Full Text of HB2640 99th General Assembly
HB2640 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2640 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
|
765 ILCS 605/18 | from Ch. 30, par. 318 |
|
Amends the Condominium Property Act. Makes changes in provisions governing: portions of board of managers' meetings which may be closed to the unit owners; participation by board members in meetings via acceptable technological means; and notice requirements for board of managers meetings.
|
| |
| | A BILL FOR |
|
| | | HB2640 | | LRB099 07615 HEP 27746 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 Condominium Property Act is amended by | 5 | | changing Section 18 as follows:
| 6 | | (765 ILCS 605/18) (from Ch. 30, par. 318)
| 7 | | Sec. 18. Contents of bylaws. The bylaws shall provide for | 8 | | at least
the following:
| 9 | | (a)(1) The election from among the unit owners of a board | 10 | | of managers,
the number of persons constituting such board, and | 11 | | that the terms of at
least one-third of the members of the | 12 | | board shall expire annually and that
all members of the board | 13 | | shall be elected at large.
If there are multiple owners of a | 14 | | single unit, only one of the multiple
owners shall be eligible | 15 | | to serve as a member of the board at any one time.
| 16 | | (2) the powers and duties of the board;
| 17 | | (3) the compensation, if any, of the members of the board;
| 18 | | (4) the method of removal from office of members of the | 19 | | board;
| 20 | | (5) that the board may engage the services of a manager or | 21 | | managing agent;
| 22 | | (6) that each unit owner shall receive, at least 30 days | 23 | | prior to the
adoption thereof by the board of managers, a copy |
| | | HB2640 | - 2 - | LRB099 07615 HEP 27746 b |
|
| 1 | | of the proposed annual
budget together with an indication of | 2 | | which portions are intended for
reserves, capital expenditures | 3 | | or repairs or payment of real estate taxes;
| 4 | | (7) that the board of managers shall annually supply to
all | 5 | | unit owners an itemized accounting of the common expenses
for | 6 | | the preceding year actually incurred or paid, together
with an | 7 | | indication of which portions were for reserves, capital
| 8 | | expenditures or repairs or payment of real estate taxes and
| 9 | | with a tabulation of the amounts collected pursuant to the
| 10 | | budget or assessment, and showing the net excess or
deficit of | 11 | | income over expenditures plus reserves;
| 12 | | (8)(i) that each unit owner shall receive notice, in the | 13 | | same manner
as is provided in this Act for membership meetings, | 14 | | of any meeting of the
board of managers concerning the adoption | 15 | | of the proposed annual budget and
regular assessments pursuant | 16 | | thereto or to adopt a separate (special)
assessment, (ii) that | 17 | | except as provided in subsection (iv) below, if an
adopted
| 18 | | budget or any separate assessment adopted by the board would | 19 | | result in the
sum of all regular and separate assessments | 20 | | payable in the current fiscal year
exceeding 115% of the sum of | 21 | | all regular and separate
assessments payable during the
| 22 | | preceding fiscal year, the
board of managers, upon written | 23 | | petition by unit owners with 20 percent of
the votes of the | 24 | | association delivered to the board within 14
days of the board | 25 | | action,
shall call a meeting of the unit owners within 30 days | 26 | | of the date of
delivery of the petition to consider the budget |
| | | HB2640 | - 3 - | LRB099 07615 HEP 27746 b |
|
| 1 | | or separate
assessment; unless a
majority of
the total votes of | 2 | | the unit owners are cast at the meeting to reject the
budget or | 3 | | separate assessment,
it is ratified, (iii) that any common | 4 | | expense not set forth in the budget or
any increase in | 5 | | assessments over the amount adopted in the budget shall be
| 6 | | separately assessed against all unit owners, (iv) that separate | 7 | | assessments for
expenditures relating to emergencies or | 8 | | mandated by law may be adopted by the
board of managers without | 9 | | being subject to unit owner approval or the
provisions of item | 10 | | (ii) above or item (v) below. As used
herein, "emergency" means | 11 | | an immediate danger to the structural integrity of
the
common | 12 | | elements or to the life, health, safety or property of the unit | 13 | | owners,
(v) that assessments
for additions and alterations to | 14 | | the common elements or to association-owned
property not | 15 | | included in the adopted annual budget, shall be separately
| 16 | | assessed and are subject to approval of two-thirds of the total | 17 | | votes of all
