Full Text of HB5696 99th General Assembly
HB5696eng 99TH GENERAL ASSEMBLY |
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| 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 1-85 as follows: | 6 | | (765 ILCS 160/1-5) | 7 | | Sec. 1-5. Definitions. As used in this Act, unless the | 8 | | context otherwise requires: | 9 | | "Acceptable technological means" includes, without | 10 | | limitation, electronic transmission over the Internet or other | 11 | | network, whether by direct connection, intranet, telecopier, | 12 | | or electronic mail , and any generally available technology | 13 | | that, by rule of the association, is deemed to provide | 14 | | reasonable security, reliability, identification, and | 15 | | verifiability . | 16 | | "Association" or "common interest community association" | 17 | | means the association of all the members of a common interest | 18 | | community, acting pursuant to bylaws or an operating agreement | 19 | | through its duly elected board of managers or board of | 20 | | directors. | 21 | | "Board" means a common interest community association's | 22 | | board of managers or board of directors, whichever is | 23 | | applicable. |
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| 1 | | "Board member" or "member of the board" means a member of | 2 | | the board of managers or the board of directors, whichever is | 3 | | applicable. | 4 | | "Board of directors" means, for a common interest community | 5 | | that has been incorporated as an Illinois not-for-profit | 6 | | corporation, the group of people elected by the members of a | 7 | | common interest community as the governing body to exercise for | 8 | | the members of the common interest community association all | 9 | | powers, duties, and authority vested in the board of directors | 10 | | under this Act and the common interest community association's | 11 | | declaration and bylaws. | 12 | | "Board of managers" means, for a common interest community | 13 | | that is an unincorporated association or organized as a limited | 14 | | liability company, the group of people elected by the members | 15 | | of a common interest community as the governing body to | 16 | | exercise for the members of the common interest community | 17 | | association all powers, duties, and authority vested in the | 18 | | board of managers under this Act and the common interest | 19 | | community association's declaration, bylaws, or operating | 20 | | agreement. | 21 | | "Building" means all structures, attached or unattached, | 22 | | containing one or more units. | 23 | | "Common areas" means the portion of the property other than | 24 | | a unit. | 25 | | "Common expenses" means the proposed or actual expenses | 26 | | affecting the property, including reserves, if any, lawfully |
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| 1 | | assessed by the common interest community association. | 2 | | "Common interest community" means real estate other than a | 3 | | condominium or cooperative with respect to which any person by | 4 | | virtue of his or her ownership of a partial interest or a unit | 5 | | therein is obligated to pay for the maintenance, improvement, | 6 | | insurance premiums or real estate taxes of common areas | 7 | | described in a declaration which is administered by an | 8 | | association. "Common interest community" may include, but not | 9 | | be limited to, an attached or detached townhome, villa, or | 10 | | single-family home. A "common interest community" does not | 11 | | include a master association. | 12 | | "Community instruments" means all documents and authorized | 13 | | amendments thereto recorded by a developer or common interest | 14 | | community association, including, but not limited to, the | 15 | | declaration, bylaws, operating agreement, plat of survey, and | 16 | | rules and regulations. | 17 | | "Declaration" means any duly recorded instruments, however | 18 | | designated, that have created a common interest community and | 19 | | any duly recorded amendments to those instruments. | 20 | | "Developer" means any person who submits property legally | 21 | | or equitably owned in fee simple by the person to the | 22 | | provisions of this Act, or any person who offers units legally | 23 | | or equitably owned in fee simple by the person for sale in the | 24 | | ordinary course of such person's business, including any | 25 | | successor to such person's entire interest in the property | 26 | | other than the purchaser of an individual unit. |
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| 1 | | "Developer control" means such control at a time prior to | 2 | | the election of the board of the common interest community | 3 | | association by a majority of the members other than the | 4 | | developer. | 5 | | "Electronic transmission" means any form of communication, | 6 | | not directly involving the physical transmission of paper, that | 7 | | creates a record that may be retained, retrieved, and reviewed | 8 | | by a recipient and that may be directly reproduced in paper | 9 | | form by the recipient through an automated process. | 10 | | "Majority" or "majority of the members" means the owners of | 11 | | more than 50% in the aggregate in interest of the undivided | 12 | | ownership of the common elements. Any specified percentage of | 13 | | the members means such percentage in the aggregate in interest | 14 | | of such undivided ownership. "Majority" or "majority of the | 15 | | members of the board of the common interest community | 16 | | association" means more than 50% of the total number of persons | 17 | | constituting such board pursuant to the bylaws or operating | 18 | | agreement. Any specified percentage of the members of the | 19 | | common interest community association means that percentage of | 20 | | the total number of persons constituting such board pursuant to | 21 | | the bylaws or operating agreement. | 22 | | "Management company" or "community association manager" | 23 | | means a person, partnership, corporation, or other legal entity | 24 | | entitled to transact business on behalf of others, acting on | 25 | | behalf of or as an agent for an association for the purpose of | 26 | | carrying out the duties, responsibilities, and other |
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| 1 | | obligations necessary for the day to day operation and | 2 | | management of any property subject to this Act.
