10) that the board shall meet at least 4 times | 19 | | annually;
| 20 | | (11) that no member of the board or officer shall be | 21 | | elected for a term
of more than 2 years, but that officers | 22 | | and board members may succeed
themselves;
| 23 | | (12) the designation of an officer to mail and receive | 24 | | all notices and
execute amendments to condominium | 25 | | instruments as provided for in this Act
and in the | 26 | | condominium instruments;
|
| | | SB3040 Engrossed | - 22 - | LRB098 17495 HEP 52602 b |
|
| 1 | | (13) the method of filling vacancies on the board
which | 2 | | shall include authority for the remaining members of the | 3 | | board to
fill the vacancy by two-thirds vote until the next | 4 | | annual meeting of unit
owners or for a period terminating | 5 | | no later than 30 days following the
filing of a petition | 6 | | signed by unit owners holding 20% of the votes of the
| 7 | | association requesting a meeting of the unit owners to fill | 8 | | the vacancy for
the balance of the term, and that a meeting | 9 | | of the unit owners shall be
called for purposes of filling | 10 | | a vacancy on the board no later than 30 days
following the | 11 | | filing of a petition signed by unit owners holding 20% of | 12 | | the
votes of the association requesting such a meeting, and | 13 | | the method of filling
vacancies among the officers that | 14 | | shall include the authority for the members
of the board to | 15 | | fill the vacancy for the unexpired portion of the term;
| 16 | | (14) what percentage of the board of managers, if other | 17 | | than a majority,
shall constitute a quorum;
| 18 | | (15) provisions concerning notice of board meetings to | 19 | | members of the
board;
| 20 | | (16) the board of managers may not enter into a | 21 | | contract with a
current board member
or with a corporation | 22 | | or partnership in which a board
member or a member of the | 23 | | board member's immediate family has 25% or
more interest, | 24 | | unless notice of intent to enter the
contract is given to | 25 | | unit owners within 20 days after a decision is made
to | 26 | | enter into the contract and the unit owners are
afforded an |
| | | SB3040 Engrossed | - 23 - | LRB098 17495 HEP 52602 b |
|
| 1 | | opportunity by filing a petition, signed by 20% of the unit
| 2 | | owners, for an election to approve or disapprove the | 3 | | contract;
such petition shall be filed within 20 days after | 4 | | such notice and such
election shall be held within 30 days | 5 | | after filing the petition; for purposes
of this subsection, | 6 | | a board member's immediate family means the board member's
| 7 | | spouse, parents, and children;
| 8 | | (17) that the board of managers may disseminate
to unit | 9 | | owners biographical and background information about | 10 | | candidates for
election to the board if (i) reasonable | 11 | | efforts to identify all candidates are
made and all | 12 | | candidates are given an opportunity to include | 13 | | biographical and
background information in the information | 14 | | to be disseminated; and (ii) the
board does not express a | 15 | | preference in favor of any candidate;
| 16 | | (18) any proxy distributed for board elections
by the | 17 | | board of managers gives unit owners the
opportunity to | 18 | | designate any person as the proxy holder, and gives the | 19 | | unit
owner the opportunity to express a preference for any | 20 | | of the known
candidates for the board or to write in a | 21 | | name;
| 22 | | (19) that special meetings of the board of managers can | 23 | | be called by
the president or 25% of the members of the | 24 | | board; and
| 25 | | (20) that the board of managers may establish
and | 26 | | maintain a system of master metering of public utility |
| | | SB3040 Engrossed | - 24 - | LRB098 17495 HEP 52602 b |
|
| 1 | | services and
collect payments in connection therewith, | 2 | | subject to the requirements of the
Tenant Utility Payment | 3 | | Disclosure Act.