unit owners, (vi) that the board of managers may | 18 | | adopt separate assessments
payable over more than one fiscal | 19 | | year. With respect to multi-year assessments
not governed by | 20 | | items (iv) and (v), the entire amount of the multi-year
| 21 | | assessment shall be deemed considered and authorized in the | 22 | | first fiscal year
in which the assessment is approved;
| 23 | | (9) (A) that every meeting meetings of the board of managers | 24 | | shall be open to any unit
owner, except for the portion of any | 25 | | meeting held (i) to discuss or consider information relating | 26 | | to: (i) litigation
when an action against or on behalf of the |
| | | HB2640 | - 4 - | LRB099 07615 HEP 27746 b |
|
| 1 | | particular association has been
filed and is pending in a court | 2 | | or administrative tribunal,
or when the board of managers finds | 3 | | that such an action is probable
or imminent, (ii) to consider | 4 | | information regarding appointment, employment
or dismissal of | 5 | | an employee, or (iii) to discuss violations of rules and
| 6 | | regulations of the association , or (iv) a unit owner's unpaid | 7 | | share of common
expenses; that any vote on these matters | 8 | | discussed or considered in closed session shall take place be | 9 | | taken at a meeting of the board of managers or
portion thereof | 10 | | open to any unit owner; | 11 | | (B) that board members may participate in and act at any | 12 | | meeting of the board of managers in person, by telephonic | 13 | | means, or by use of any acceptable technological means whereby | 14 | | all persons participating in the meeting can communicate with | 15 | | each other; that participation constitutes attendance and | 16 | | presence in person at the meeting; | 17 | | (C) that any unit owner may record the
proceedings at | 18 | | meetings of the board of managers or portions thereof required | 19 | | to be open by this
Act by tape, film or other means , and ; that | 20 | | the board may prescribe reasonable
rules and regulations to | 21 | | govern the right to make such recordings ; , | 22 | | (D) that
notice of every meeting of the board of managers | 23 | | such meetings shall be given to every board member mailed or | 24 | | delivered at least 48 hours
prior thereto, unless the board | 25 | | member waives notice of the meeting pursuant to subsection (a) | 26 | | of Section 18.8; a written waiver of such notice is signed by |
| | | HB2640 | - 5 - | LRB099 07615 HEP 27746 b |
|
| 1 | | the
person or persons entitled to such notice pursuant to the | 2 | | declaration,
bylaws, other condominium instrument, or | 3 | | provision of law other than this
subsection before the meeting | 4 | | is convened, and | 5 | | (E) that notice copies of notices of every meeting
meetings | 6 | | of the board of managers shall be posted in entranceways,
| 7 | | elevators, or other conspicuous places in the condominium at | 8 | | least 48 hours
prior to the meeting of the board of managers | 9 | | except where there is no
common entranceway for 7 or more | 10 | | units, the board of managers may designate
one or more | 11 | | locations in the proximity of these units where the notices of
| 12 | | meetings shall be posted ; that notice of every meeting of the | 13 | | board of managers shall also be given at least 48 hours prior | 14 | | to the meeting, or such longer notice as this Act may | 15 | | separately require, to: (i) each unit owner who has provided | 16 | | the association with written authorization to conduct business | 17 | | by acceptable technological means, and (ii) to the extent that | 18 | | the condominium instruments of an association require, to each | 19 | | other unit owner, as required by subsection (f) of Section | 20 | | 18.8, by mail or delivery, and that no other notice of a | 21 | | meeting of the board of managers need be given to any unit | 22 | | owner ;
| 23 | | (10) that the board shall meet at least 4 times annually;
| 24 | | (11) that no member of the board or officer shall be | 25 | | elected for a term
of more than 2 years, but that officers and | 26 | | board members may succeed
themselves;
|
| | | HB2640 | - 6 - | LRB099 07615 HEP 27746 b |
|
| 1 | | (12) the designation of an officer to mail and receive all | 2 | | notices and
execute amendments to condominium instruments as | 3 | | provided for in this Act
and in the condominium instruments;
| 4 | | (13) the method of filling vacancies on the board
which | 5 | | shall include authority for the remaining members of the board | 6 | | to
fill the vacancy by two-thirds vote until the next annual | 7 | | meeting of unit
owners or for a period terminating no later | 8 | | than 30 days following the
filing of a petition signed by unit | 9 | | owners holding 20% of the votes of the