| 3 | | "Meeting of the board" or "board meeting" means any | 4 | | gathering of a quorum of the members of the board of the common | 5 | | interest community association held for the purpose of | 6 | | conducting board business. | 7 | | "Member" means the person or entity designated as an owner | 8 | | and entitled to one vote as defined by the community | 9 | | instruments. The terms "member" and "unit owner" may be used | 10 | | interchangeably as defined by the community instruments, | 11 | | except in situations in which a matter of legal title to the | 12 | | unit is involved or at issue, in which case the term "unit | 13 | | owner" would be the applicable term used. | 14 | | "Membership" means the collective group of members | 15 | | entitled to vote as defined by the community instruments. | 16 | | "Parcel" means the lot or lots or tract or tracts of land | 17 | | described in the declaration as part of a common interest | 18 | | community. | 19 | | "Person" means a natural individual, corporation, | 20 | | partnership, trustee, or other legal entity capable of holding | 21 | | title to real property. | 22 | | "Plat" means a plat or plats of survey of the parcel and of | 23 | | all units in the common interest community, which may consist | 24 | | of a three-dimensional horizontal and vertical delineation of | 25 | | all such units, structures, easements, and common areas on the | 26 | | property. |
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| 1 | | "Prescribed delivery method" means mailing, delivering, | 2 | | posting in an association publication that is routinely mailed | 3 | | to all members, electronic transmission, or any other delivery | 4 | | method that is approved in writing by the member and authorized | 5 | | by the community instruments. | 6 | | "Property" means all the land, property, and space | 7 | | comprising the parcel, all improvements and structures | 8 | | erected, constructed or contained therein or thereon, | 9 | | including any building and all easements, rights, and | 10 | | appurtenances belonging thereto, and all fixtures and | 11 | | equipment intended for the mutual use, benefit, or enjoyment of | 12 | | the members, under the authority or control of a common | 13 | | interest community association. | 14 | | "Purchaser" means any person or persons, other than the | 15 | | developer, who purchase a unit in a bona fide transaction for | 16 | | value. | 17 | | "Record" means to record in the office of the recorder of | 18 | | the county wherein the property is located. | 19 | | "Reserves" means those sums paid by members which are | 20 | | separately maintained by the common interest community | 21 | | association for purposes specified by the declaration and | 22 | | bylaws of the common interest community association. | 23 | | "Unit" means a part of the property designed and intended | 24 | | for any type of independent use. | 25 | | "Unit owner" means the person or persons whose estates or | 26 | | interests, individually or collectively, aggregate fee simple |
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| 1 | | absolute ownership of a unit.