| 4 | | (b) (1) What percentage of the unit owners, if other than | 5 | | 20%, shall
constitute a quorum provided that, for | 6 | | condominiums with 20 or more units,
the percentage of unit | 7 | | owners constituting a quorum shall be 20% unless the
unit | 8 | | owners holding a majority of the percentage interest in the
| 9 | | association provide for a higher percentage, provided that | 10 | | in voting on amendments to the association's bylaws, a unit | 11 | | owner who is in arrears on the unit owner's regular or | 12 | | separate assessments for 60 days or more, shall not be | 13 | | counted for purposes of determining if a quorum is present, | 14 | | but that unit owner retains the right to vote on amendments | 15 | | to the association's bylaws;
| 16 | | (2) that the association shall have one class of | 17 | | membership;
| 18 | | (3) that the members shall hold an annual meeting, one | 19 | | of the purposes
of which shall be to elect members of the | 20 | | board of managers;
| 21 | | (4) the method of calling meetings of the unit owners;
| 22 | | (5) that special meetings of the members can be called | 23 | | by the president,
board of managers, or by 20% of unit | 24 | | owners;
| 25 | | (6) that written notice of any membership meeting shall | 26 | | be mailed
or delivered giving members no less than 10 and |
| | | SB3040 Engrossed | - 25 - | LRB098 17495 HEP 52602 b |
|
| 1 | | no more than 30 days
notice of the time, place and purpose | 2 | | of such meeting except that notice may be sent, to the | 3 | | extent the condominium instruments or rules adopted | 4 | | thereunder expressly so provide, by electronic | 5 | | transmission consented to by the unit owner to whom the | 6 | | notice is given, provided the director and officer or his | 7 | | agent certifies in writing to the delivery by electronic | 8 | | transmission ;
| 9 | | (7) that voting shall be on a percentage basis, and | 10 | | that the percentage
vote to which each unit is entitled is | 11 | | the percentage interest of the
undivided ownership of the | 12 | | common elements appurtenant thereto, provided
that the | 13 | | bylaws may provide for approval by unit owners in | 14 | | connection with
matters where the requisite approval on a | 15 | | percentage basis is not specified
in this Act, on the basis | 16 | | of one vote per unit;
| 17 | | (8) that, where there is more than one owner of a unit, | 18 | | if only one
of the multiple owners is present at a meeting | 19 | | of the association, he is
entitled to cast all the votes | 20 | | allocated to that unit, if more than one of
the multiple | 21 | | owners are present, the votes allocated to that unit may be
| 22 | | cast only in accordance with the agreement of a majority in | 23 | | interest of the
multiple owners, unless the declaration | 24 | | expressly provides otherwise, that
there is majority | 25 | | agreement if any one of the multiple owners cast the
votes | 26 | | allocated to that unit without protest being made promptly |
| | | SB3040 Engrossed | - 26 - | LRB098 17495 HEP 52602 b |
|
| 1 | | to the
person presiding over the meeting by any of the | 2 | | other owners of the unit;
| 3 | | (9)(A) that unless the Articles of Incorporation or the | 4 | | bylaws
otherwise
provide, and except as provided in | 5 | | subparagraph (B) of this paragraph (9) in
connection with | 6 | | board elections, that
a unit owner may vote by proxy | 7 | | executed in writing by the unit
owner or by his duly | 8 | | authorized attorney in fact; that the proxy must bear the | 9 | | date of
execution
and, unless the condominium instruments | 10 | | or the written proxy itself provide
otherwise, is
invalid | 11 | | after 11 months from the date of its execution ; to the | 12 | | extent the condominium instruments or rules adopted | 13 | | thereunder expressly so provide, a vote or proxy may be | 14 | | submitted by electronic transmission, provided that any | 15 | | such electronic transmission shall either set forth or be | 16 | | submitted with information from which it can be determined | 17 | | that the electronic transmission was authorized by the unit | 18 | | owner or the unit owner's proxy ;
| 19 | | (B) that if a rule adopted at least 120 days before a | 20 | | board election
or the
declaration or bylaws provide for | 21 | | balloting as set forth in this subsection,
unit
owners may | 22 | | not vote by proxy in board elections, but may vote only (i) | 23 | | by
submitting an association-issued ballot in person at the | 24 | | election meeting or
(ii) by
submitting an | 25 | | association-issued ballot to the association or its | 26 | | designated
agent
by mail or other means of delivery |
| | | SB3040 Engrossed | - 27 - | LRB098 17495 HEP 52602 b |