association requesting a | 10 | | meeting of the unit owners to fill the vacancy for
the balance | 11 | | of the term, and that a meeting of the unit owners shall be
| 12 | | called for purposes of filling a vacancy on the board no later | 13 | | than 30 days
following the filing of a petition signed by unit | 14 | | owners holding 20% of the
votes of the association requesting | 15 | | such a meeting, and the method of filling
vacancies among the | 16 | | officers that shall include the authority for the members
of | 17 | | the board to fill the vacancy for the unexpired portion of the | 18 | | term;
| 19 | | (14) what percentage of the board of managers, if other | 20 | | than a majority,
shall constitute a quorum;
| 21 | | (15) provisions concerning notice of board meetings to | 22 | | members of the
board;
| 23 | | (16) the board of managers may not enter into a contract | 24 | | with a
current board member
or with a corporation or | 25 | | partnership in which a board
member or a member of the board | 26 | | member's immediate family has 25% or
more interest, unless |
| | | HB2640 | - 7 - | LRB099 07615 HEP 27746 b |
|
| 1 | | notice of intent to enter the
contract is given to unit owners | 2 | | within 20 days after a decision is made
to enter into the | 3 | | contract and the unit owners are
afforded an opportunity by | 4 | | filing a petition, signed by 20% of the unit
owners, for an | 5 | | election to approve or disapprove the contract;
such petition | 6 | | shall be filed within 20 days after such notice and such
| 7 | | election shall be held within 30 days after filing the | 8 | | petition; for purposes
of this subsection, a board member's | 9 | | immediate family means the board member's
spouse, parents, and | 10 | | children;
| 11 | | (17) that the board of managers may disseminate
to unit | 12 | | owners biographical and background information about | 13 | | candidates for
election to the board if (i) reasonable efforts | 14 | | to identify all candidates are
made and all candidates are | 15 | | given an opportunity to include biographical and
background | 16 | | information in the information to be disseminated; and (ii) the
| 17 | | board does not express a preference in favor of any candidate;
| 18 | | (18) any proxy distributed for board elections
by the board | 19 | | of managers gives unit owners the
opportunity to designate any | 20 | | person as the proxy holder, and gives the unit
owner the | 21 | | opportunity to express a preference for any of the known
| 22 | | candidates for the board or to write in a name;
| 23 | | (19) that special meetings of the board of managers can be | 24 | | called by
the president or 25% of the members of the board; and
| 25 | | (20) that the board of managers may establish
and maintain | 26 | | a system of master metering of public utility services and
|
| | | HB2640 | - 8 - | LRB099 07615 HEP 27746 b |
|
| 1 | | collect payments in connection therewith, subject to the | 2 | | requirements of the
Tenant Utility Payment Disclosure Act.
| 3 | | (b)(1) What percentage of the unit owners, if other than | 4 | | 20%, shall
constitute a quorum provided that, for condominiums | 5 | | with 20 or more units,
the percentage of unit owners | 6 | | constituting a quorum shall be 20% unless the
unit owners | 7 | | holding a majority of the percentage interest in the
| 8 | | association provide for a higher percentage, provided that in | 9 | | voting on amendments to the association's bylaws, a unit owner | 10 | | who is in arrears on the unit owner's regular or separate | 11 | | assessments for 60 days or more, shall not be counted for | 12 | | purposes of determining if a quorum is present, but that unit | 13 | | owner retains the right to vote on amendments to the | 14 | | association's bylaws;
| 15 | | (2) that the association shall have one class of | 16 | | membership;
| 17 | | (3) that the members shall hold an annual meeting, one of | 18 | | the purposes
of which shall be to elect members of the board of | 19 | | managers;
| 20 | | (4) the method of calling meetings of the unit owners;
| 21 | | (5) that special meetings of the members can be called by | 22 | | the president,
board of managers, or by 20% of unit owners;
| 23 | | (6) that written notice of any membership meeting shall be | 24 | | mailed
or delivered giving members no less than 10 and no more | 25 | | than 30 days
notice of the time, place and purpose of such | 26 | | meeting except that notice may be sent, to the extent the |
| | | HB2640 | - 9 - | LRB099 07615 HEP 27746 b |
|
| 1 | | condominium instruments or rules adopted thereunder expressly | 2 | | so provide, by electronic transmission consented to by the unit | 3 | | owner to whom the notice is given, provided the director and | 4 | | officer or his agent certifies in writing to the delivery by | 5 | | electronic transmission;