| 2 | | (Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15.) | 3 | | (765 ILCS 160/1-85) | 4 | | Sec. 1-85. Use of technology. | 5 | | (a) Any notice required to be sent or received or | 6 | | signature, vote, consent, or approval required to be obtained | 7 | | under any community instrument or any provision of this Act may | 8 | | be accomplished using acceptable technological means the | 9 | | technology generally available at that time . This Section | 10 | | governs the use of technology in implementing the provisions of | 11 | | any community instrument or any provision of this Act | 12 | | concerning notices, signatures, votes, consents, or approvals. | 13 | | (b) The common interest community association, unit | 14 | | owners, and other persons entitled to occupy a unit may perform | 15 | | any obligation or exercise any right under any community | 16 | | instrument or any provision of this Act by use of acceptable | 17 | | technological means any technological means that provides | 18 | | sufficient security, reliability, identification, and | 19 | | verifiability . | 20 | | (c) A verifiable electronic signature transmitted by | 21 | | acceptable technological means satisfies any requirement for a | 22 | | signature under any community instrument or any provision of | 23 | | this Act. | 24 | | (d) Voting on, consent to, and approval of any matter under | 25 | | any community instrument or any provision of this Act may be |
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| 1 | | accomplished by any acceptable electronic transmission or | 2 | | other equivalent technological means, provided that a record is | 3 | | created as evidence thereof and maintained as long as the | 4 | | record would be required to be maintained in nonelectronic | 5 | | form. | 6 | | (e) Subject to other provisions of law, no action required | 7 | | or permitted by any community instrument or any provision of | 8 | | this Act need be acknowledged before a notary public if the | 9 | | identity and signature of the signatory person can otherwise be | 10 | | authenticated to the satisfaction of the board of directors. | 11 | | (f) If any person does not provide written authorization to | 12 | | conduct business using acceptable electronic transmission or | 13 | | other equivalent technological means, the common interest | 14 | | community association shall, at its expense, conduct business | 15 | | with the person without the use of acceptable electronic | 16 | | transmission or other equivalent technological means. | 17 | | (g) This Section does not apply to any notices required : | 18 | | (i) under Article IX of the Code of Civil Procedure ; or (ii) in | 19 | | connection with related to: (i) an action by the common | 20 | | interest community association to collect a common expense; or | 21 | | (ii) foreclosure proceedings in enforcement of any lien rights | 22 | | under this Act.
| 23 | | (Source: P.A. 98-1042, eff. 1-1-15 .) | 24 | | Section 10. The Condominium Property Act is amended by | 25 | | changing Sections 2 and 18.8 as follows:
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| 1 | | (765 ILCS 605/2) (from Ch. 30, par. 302)
| 2 | | Sec. 2. Definitions. As used in this Act, unless the | 3 | | context otherwise
requires:
| 4 | | (a) "Declaration" means the instrument by which the | 5 | | property is
submitted to the provisions of this Act, as | 6 | | hereinafter provided, and such
declaration as from time to time | 7 | | amended.
| 8 | | (b) "Parcel" means the lot or lots, tract or tracts of | 9 | | land, described
in the declaration, submitted to the provisions | 10 | | of this Act.
| 11 | | (c) "Property" means all the land, property and space | 12 | | comprising the
parcel, all improvements and structures | 13 | | erected, constructed or contained
therein or thereon, | 14 | | including the building and all easements, rights and
| 15 | | appurtenances belonging thereto, and all fixtures and | 16 | | equipment intended
for the mutual use, benefit or enjoyment of | 17 | | the unit owners, submitted to
the provisions of this Act.
| 18 | | (d) "Unit" means a part of the property designed and | 19 | | intended for any type
of independent use.
| 20 | | (e) "Common Elements" means all portions of the property | 21 | | except the
units, including limited common elements unless | 22 | | otherwise specified.
| 23 | | (f) "Person" means a natural individual, corporation, | 24 | | partnership,
trustee or other legal entity capable of holding | 25 | | title to real property.