|
| 1 | | specified in the declaration, bylaws, or
rule; that
the | 2 | | ballots shall be mailed or otherwise distributed to unit | 3 | | owners not less
than 10
and not more than 30 days before | 4 | | the election meeting, and the board shall give
unit owners | 5 | | not less than 21 days' prior written notice of the deadline | 6 | | for
inclusion of a candidate's name on the ballots; that | 7 | | the deadline shall be no
more
than 7 days before the | 8 | | ballots are mailed or otherwise distributed to unit
owners; | 9 | | that
every such ballot must include the names of all | 10 | | candidates who have given the
board or its authorized agent | 11 | | timely written notice of their candidacy and must
give the | 12 | | person casting the ballot the opportunity to cast votes for | 13 | | candidates
whose names do not appear on the ballot; that a | 14 | | ballot received by the
association
or
its designated agent | 15 | | after the close of voting shall not be counted; that a
unit
| 16 | | owner
who submits a ballot by mail or other means of | 17 | | delivery specified in the
declaration, bylaws, or rule may | 18 | | request and cast a ballot in person at the
election
| 19 | | meeting, and thereby void any ballot previously submitted | 20 | | by that unit owner; | 21 | | (B-5) that if a rule adopted at least 120 days before a | 22 | | board election or the declaration or bylaws provide for | 23 | | balloting as set forth in this subparagraph, unit owners | 24 | | may not vote by proxy in board elections, but may vote only | 25 | | (i) by submitting an association-issued ballot in person at | 26 | | the election meeting; or (ii) by any acceptable |
| | | SB3040 Engrossed | - 28 - | LRB098 17495 HEP 52602 b |
|
| 1 | | technological means as defined in Section 2 of this Act; | 2 | | instructions regarding the use of electronic means for | 3 | | voting shall be distributed to all unit owners not less | 4 | | than 10 and not more than 30 days before the election | 5 | | meeting, and the board shall give unit owners not less than | 6 | | 21 days' prior written notice of the deadline for inclusion | 7 | | of a candidate's name on the ballots; the deadline shall be | 8 | | no more than 7 days before the instructions for voting | 9 | | using electronic or acceptable technological means is | 10 | | distributed to unit owners; every instruction notice must | 11 | | include the names of all candidates who have given the | 12 | | board or its authorized agent timely written notice of | 13 | | their candidacy and must give the person voting through | 14 | | electronic or acceptable technological means the | 15 | | opportunity to cast votes for candidates whose names do not | 16 | | appear on the ballot; a unit owner who submits a vote using | 17 | | electronic or acceptable technological means may request | 18 | | and cast a ballot in person at the election meeting, | 19 | | thereby voiding any vote previously submitted by that unit | 20 | | owner;
| 21 | | (C) that if a written petition by unit owners with at | 22 | | least 20% of the
votes of
the association is delivered to | 23 | | the board within 14 days after the board's
approval
of a | 24 | | rule adopted pursuant to subparagraph (B) or subparagraph | 25 | | (B-5) of this paragraph (9), the board
shall call a meeting | 26 | | of the unit owners within 30 days after the date of
|
| | | SB3040 Engrossed | - 29 - | LRB098 17495 HEP 52602 b |
|
| 1 | | delivery of
the petition; that unless a majority of the | 2 | | total votes of the unit owners are
cast
at the
meeting to | 3 | | reject the rule, the rule is ratified;
| 4 | | (D) that votes cast by ballot under subparagraph (B) or | 5 | | electronic or acceptable technological means under | 6 | | subparagraph (B-5) of this paragraph (9) are valid for the | 7 | | purpose of establishing a quorum;
| 8 | | (10) that the association may, upon adoption of the | 9 | | appropriate rules by
the board of managers, conduct | 10 | | elections by secret ballot whereby the voting
ballot is | 11 | | marked only with the percentage interest for the unit and | 12 | | the vote
itself, provided that the board further adopt | 13 | | rules to verify the status of the
unit owner issuing a | 14 | | proxy or casting a ballot; and further, that a candidate
| 15 | | for election to the board of managers or such
candidate's | 16 | | representative shall have the right to be present at the
| 17 | | counting of ballots at such election;
| 18 | | (11) that in the event of a resale of a condominium | 19 | | unit the purchaser
of a unit from a seller other than the | 20 | | developer pursuant to an installment
contract for purchase | 21 | | shall during such times as he or she resides in the