| 6 | | (7) that voting shall be on a percentage basis, and that | 7 | | the percentage
vote to which each unit is entitled is the | 8 | | percentage interest of the
undivided ownership of the common | 9 | | elements appurtenant thereto, provided
that the bylaws may | 10 | | provide for approval by unit owners in connection with
matters | 11 | | where the requisite approval on a percentage basis is not | 12 | | specified
in this Act, on the basis of one vote per unit;
| 13 | | (8) that, where there is more than one owner of a unit, if | 14 | | only one
of the multiple owners is present at a meeting of the | 15 | | association, he is
entitled to cast all the votes allocated to | 16 | | that unit, if more than one of
the multiple owners are present, | 17 | | the votes allocated to that unit may be
cast only in accordance | 18 | | with the agreement of a majority in interest of the
multiple | 19 | | owners, unless the declaration expressly provides otherwise, | 20 | | that
there is majority agreement if any one of the multiple | 21 | | owners cast the
votes allocated to that unit without protest | 22 | | being made promptly to the
person presiding over the meeting by | 23 | | any of the other owners of the unit;
| 24 | | (9)(A) except as provided in subparagraph (B) of this | 25 | | paragraph (9) in
connection with board elections, that
a unit | 26 | | owner may vote by proxy executed in writing by the unit
owner |
| | | HB2640 | - 10 - | LRB099 07615 HEP 27746 b |
|
| 1 | | or by his duly authorized attorney in fact; that the proxy must | 2 | | bear the date of
execution
and, unless the condominium | 3 | | instruments or the written proxy itself provide
otherwise, is
| 4 | | invalid after 11 months from the date of its execution; to the | 5 | | extent the condominium instruments or rules adopted thereunder | 6 | | expressly so provide, a vote or proxy may be submitted by | 7 | | electronic transmission, provided that any such electronic | 8 | | transmission shall either set forth or be submitted with | 9 | | information from which it can be determined that the electronic | 10 | | transmission was authorized by the unit owner or the unit | 11 | | owner's proxy;
| 12 | | (B) that if a rule adopted at least 120 days before a board | 13 | | election
or the
declaration or bylaws provide for balloting as | 14 | | set forth in this subsection,
unit
owners may not vote by proxy | 15 | | in board elections, but may vote only (i) by
submitting an | 16 | | association-issued ballot in person at the election meeting or
| 17 | | (ii) by
submitting an association-issued ballot to the | 18 | | association or its designated
agent
by mail or other means of | 19 | | delivery specified in the declaration, bylaws, or
rule; that
| 20 | | the ballots shall be mailed or otherwise distributed to unit | 21 | | owners not less
than 10
and not more than 30 days before the | 22 | | election meeting, and the board shall give
unit owners not less | 23 | | than 21 days' prior written notice of the deadline for
| 24 | | inclusion of a candidate's name on the ballots; that the | 25 | | deadline shall be no
more
than 7 days before the ballots are | 26 | | mailed or otherwise distributed to unit
owners; that
every such |
| | | HB2640 | - 11 - | LRB099 07615 HEP 27746 b |
|
| 1 | | ballot must include the names of all candidates who have given | 2 | | the
board or its authorized agent timely written notice of | 3 | | their candidacy and must
give the person casting the ballot the | 4 | | opportunity to cast votes for candidates
whose names do not | 5 | | appear on the ballot; that a ballot received by the
association
| 6 | | or
its designated agent after the close of voting shall not be | 7 | | counted; that a
unit
owner
who submits a ballot by mail or | 8 | | other means of delivery specified in the
declaration, bylaws, | 9 | | or rule may request and cast a ballot in person at the
election
| 10 | | meeting, and thereby void any ballot previously submitted by | 11 | | that unit owner; | 12 | | (B-5) that if a rule adopted at least 120 days before a | 13 | | board election or the declaration or bylaws provide for | 14 | | balloting as set forth in this subparagraph, unit owners may | 15 | | not vote by proxy in board elections, but may vote only (i) by | 16 | | submitting an association-issued ballot in person at the | 17 | | election meeting; or (ii) by any acceptable technological means | 18 | | as defined in Section 2 of this Act; instructions regarding the | 19 | | use of electronic means for voting shall be distributed to all | 20 | | unit owners not less than 10 and not more than 30 days before | 21 | | the election meeting, and the board shall give unit owners not | 22 | | less than 21 days' prior written notice of the deadline for | 23 | | inclusion of a candidate's name on the ballots; the deadline | 24 | | shall be no more than 7 days before the instructions for voting | 25 | | using electronic or acceptable technological means is | 26 | | distributed to unit owners; every instruction notice must |