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| 1 | | (g) "Unit Owner" means the person or persons whose estates | 2 | | or interests,
individually or collectively, aggregate fee | 3 | | simple absolute ownership of a
unit, or, in the case of a | 4 | | leasehold condominium, the lessee or lessees of a
unit whose | 5 | | leasehold ownership of the unit expires simultaneously with the
| 6 | | lease described in item (x) of this Section.
| 7 | | (h) "Majority" or "majority of the unit owners" means the | 8 | | owners of more
than 50% in the aggregate in interest of the | 9 | | undivided ownership of the
common elements. Any specified | 10 | | percentage of the unit owners means such
percentage in the | 11 | | aggregate in interest of such undivided ownership.
"Majority" | 12 | | or "majority of the members of the board of managers" means
| 13 | | more than 50% of the total number of persons constituting such | 14 | | board
pursuant to the bylaws. Any specified percentage of the | 15 | | members of the
board of managers means that percentage of the | 16 | | total number of persons
constituting such board pursuant to the | 17 | | bylaws.
| 18 | | (i) "Plat" means a plat or plats of survey of the parcel | 19 | | and of all
units in the property submitted to the provisions of | 20 | | this Act, which may
consist of a three-dimensional horizontal | 21 | | and vertical delineation of all
such units.
| 22 | | (j) "Record" means to record in the office of the recorder | 23 | | or,
whenever required, to file in the office of the Registrar | 24 | | of Titles of the
county wherein the property is located.
| 25 | | (k) "Conversion Condominium" means a property which | 26 | | contains structures,
excepting those newly constructed and |
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| 1 | | intended for condominium ownership, which
are, or have | 2 | | previously been, wholly or partially occupied before recording | 3 | | of
condominium instruments by persons other than those who have | 4 | | contracted for the
purchase of condominiums.
| 5 | | (l) "Condominium Instruments" means all documents and | 6 | | authorized
amendments thereto recorded pursuant to the | 7 | | provisions of the Act,
including the declaration, bylaws and | 8 | | plat.
| 9 | | (m) "Common Expenses" means the proposed or actual expenses | 10 | | affecting
the property, including reserves, if any, lawfully | 11 | | assessed by the Board
of Managers of the Unit Owner's | 12 | | Association.
| 13 | | (n) "Reserves" means those sums paid by unit owners which | 14 | | are separately
maintained by the board of managers for purposes | 15 | | specified by the board
of managers or the condominium | 16 | | instruments.
| 17 | | (o) "Unit Owners' Association" or "Association" means the | 18 | | association
of all the unit owners, acting pursuant to bylaws | 19 | | through its duly elected
board of managers.
| 20 | | (p) "Purchaser" means any person or persons other than the | 21 | | Developer who
purchase a unit in a bona fide transaction for | 22 | | value.
| 23 | | (q) "Developer" means any person who submits property | 24 | | legally or equitably
owned in fee simple by the developer, or | 25 | | leased to the developer
under a lease described in item (x) of | 26 | | this Section, to the
provisions of this
Act, or any person who |
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| 1 | | offers units
legally or equitably owned in fee simple by the | 2 | | developer, or leased to the
developer under a lease described | 3 | | in item (x) of this Section, for
sale
in the ordinary course of
| 4 | | such person's business, including any successor or successors | 5 | | to
such developers' entire
interest in the property other than | 6 | | the purchaser of an individual unit.
| 7 | | (r) "Add-on Condominium" means a property to which | 8 | | additional property
may be added in accordance with condominium | 9 | | instruments and this Act.
| 10 | | (s) "Limited Common Elements" means a portion of the common | 11 | | elements so
designated in the declaration as being reserved for | 12 | | the use of a certain
unit or units to the exclusion of other | 13 | | units, including but not limited
to balconies, terraces, patios | 14 | | and parking spaces or facilities.
| 15 | | (t) "Building" means all structures, attached or | 16 | | unattached, containing
one or more units.
| 17 | | (u) "Master Association" means an organization described | 18 | | in Section 18.5
whether or not it is also an association | 19 | | described in Section 18.3.
| 20 | | (v) "Developer Control" means such control at a time prior | 21 | | to the
election
of the Board of Managers provided for in | 22 | | Section 18.2(b) of this Act.
| 23 | | (w) "Meeting of Board of Managers or Board of Master | 24 | | Association"
means any gathering of a quorum of the members of | 25 | | the Board
of Managers or Board of the Master Association held | 26 | | for the purpose of
conducting board business.