unit be | 22 | | counted toward a quorum for purposes of election of members | 23 | | of the
board of managers at any meeting of the unit owners | 24 | | called for purposes of
electing members of the board, shall | 25 | | have the right to vote for the
election of members of the | 26 | | board of managers and to be elected to and serve
on the |
| | | SB3040 Engrossed | - 30 - | LRB098 17495 HEP 52602 b |
|
| 1 | | board of managers unless the seller expressly retains in | 2 | | writing any
or all of such rights. In no event may the | 3 | | seller and purchaser both be
counted toward a quorum, be | 4 | | permitted to vote for a particular office or be
elected and | 5 | | serve on the board. Satisfactory evidence of the | 6 | | installment
contact shall be made available to the | 7 | | association or its agents. For
purposes of this subsection, | 8 | | "installment contact" shall have the same
meaning as set | 9 | | forth in Section 1 (e) of "An Act relating to installment
| 10 | | contracts to sell dwelling structures", approved August | 11 | | 11, 1967, as amended;
| 12 | | (12) the method by which matters subject to the | 13 | | approval of unit owners
set forth in this Act, or in the | 14 | | condominium instruments, will be
submitted to the unit | 15 | | owners at special membership meetings called for such
| 16 | | purposes; and
| 17 | | (13) that matters subject to the affirmative vote of | 18 | | not less than 2/3
of the votes of unit owners at a meeting | 19 | | duly called for that purpose,
shall include, but not be | 20 | | limited to:
| 21 | | (i) merger or consolidation of the association;
| 22 | | (ii) sale, lease, exchange, or other disposition | 23 | | (excluding the mortgage
or pledge) of all, or | 24 | | substantially all of the property and assets of the
| 25 | | association; and
| 26 | | (iii) the purchase or sale of land or of units on |
| | | SB3040 Engrossed | - 31 - | LRB098 17495 HEP 52602 b |
|
| 1 | | behalf of all unit owners.
| 2 | | (c) Election of a president from among the board of | 3 | | managers, who shall
preside over the meetings of the board of | 4 | | managers and of the unit owners.
| 5 | | (d) Election of a secretary from among the board of | 6 | | managers, who shall
keep the minutes of all meetings
of the | 7 | | board of managers and of the unit owners and who shall, in | 8 | | general,
perform all the duties incident to the office of | 9 | | secretary.
| 10 | | (e) Election of a treasurer from among the board of | 11 | | managers, who shall
keep the financial records and
books of | 12 | | account.
| 13 | | (f) Maintenance, repair and replacement of the common | 14 | | elements and
payments therefor, including the method of | 15 | | approving payment vouchers.
| 16 | | (g) An association with 30 or more units shall obtain and | 17 | | maintain
fidelity insurance covering persons who control or | 18 | | disburse funds of the
association for the maximum amount of | 19 | | coverage available to protect funds
in the custody or control | 20 | | of the association plus the association reserve
fund. All | 21 | | management companies which are responsible for the funds held | 22 | | or
administered by the association shall maintain and furnish | 23 | | to the
association a fidelity bond for the maximum amount of | 24 | | coverage available to
protect funds in the custody of the | 25 | | management company at any time. The
association shall bear the | 26 | | cost of the fidelity insurance and fidelity
bond, unless |
| | | SB3040 Engrossed | - 32 - | LRB098 17495 HEP 52602 b |
|
| 1 | | otherwise provided by contract between the association and a
| 2 | | management company. The association shall be the direct obligee | 3 | | of any
such fidelity bond. A management company holding reserve | 4 | | funds of an
association shall at all times maintain a separate | 5 | | account for each
association, provided, however, that for | 6 | | investment purposes, the Board of
Managers of an association | 7 | | may authorize a management company to maintain
the | 8 | | association's reserve funds in a single interest bearing | 9 | | account with
similar funds of other associations. The | 10 | | management company shall at all
times maintain records | 11 | | identifying all moneys of each association in such
investment | 12 | | account. The management company may hold all operating funds of
| 13 | | associations which it manages in a single operating account but | 14 | | shall at
all times maintain records identifying all moneys of | 15 | | each association in
such operating account. Such operating and | 16 | | reserve funds held by the
management company for the | 17 | | association shall not be subject to attachment
by any creditor | 18 | | of the management company.