| | | HB2640 | - 12 - | LRB099 07615 HEP 27746 b |
|
| 1 | | include the names of all candidates who have given the board or | 2 | | its authorized agent timely written notice of their candidacy | 3 | | and must give the person voting through electronic or | 4 | | acceptable technological means the opportunity to cast votes | 5 | | for candidates whose names do not appear on the ballot; a unit | 6 | | owner who submits a vote using electronic or acceptable | 7 | | technological means may request and cast a ballot in person at | 8 | | the election meeting, thereby voiding any vote previously | 9 | | submitted by that unit owner;
| 10 | | (C) that if a written petition by unit owners with at least | 11 | | 20% of the
votes of
the association is delivered to the board | 12 | | within 14 days after the board's
approval
of a rule adopted | 13 | | pursuant to subparagraph (B) or subparagraph (B-5) of this | 14 | | paragraph (9), the board
shall call a meeting of the unit | 15 | | owners within 30 days after the date of
delivery of
the | 16 | | petition; that unless a majority of the total votes of the unit | 17 | | owners are
cast
at the
meeting to reject the rule, the rule is | 18 | | ratified;
| 19 | | (D) that votes cast by ballot under subparagraph (B) or | 20 | | electronic or acceptable technological means under | 21 | | subparagraph (B-5) of this paragraph (9) are valid for the | 22 | | purpose of establishing a quorum;
| 23 | | (10) that the association may, upon adoption of the | 24 | | appropriate rules by
the board of managers, conduct elections | 25 | | by secret ballot whereby the voting
ballot is marked only with | 26 | | the percentage interest for the unit and the vote
itself, |
| | | HB2640 | - 13 - | LRB099 07615 HEP 27746 b |
|
| 1 | | provided that the board further adopt rules to verify the | 2 | | status of the
unit owner issuing a proxy or casting a ballot; | 3 | | and further, that a candidate
for election to the board of | 4 | | managers or such
candidate's representative shall have the | 5 | | right to be present at the
counting of ballots at such | 6 | | election;
| 7 | | (11) that in the event of a resale of a condominium unit | 8 | | the purchaser
of a unit from a seller other than the developer | 9 | | pursuant to an installment
contract for purchase shall during | 10 | | such times as he or she resides in the
unit be counted toward a | 11 | | quorum for purposes of election of members of the
board of | 12 | | managers at any meeting of the unit owners called for purposes | 13 | | of
electing members of the board, shall have the right to vote | 14 | | for the
election of members of the board of managers and to be | 15 | | elected to and serve
on the board of managers unless the seller | 16 | | expressly retains in writing any
or all of such rights. In no | 17 | | event may the seller and purchaser both be
counted toward a | 18 | | quorum, be permitted to vote for a particular office or be
| 19 | | elected and serve on the board. Satisfactory evidence of the | 20 | | installment
contact shall be made available to the association | 21 | | or its agents. For
purposes of this subsection, "installment | 22 | | contact" shall have the same
meaning as set forth in Section 1 | 23 | | (e) of "An Act relating to installment
contracts to sell | 24 | | dwelling structures", approved August 11, 1967, as amended;
| 25 | | (12) the method by which matters subject to the approval of | 26 | | unit owners
set forth in this Act, or in the condominium |
| | | HB2640 | - 14 - | LRB099 07615 HEP 27746 b |
|
| 1 | | instruments, will be
submitted to the unit owners at special | 2 | | membership meetings called for such
purposes; and
| 3 | | (13) that matters subject to the affirmative vote of not | 4 | | less than 2/3
of the votes of unit owners at a meeting duly | 5 | | called for that purpose,
shall include, but not be limited to:
| 6 | | (i) merger or consolidation of the association;
| 7 | | (ii) sale, lease, exchange, or other disposition | 8 | | (excluding the mortgage
or pledge) of all, or substantially | 9 | | all of the property and assets of the
association; and
| 10 | | (iii) the purchase or sale of land or of units on | 11 | | behalf of all unit owners.
| 12 | | (c) Election of a president from among the board of | 13 | | managers, who shall
preside over the meetings of the board of | 14 | | managers and of the unit owners.
