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


Rep. Daniel Didech

Filed: 3/19/2021





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2    AMENDMENT NO. ______. Amend House Bill 58 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Counties Code is amended by adding Section
53-5048 as follows:
6    (55 ILCS 5/3-5048 new)
7    Sec. 3-5048. Unlawful restrictive covenant modifications.
8    (a) As used in this Section:
9    "Declaration" has the meaning given to that term in
10Section 1-5 of the Common Interest Community Association Act
11or Section 2 of the Condominium Property Act, as applicable.
12    "Unlawful restrictive covenant" means any recorded
13covenant or restriction that is void under Section 3-105 of
14the Illinois Human Rights Act which purports to forbid or
15restrict the conveyance, encumbrance, occupancy, or lease
16thereof on the basis of race, color, religion, or national



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2    "Recorder" means the recorder of the county where the
3property subject to the unlawful restrictive covenant is
5    (b) A person or entity may execute and file a restrictive
6covenant modification to an unlawful restrictive covenant in
7accordance with this Section if the person or entity:
8        (1) holds an ownership interest in property that is
9    subject to the unlawful restrictive covenant; or
10        (2) is a common interest community association, a
11    condominium association, a unit owners' association, a
12    residential housing cooperative, or a master association
13    of a parcel of property subject to an unlawful restrictive
14    covenant under the following conditions:
15            (A) When a parcel of property subject to an
16        unlawful restrictive covenant is in a common interest
17        community association, condominium association, unit
18        owners' association, residential housing cooperative,
19        or master association, only the board, acting through
20        a majority vote, may execute and file a restrictive
21        covenant modification under this Section. Removal of
22        an unlawful restrictive covenant will not require
23        approval of the owners or members of such association
24        or cooperative, notwithstanding any provision of the
25        governing documents to the contrary. As used in
26        subparagraphs (A) through (D), "board" means the board



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1        of managers or directors or the managing trustees of
2        any such association or cooperative.
3            (B) If the board receives a written request by an
4        owner or member of the association or cooperative that
5        the board exercise its authority to execute and file a
6        restrictive covenant modification under this Section,
7        the board shall, within 90 days, investigate any claim
8        of an unlawful restrictive covenant and, if determined
9        to be an unlawful restrictive covenant, shall execute
10        and file a restrictive covenant modification as
11        provided under this Section.
12            (C) If a board fails or refuses to execute and file
13        a restrictive covenant modification after it receives
14        a written request by an owner or member as provided in
15        subparagraph (B), the owner or member who made the
16        written request may bring an action to compel the
17        board to file a restrictive covenant modification. Any
18        owner or member who prevails in such an action to
19        compel shall be entitled to recover reasonable
20        attorneys' fees and costs from the association or
21        cooperative.
22            (D) The board shall give written notice to all
23        owners or members of the association of the
24        restrictive covenant modification along with a copy of
25        such restrictive covenant modification within 21 days
26        after receiving a recorded copy of the documents.



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



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1State's Attorney shall:
2        (1) review the restrictive covenant modification and
3    the copy of the original instrument to determine: (i)
4    whether the original instrument contains an unlawful
5    restrictive covenant; and (ii) whether the restrictive
6    covenant modification correctly strikes through only the
7    language of the unlawful restrictive covenant; and
8        (2) return the restrictive covenant modification and
9    copy of the original instrument to the recorder together
10    with the State's Attorney's written determination.
11    (g) The recorder may not record a restrictive covenant
12modification filed under subsection (b) unless the State's
13Attorney determines that the modification is appropriate in
14accordance with subsection (f). If the State's Attorney's
15written determination finds that the instrument contains an
16unlawful restrictive covenant, the recorder shall record the
17restrictive covenant modification with the language stricken
18as directed by the State's Attorney.
19    (h) A recorded restrictive covenant modification shall be
20indexed in the same manner as the original instrument.
21    (i) Subject to all lawful covenants, conditions, and
22restrictions that were recorded after the recording of the
23original instrument, the restrictions contained in a duly
24recorded restrictive covenant modification are the only
25restrictions based on the original instrument that apply to
26the property.



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1    (j) The effective date of the terms and conditions
2contained in a duly recorded restrictive covenant modification
3shall be the same as the effective date of the original
5    (k) If a person or entity causes to be filed or recorded a
6restrictive covenant modification that contains modifications
7not authorized under this Section:
8        (1) the recorder may not incur any liability for
9    recording the restrictive covenant modification;
10        (2) the county may not incur any liability as a result
11    of a determination rendered by the State's Attorney under
12    subsection (f); and
13        (3) any costs, fees, or liability that results from
14    the unauthorized filing or recording shall be the sole
15    responsibility of the person or entity that executed the
16    restrictive covenant modification.
17    (l) The recorder may impose a fee for filing a restrictive
18covenant modification to an unlawful restrictive covenant
19pursuant to this Section in an amount not to exceed $10.".