| 19 | | For the purpose of this subsection a management company | 20 | | shall be
defined as a person, partnership, corporation, or | 21 | | other legal entity
entitled to transact business on behalf of | 22 | | others, acting on behalf of or
as an agent for a unit owner, | 23 | | unit owners or association of unit owners for
the purpose of | 24 | | carrying out the duties, responsibilities, and other
| 25 | | obligations necessary for the day to day operation and | 26 | | management of any
property subject to this Act. For purposes of |
| | | SB3040 Engrossed | - 33 - | LRB098 17495 HEP 52602 b |
|
| 1 | | this subsection, the term
"fiduciary insurance coverage" shall | 2 | | be defined as both a fidelity bond and
directors and officers | 3 | | liability coverage, the fidelity bond in the full
amount of | 4 | | association funds and association reserves that will be in the
| 5 | | custody of the association, and the directors and officers | 6 | | liability
coverage at a level as shall be determined to be | 7 | | reasonable by the board of
managers, if not otherwise | 8 | | established by the declaration or by laws.
| 9 | | Until one year after the effective date of this amendatory | 10 | | Act of 1985,
if a condominium association has reserves plus | 11 | | assessments in excess of
$250,000 and cannot reasonably obtain | 12 | | 100% fidelity bond coverage for such
amount, then it must | 13 | | obtain a fidelity bond coverage of $250,000.
| 14 | | (h) Method of estimating the amount of the annual budget, | 15 | | and the manner
of assessing and collecting from the unit owners | 16 | | their respective shares of
such estimated expenses, and of any | 17 | | other expenses lawfully agreed upon.
| 18 | | (i) That upon 10 days notice to the manager or board of | 19 | | managers and
payment of a reasonable fee, any unit owner shall | 20 | | be furnished a statement
of his account setting forth the | 21 | | amount of any unpaid assessments or other
charges due and owing | 22 | | from such owner.
| 23 | | (j) Designation and removal of personnel necessary for the | 24 | | maintenance,
repair and replacement of the common elements.
| 25 | | (k) Such restrictions on and requirements respecting the | 26 | | use and
maintenance of the units and the use of the common |
| | | SB3040 Engrossed | - 34 - | LRB098 17495 HEP 52602 b |
|
| 1 | | elements, not set forth
in the declaration, as are designed to | 2 | | prevent unreasonable interference
with the use of their | 3 | | respective units and of the common elements by the
several unit | 4 | | owners.
| 5 | | (l) Method of adopting and of amending administrative rules | 6 | | and
regulations governing the operation and use of the common | 7 | | elements.
| 8 | | (m) The percentage of votes required to modify or amend the | 9 | | bylaws, but
each one of the particulars set forth in this | 10 | | section shall always be
embodied in the bylaws.
| 11 | | (n) (i) The provisions of this Act, the declaration, | 12 | | bylaws, other
condominium instruments, and rules and | 13 | | regulations that relate to the use
of the individual unit or | 14 | | the common elements shall be applicable to
any person leasing a | 15 | | unit and shall be deemed to be incorporated in any
lease | 16 | | executed or renewed on or after the effective date of this | 17 | | amendatory
Act of 1984. (ii) With regard to any lease entered | 18 | | into subsequent to the
effective date of this amendatory Act of | 19 | | 1989, the unit owner leasing the
unit shall deliver a copy of | 20 | | the signed lease to the board or if the
lease is oral, a | 21 | | memorandum of the lease, not later than the date of
occupancy | 22 | | or 10 days after the lease is signed, whichever occurs first. | 23 | | In
addition to any other remedies, by filing an action jointly | 24 | | against the
tenant and the unit owner, an association may seek | 25 | | to enjoin a tenant from
occupying a unit or seek to evict a | 26 | | tenant under the provisions of Article
IX of the Code of Civil |
| | | SB3040 Engrossed | - 35 - | LRB098 17495 HEP 52602 b |
|
| 1 | | Procedure for failure of the lessor-owner to
comply with the | 2 | | leasing requirements prescribed by
this Section or by the | 3 | | declaration, bylaws, and
rules and regulations. The board of | 4 | | managers may proceed directly against a
tenant, at law or in | 5 | | equity, or under the provisions of Article IX of the
Code of | 6 | | Civil Procedure, for any other breach by tenant of any
| 7 | | covenants, rules, regulations or bylaws.
| 8 | | (o) The association shall have no authority to forbear the | 9 | | payment
of assessments by any unit owner.