| 15 | | (d) Election of a secretary from among the board of | 16 | | managers, who shall
keep the minutes of all meetings
of the | 17 | | board of managers and of the unit owners and who shall, in | 18 | | general,
perform all the duties incident to the office of | 19 | | secretary.
| 20 | | (e) Election of a treasurer from among the board of | 21 | | managers, who shall
keep the financial records and
books of | 22 | | account.
| 23 | | (f) Maintenance, repair and replacement of the common | 24 | | elements and
payments therefor, including the method of | 25 | | approving payment vouchers.
| 26 | | (g) An association with 30 or more units shall obtain and |
| | | HB2640 | - 15 - | LRB099 07615 HEP 27746 b |
|
| 1 | | maintain
fidelity insurance covering persons who control or | 2 | | disburse funds of the
association for the maximum amount of | 3 | | coverage available to protect funds
in the custody or control | 4 | | of the association plus the association reserve
fund. All | 5 | | management companies which are responsible for the funds held | 6 | | or
administered by the association shall maintain and furnish | 7 | | to the
association a fidelity bond for the maximum amount of | 8 | | coverage available to
protect funds in the custody of the | 9 | | management company at any time. The
association shall bear the | 10 | | cost of the fidelity insurance and fidelity
bond, unless | 11 | | otherwise provided by contract between the association and a
| 12 | | management company. The association shall be the direct obligee | 13 | | of any
such fidelity bond. A management company holding reserve | 14 | | funds of an
association shall at all times maintain a separate | 15 | | account for each
association, provided, however, that for | 16 | | investment purposes, the Board of
Managers of an association | 17 | | may authorize a management company to maintain
the | 18 | | association's reserve funds in a single interest bearing | 19 | | account with
similar funds of other associations. The | 20 | | management company shall at all
times maintain records | 21 | | identifying all moneys of each association in such
investment | 22 | | account. The management company may hold all operating funds of
| 23 | | associations which it manages in a single operating account but | 24 | | shall at
all times maintain records identifying all moneys of | 25 | | each association in
such operating account. Such operating and | 26 | | reserve funds held by the
management company for the |
| | | HB2640 | - 16 - | LRB099 07615 HEP 27746 b |
|
| 1 | | association shall not be subject to attachment
by any creditor | 2 | | of the management company.
| 3 | | For the purpose of this subsection a management company | 4 | | shall be
defined as a person, partnership, corporation, or | 5 | | other legal entity
entitled to transact business on behalf of | 6 | | others, acting on behalf of or
as an agent for a unit owner, | 7 | | unit owners or association of unit owners for
the purpose of | 8 | | carrying out the duties, responsibilities, and other
| 9 | | obligations necessary for the day to day operation and | 10 | | management of any
property subject to this Act. For purposes of | 11 | | this subsection, the term
"fiduciary insurance coverage" shall | 12 | | be defined as both a fidelity bond and
directors and officers | 13 | | liability coverage, the fidelity bond in the full
amount of | 14 | | association funds and association reserves that will be in the
| 15 | | custody of the association, and the directors and officers | 16 | | liability
coverage at a level as shall be determined to be | 17 | | reasonable by the board of
managers, if not otherwise | 18 | | established by the declaration or by laws.
| 19 | | Until one year after the effective date of this amendatory | 20 | | Act of 1985,
if a condominium association has reserves plus | 21 | | assessments in excess of
$250,000 and cannot reasonably obtain | 22 | | 100% fidelity bond coverage for such
amount, then it must | 23 | | obtain a fidelity bond coverage of $250,000.
| 24 | | (h) Method of estimating the amount of the annual budget, | 25 | | and the manner
of assessing and collecting from the unit owners | 26 | | their respective shares of
such estimated expenses, and of any |
| | | HB2640 | - 17 - | LRB099 07615 HEP 27746 b |
|
| 1 | | other expenses lawfully agreed upon.
| 2 | | (i) That upon 10 days notice to the manager or board of | 3 | | managers and
payment of a reasonable fee, any unit owner shall | 4 | | be furnished a statement
of his account setting forth the | 5 | | amount of any unpaid assessments or other
charges due and owing | 6 | | from such owner.
| 7 | | (j) Designation and removal of personnel necessary for the | 8 | | maintenance,
repair and replacement of the common elements.
| 9 | | (k) Such restrictions on and requirements respecting the | 10 | | use and
maintenance of the units and the use of the common | 11 | | elements, not set forth
in the declaration, as are designed to | 12 | | prevent unreasonable interference
with the use of their | 13 | | respective units and of the common elements by the
several unit | 14 | | owners.