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| 1 | | (x) "Leasehold Condominium" means a property submitted to | 2 | | the provisions
of this Act which is subject to a lease, the | 3 | | expiration or termination of which
would terminate the | 4 | | condominium and the lessor of which is (i) exempt from
taxation
| 5 | | under Section 501(c)(3) of the Internal Revenue Code of 1986, | 6 | | as amended,
(ii) a
limited liability company whose sole member | 7 | | is exempt from taxation under
Section 501
(c)(3) of the | 8 | | Internal Revenue Code of 1986, as amended, or (iii)
a Public | 9 | | Housing Authority created pursuant to the
Housing Authorities | 10 | | Act that is located in a municipality having a population
in
| 11 | | excess of 1,000,000 inhabitants. | 12 | | (y) "Electronic transmission" means any form of | 13 | | communication, not directly involving the physical | 14 | | transmission of paper, that creates a record that may be | 15 | | retained, retrieved, and reviewed by a recipient and that may | 16 | | be directly reproduced in paper form by the recipient through | 17 | | an automated process. | 18 | | (z) "Acceptable technological means" includes, without | 19 | | limitation, electronic transmission over the Internet or other | 20 | | network, whether by direct connection, intranet, telecopier, | 21 | | or electronic mail , and any generally available technology | 22 | | that, by rule of the association, is deemed to provide | 23 | | reasonable security, reliability, identification, and | 24 | | verifiability .
| 25 | | (Source: P.A. 98-1042, eff. 1-1-15 .)
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| 1 | | (765 ILCS 605/18.8) | 2 | | Sec. 18.8. 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 condominium instrument or any provision of this Act | 6 | | may be accomplished using acceptable technological means the | 7 | | technology generally available at that time . This Section shall | 8 | | govern the use of technology in implementing the provisions of | 9 | | any condominium instrument or any provision of this Act | 10 | | concerning notices, signatures, votes, consents, or approvals. | 11 | | (b) The association, unit owners, and other persons | 12 | | entitled to occupy a unit may perform any obligation or | 13 | | exercise any right under any condominium instrument or any | 14 | | provision of this Act by use of acceptable technological means | 15 | | any technological means that provides sufficient security, | 16 | | reliability, identification, and verifiability . | 17 | | (c) A verifiable electronic signature transmitted by | 18 | | acceptable technological means satisfies any requirement for a | 19 | | signature under any condominium instrument or any provision of | 20 | | this Act. | 21 | | (d) Voting on, consent to, and approval of any matter under | 22 | | any condominium instrument or any provision of this Act may be | 23 | | accomplished by any acceptable electronic transmission or | 24 | | other equivalent technological means, provided that a record is | 25 | | created as evidence thereof and maintained as long as the | 26 | | record would be required to be maintained in nonelectronic |
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| 1 | | form. | 2 | | (e) Subject to other provisions of law, no action required | 3 | | or permitted by any condominium instrument or any provision of | 4 | | this Act need be acknowledged before a notary public if the | 5 | | identity and signature of the signatory person can otherwise be | 6 | | authenticated to the satisfaction of the board of directors or | 7 | | board of managers. | 8 | | (f) If any person does not provide written authorization to | 9 | | conduct business using acceptable electronic transmission or | 10 | | other equivalent technological means, the association shall, | 11 | | at its expense, conduct business with the person without the | 12 | | use of acceptable electronic transmission or other equivalent | 13 | | technological means. | 14 | | (g) This Section does not apply to any notices required : | 15 | | (i) under Article IX of the Code of Civil Procedure ; or (ii) in | 16 | | connection with related to: (i) an action by the association to | 17 | | collect a common expense; or (ii) foreclosure proceedings in | 18 | | enforcement of any lien rights under this Act.
| 19 | | (Source: P.A. 98-1042, eff. 1-1-15; 99-78, eff. 7-20-15.)
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