| 10 | | (p) That when 30% or fewer of the units, by number,
possess | 11 | | over 50% in the aggregate of the votes in the association,
any | 12 | | percentage vote of members specified herein or in the | 13 | | condominium
instruments shall require the specified percentage | 14 | | by number of units
rather than by percentage of interest in the | 15 | | common elements allocated
to units that would otherwise be | 16 | | applicable and garage units or storage units, or both, shall | 17 | | have, in total, no more votes than their aggregate percentage | 18 | | of ownership in the common elements; this shall mean that if | 19 | | garage units or storage units, or both, are to be given a vote, | 20 | | or portion of a vote, that the association must add the total | 21 | | number of votes cast of garage units, storage units, or both, | 22 | | and divide the total by the number of garage units, storage | 23 | | units, or both, and multiply by the aggregate percentage of | 24 | | ownership of garage units and storage units to determine the | 25 | | vote, or portion of a vote, that garage units or storage units, | 26 | | or both, have. For purposes of this subsection (p), when making |
| | | SB3040 Engrossed | - 36 - | LRB098 17495 HEP 52602 b |
|
| 1 | | a determination of whether 30% or fewer of the units, by | 2 | | number, possess over 50% in the aggregate of the votes in the | 3 | | association, a unit shall not include a garage unit or a | 4 | | storage unit.
| 5 | | (q) That a unit owner may not assign, delegate, transfer, | 6 | | surrender, or
avoid the duties, responsibilities, and | 7 | | liabilities of a unit owner under this
Act, the condominium | 8 | | instruments, or the rules and regulations of the
Association; | 9 | | and that such an attempted assignment, delegation, transfer,
| 10 | | surrender, or avoidance shall be deemed void.
| 11 | | The provisions of this Section are applicable to all | 12 | | condominium
instruments recorded under this Act. Any portion of | 13 | | a condominium
instrument which contains provisions contrary to | 14 | | these provisions shall be
void as against public policy and | 15 | | ineffective. Any such instrument which
fails to contain the | 16 | | provisions required by this Section shall be deemed to
| 17 | | incorporate such provisions by operation of law.
| 18 | | (Source: P.A. 95-624, eff. 6-1-08; 96-55, eff. 1-1-10; 96-977, | 19 | | eff. 7-2-10.)
| 20 | | (765 ILCS 605/18.8 new) | 21 | | Sec. 18.8. Use of technology. | 22 | | (a) Any notice required to be sent or received or | 23 | | signature, vote, consent, or approval required to be obtained | 24 | | under any condominium instrument or any provision of this Act | 25 | | may be accomplished using the most advanced technology |
| | | SB3040 Engrossed | - 37 - | LRB098 17495 HEP 52602 b |
|
| 1 | | available at that time. This Section shall govern the use of | 2 | | technology in implementing the provisions of any condominium | 3 | | instrument or any provision of this Act concerning notices, | 4 | | signatures, votes, consents, or approvals. | 5 | | (b) The association, unit owners, and other persons | 6 | | entitled to occupy a unit may perform any obligation or | 7 | | exercise any right under any condominium instrument or any | 8 | | provision of this Act by use of any technological means that | 9 | | provides sufficient security, reliability, identification, and | 10 | | verifiability. | 11 | | (c) A verifiable electronic signature satisfies any | 12 | | requirement for a signature under any condominium instrument or | 13 | | any provision of this Act. | 14 | | (d) Voting on, consent to, and approval of any matter under | 15 | | any condominium instrument or any provision of this Act may be | 16 | | accomplished by electronic transmission or other equivalent | 17 | | technological means, provided that a record is created as | 18 | | evidence thereof and maintained as long as the record would be | 19 | | required to be maintained in nonelectronic form. | 20 | | (e) Subject to other provisions of law, no action required | 21 | | or permitted by any condominium instrument or any provision of | 22 | | this Act need be acknowledged before a notary public if the | 23 | | identity and signature of the person can otherwise be | 24 | | authenticated to the satisfaction of the board of directors or | 25 | | board of managers. | 26 | | (f) If any person does not have the capability or desire to |
| | | SB3040 Engrossed | - 38 - | LRB098 17495 HEP 52602 b |
|
| 1 | | conduct business using electronic transmission or other | 2 | | equivalent technological means, the association shall make | 3 | | reasonable accommodation, at its expense, for the person to | 4 | | conduct business with the association without the use of | 5 | | electronic or other means. | 6 | | (g) This Section does not apply to any notices required | 7 | | under Article IX of the Code of Civil Procedure related to: (i) | 8 | | an action by the association to collect a common expense; or | 9 | | (ii) foreclosure proceedings in enforcement of any lien rights | 10 | | under this Act.
|
|