| 15 | | (l) Method of adopting and of amending administrative rules | 16 | | and
regulations governing the operation and use of the common | 17 | | elements.
| 18 | | (m) The percentage of votes required to modify or amend the | 19 | | bylaws, but
each one of the particulars set forth in this | 20 | | section shall always be
embodied in the bylaws.
| 21 | | (n)(i) The provisions of this Act, the declaration, bylaws, | 22 | | other
condominium instruments, and rules and regulations that | 23 | | relate to the use
of the individual unit or the common elements | 24 | | shall be applicable to
any person leasing a unit and shall be | 25 | | deemed to be incorporated in any
lease executed or renewed on | 26 | | or after the effective date of this amendatory
Act of 1984. |
| | | HB2640 | - 18 - | LRB099 07615 HEP 27746 b |
|
| 1 | | (ii) With regard to any lease entered into subsequent to the
| 2 | | effective date of this amendatory Act of 1989, the unit owner | 3 | | leasing the
unit shall deliver a copy of the signed lease to | 4 | | the board or if the
lease is oral, a memorandum of the lease, | 5 | | not later than the date of
occupancy or 10 days after the lease | 6 | | is signed, whichever occurs first. In
addition to any other | 7 | | remedies, by filing an action jointly against the
tenant and | 8 | | the unit owner, an association may seek to enjoin a tenant from
| 9 | | occupying a unit or seek to evict a tenant under the provisions | 10 | | of Article
IX of the Code of Civil Procedure for failure of the | 11 | | lessor-owner to
comply with the leasing requirements | 12 | | prescribed by
this Section or by the declaration, bylaws, and
| 13 | | rules and regulations. The board of managers may proceed | 14 | | directly against a
tenant, at law or in equity, or under the | 15 | | provisions of Article IX of the
Code of Civil Procedure, for | 16 | | any other breach by tenant of any
covenants, rules, regulations | 17 | | or bylaws.
| 18 | | (o) The association shall have no authority to forbear the | 19 | | payment
of assessments by any unit owner.
| 20 | | (p) That when 30% or fewer of the units, by number,
possess | 21 | | over 50% in the aggregate of the votes in the association,
any | 22 | | percentage vote of members specified herein or in the | 23 | | condominium
instruments shall require the specified percentage | 24 | | by number of units
rather than by percentage of interest in the | 25 | | common elements allocated
to units that would otherwise be | 26 | | applicable and garage units or storage units, or both, shall |
| | | HB2640 | - 19 - | LRB099 07615 HEP 27746 b |
|
| 1 | | have, in total, no more votes than their aggregate percentage | 2 | | of ownership in the common elements; this shall mean that if | 3 | | garage units or storage units, or both, are to be given a vote, | 4 | | or portion of a vote, that the association must add the total | 5 | | number of votes cast of garage units, storage units, or both, | 6 | | and divide the total by the number of garage units, storage | 7 | | units, or both, and multiply by the aggregate percentage of | 8 | | ownership of garage units and storage units to determine the | 9 | | vote, or portion of a vote, that garage units or storage units, | 10 | | or both, have. For purposes of this subsection (p), when making | 11 | | a determination of whether 30% or fewer of the units, by | 12 | | number, possess over 50% in the aggregate of the votes in the | 13 | | association, a unit shall not include a garage unit or a | 14 | | storage unit.
| 15 | | (q) That a unit owner may not assign, delegate, transfer, | 16 | | surrender, or
avoid the duties, responsibilities, and | 17 | | liabilities of a unit owner under this
Act, the condominium | 18 | | instruments, or the rules and regulations of the
Association; | 19 | | and that such an attempted assignment, delegation, transfer,
| 20 | | surrender, or avoidance shall be deemed void.
| 21 | | The provisions of this Section are applicable to all | 22 | | condominium
instruments recorded under this Act. Any portion of | 23 | | a condominium
instrument which contains provisions contrary to | 24 | | these provisions shall be
void as against public policy and | 25 | | ineffective. Any such instrument which
fails to contain the | 26 | | provisions required by this Section shall be deemed to
|
| | | HB2640 | - 20 - | LRB099 07615 HEP 27746 b |
|
| 1 | | incorporate such provisions by operation of law.
| 2 | | (Source: P.A. 98-1042, eff. 1-1-15 .)
|
|