Full Text of HB2645 099th General Assembly
HB2645 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2645 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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765 ILCS 605/2 | from Ch. 30, par. 302 |
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Amends the Condominium Property Act. Provides that the term "meeting of board of managers or board of master association"
does not include any mere discussion, conference, or working session at which no formal vote is taken.
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| | A BILL FOR |
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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 Condominium Property Act is amended by | 5 | | changing Section 2 as follows:
| 6 | | (765 ILCS 605/2) (from Ch. 30, par. 302)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires:
| 9 | | (a) "Declaration" means the instrument by which the | 10 | | property is
submitted to the provisions of this Act, as | 11 | | hereinafter provided, and such
declaration as from time to time | 12 | | amended.
| 13 | | (b) "Parcel" means the lot or lots, tract or tracts of | 14 | | land, described
in the declaration, submitted to the provisions | 15 | | of this Act.
| 16 | | (c) "Property" means all the land, property and space | 17 | | comprising the
parcel, all improvements and structures | 18 | | erected, constructed or contained
therein or thereon, | 19 | | including the building and all easements, rights and
| 20 | | appurtenances belonging thereto, and all fixtures and | 21 | | equipment intended
for the mutual use, benefit or enjoyment of | 22 | | the unit owners, submitted to
the provisions of this Act.
| 23 | | (d) "Unit" means a part of the property designed and |
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| 1 | | intended for any type
of independent use.
| 2 | | (e) "Common Elements" means all portions of the property | 3 | | except the
units, including limited common elements unless | 4 | | otherwise specified.
| 5 | | (f) "Person" means a natural individual, corporation, | 6 | | partnership,
trustee or other legal entity capable of holding | 7 | | title to real property.
| 8 | | (g) "Unit Owner" means the person or persons whose estates | 9 | | or interests,
individually or collectively, aggregate fee | 10 | | simple absolute ownership of a
unit, or, in the case of a | 11 | | leasehold condominium, the lessee or lessees of a
unit whose | 12 | | leasehold ownership of the unit expires simultaneously with the
| 13 | | lease described in item (x) of this Section.
| 14 | | (h) "Majority" or "majority of the unit owners" means the | 15 | | owners of more
than 50% in the aggregate in interest of the | 16 | | undivided ownership of the
common elements. Any specified | 17 | | percentage of the unit owners means such
percentage in the | 18 | | aggregate in interest of such undivided ownership.
"Majority" | 19 | | or "majority of the members of the board of managers" means
| 20 | | more than 50% of the total number of persons constituting such | 21 | | board
pursuant to the bylaws. Any specified percentage of the | 22 | | members of the
board of managers means that percentage of the | 23 | | total number of persons
constituting such board pursuant to the | 24 | | bylaws.
| 25 | | (i) "Plat" means a plat or plats of survey of the parcel | 26 | | and of all
units in the property submitted to the provisions of |
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| 1 | | this Act, which may
consist of a three-dimensional horizontal | 2 | | and vertical delineation of all
such units.
| 3 | | (j) "Record" means to record in the office of the recorder | 4 | | or,
whenever required, to file in the office of the Registrar | 5 | | of Titles of the
county wherein the property is located.
| 6 | | (k) "Conversion Condominium" means a property which | 7 | | contains structures,
excepting those newly constructed and | 8 | | intended for condominium ownership, which
are, or have | 9 | | previously been, wholly or partially occupied before recording | 10 | | of
condominium instruments by persons other than those who have | 11 | | contracted for the
purchase of condominiums.
| 12 | | (l) "Condominium Instruments" means all documents and | 13 | | authorized
amendments thereto recorded pursuant to the | 14 | | provisions of the Act,
including the declaration, bylaws and | 15 | | plat.
| 16 | | (m) "Common Expenses" means the proposed or actual expenses | 17 | | affecting
the property, including reserves, if any, lawfully | 18 | | assessed by the Board
of Managers of the Unit Owner's | 19 | | Association.
| 20 | | (n) "Reserves" means those sums paid by unit owners which | 21 | | are separately
maintained by the board of managers for purposes | 22 | | specified by the board
of managers or the condominium | 23 | | instruments.
| 24 | | (o) "Unit Owners' Association" or "Association" means the | 25 | | association
of all the unit owners, acting pursuant to bylaws | 26 | | through its duly elected
board of managers.
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| 1 | | (p) "Purchaser" means any person or persons other than the | 2 | | Developer who
purchase a unit in a bona fide transaction for | 3 | | value.
| 4 | | (q) "Developer" means any person who submits property | 5 | | legally or equitably
owned in fee simple by the developer, or | 6 | | leased to the developer
under a lease described in item (x) of | 7 | | this Section, to the
provisions of this
Act, or any person who | 8 | | offers units
legally or equitably owned in fee simple by the | 9 | | developer, or leased to the
developer under a lease described | 10 | | in item (x) of this Section, for
sale
in the ordinary course of
| 11 | | such person's business, including any successor or successors | 12 | | to
such developers' entire
interest in the property other than | 13 | | the purchaser of an individual unit.
| 14 | | (r) "Add-on Condominium" means a property to which | 15 | | additional property
may be added in accordance with condominium | 16 | | instruments and this Act.
| 17 | | (s) "Limited Common Elements" means a portion of the common | 18 | | elements so
designated in the declaration as being reserved for | 19 | | the use of a certain
unit or units to the exclusion of other | 20 | | units, including but not limited
to balconies, terraces, patios | 21 | | and parking spaces or facilities.
| 22 | | (t) "Building" means all structures, attached or | 23 | | unattached, containing
one or more units.
| 24 | | (u) "Master Association" means an organization described | 25 | | in Section 18.5
whether or not it is also an association | 26 | | described in Section 18.3.
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| 1 | | (v) "Developer Control" means such control at a time prior | 2 | | to the
election
of the Board of Managers provided for in | 3 | | Section 18.2(b) of this Act.
| 4 | | (w) "Meeting of Board of Managers or Board of Master | 5 | | Association"
means any gathering of a quorum of the members of | 6 | | the Board
of Managers or Board of the Master Association held | 7 | | for the purpose of
conducting board business , but does not | 8 | | include any mere discussion, conference, or working session at | 9 | | which no formal vote is taken .
| 10 | | (x) "Leasehold Condominium" means a property submitted to | 11 | | the provisions
of this Act which is subject to a lease, the | 12 | | expiration or termination of which
would terminate the | 13 | | condominium and the lessor of which is (i) exempt from
taxation
| 14 | | under Section 501(c)(3) of the Internal Revenue Code of 1986, | 15 | | as amended,
(ii) a
limited liability company whose sole member | 16 | | is exempt from taxation under
Section 501
(c)(3) of the | 17 | | Internal Revenue Code of 1986, as amended, or (iii)
a Public | 18 | | Housing Authority created pursuant to the
Housing Authorities | 19 | | Act that is located in a municipality having a population
in
| 20 | | excess of 1,000,000 inhabitants. | 21 | | (y) "Electronic transmission" means any form of | 22 | | communication, not directly involving the physical | 23 | | transmission of paper, that creates a record that may be | 24 | | retained, retrieved, and reviewed by a recipient and that may | 25 | | be directly reproduced in paper form by the recipient through | 26 | | an automated process. |
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| 1 | | (z) "Acceptable technological means" includes, without | 2 | | limitation, electronic transmission over the Internet or other | 3 | | network, whether by direct connection, intranet, telecopier, | 4 | | or electronic mail.
| 5 | | (Source: P.A. 98-1042, eff. 1-1-15 .)
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