Full Text of HB4784 98th General Assembly
HB4784enr 98TH 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 Condominium Property Act is amended by | 5 | | changing Section 18.4 as follows:
| 6 | | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
| 7 | | Sec. 18.4. Powers and Duties of Board of Managers. The | 8 | | board of
managers shall exercise for the association all | 9 | | powers, duties and
authority vested in the association by law | 10 | | or the condominium instruments
except for such powers, duties | 11 | | and authority reserved by law to the members
of the | 12 | | association. The powers and duties of the board of managers | 13 | | shall
include, but shall not be limited to, the following:
| 14 | | (a) To provide for the operation, care, upkeep, | 15 | | maintenance,
replacement and improvement of the common | 16 | | elements. Nothing
in
this subsection (a) shall be deemed to | 17 | | invalidate any provision in a
condominium instrument | 18 | | placing limits on expenditures for the common elements, | 19 | | provided, that such
limits shall not be applicable to | 20 | | expenditures for repair, replacement, or
restoration of | 21 | | existing portions of the common elements. The
term "repair, | 22 | | replacement or restoration" means expenditures to | 23 | | deteriorated or
damaged portions of the property related to |
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| 1 | | the existing decorating,
facilities, or structural or | 2 | | mechanical components, interior or exterior
surfaces, or | 3 | | energy systems and equipment with the functional | 4 | | equivalent of the
original portions of such areas. | 5 | | Replacement of the common elements may
result in an | 6 | | improvement over the original quality of such elements or
| 7 | | facilities; provided that, unless the improvement is | 8 | | mandated by law or is an
emergency as defined in item (iv) | 9 | | of subparagraph (8) of paragraph (a) of
Section 18, if the | 10 | | improvement results in a proposed expenditure
exceeding 5% | 11 | | of the annual budget, the board of managers, upon written | 12 | | petition
by unit owners with 20% of the votes of the | 13 | | association delivered to the board
within 14 days of the | 14 | | board action to approve the expenditure, shall call a
| 15 | | meeting of the unit owners within 30 days of the date of | 16 | | delivery of the
petition to consider the expenditure. | 17 | | Unless a majority of the total votes of
the unit owners are | 18 | | cast at the meeting to reject the expenditure, it is
| 19 | | ratified.
| 20 | | (b) To prepare, adopt and distribute the annual budget | 21 | | for the property.
| 22 | | (c) To levy and expend assessments.
| 23 | | (d) To collect assessments from unit
owners.
| 24 | | (e) To provide for the employment and dismissal of the | 25 | | personnel
necessary or advisable for the maintenance and | 26 | | operation of the common
elements.
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| 1 | | (f) To obtain adequate and appropriate kinds of
| 2 | | insurance.
| 3 | | (g) To own, convey, encumber, lease, and otherwise deal | 4 | | with units
conveyed to or purchased by it.
| 5 | | (h) To adopt and amend rules and regulations covering | 6 | | the details of
the operation and use of the property, after | 7 | | a meeting of the unit owners
called for the specific | 8 | | purpose of discussing the proposed rules and
regulations. | 9 | | Notice of the meeting shall contain the full text of the
| 10 | | proposed rules and regulations, and the meeting shall | 11 | | conform to the
requirements of Section 18(b) of this Act, | 12 | | except that no quorum is
required at the meeting of the | 13 | | unit owners unless the declaration, bylaws
or other | 14 | | condominium instrument expressly provides to the contrary.
| 15 | | However, no rule or regulation may impair any rights | 16 | | guaranteed by the
First Amendment to the Constitution of | 17 | | the United States or Section 4 of
Article I of the Illinois | 18 | | Constitution including, but not limited to, the free | 19 | | exercise of religion, nor may any rules or regulations
| 20 | | conflict with the provisions of this Act or the condominium | 21 | | instruments. No rule or regulation shall prohibit any | 22 | | reasonable accommodation for religious practices, | 23 | | including the attachment of religiously mandated objects | 24 | | to the front-door area of a condominium unit.
| 25 | | (i) To keep detailed, accurate records of the receipts | 26 | | and
expenditures affecting the use and operation of the |
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| 1 | | property.
| 2 | | (j) To have access to each unit from time to time as | 3 | | may be necessary
for the maintenance, repair or replacement | 4 | | of any common elements or for
making emergency repairs | 5 | | necessary to prevent damage to the common elements
or to | 6 | | other units.
| 7 | | (k) To pay real property taxes, special assessments, | 8 | | and any other
special taxes or charges of the State of | 9 | | Illinois or of any political
subdivision thereof, or other | 10 | | lawful taxing or assessing body, which are
authorized by | 11 | | law to be assessed and levied upon the real property of the
| 12 | | condominium.
| 13 | | (l) To impose charges for late payment of a unit | 14 | | owner's proportionate
share of the common expenses, or any | 15 | | other expenses lawfully agreed upon,
and after notice and | 16 | | an opportunity to be heard, to levy reasonable fines
for | 17 | | violation of the declaration, by-laws, and rules and | 18 | | regulations of
the association.
| 19 | | (m) Unless the condominium instruments expressly | 20 | | provide to the
contrary, by a majority vote of the entire | 21 | | board of managers, to assign the
right of the association | 22 | | to future income from common expenses or other
sources, and | 23 | | to mortgage or pledge substantially all of the remaining
| 24 | | assets of the association.
| 25 | | (n) To record the dedication of a portion of the common | 26 | | elements
to a public body for use as, or in connection |
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| 1 | | with, a street or utility
where authorized by the unit | 2 | | owners under the provisions of Section 14.2.
| 3 | | (o) To record the granting of an easement for the | 4 | | laying of cable
television or high speed Internet cable | 5 | | where authorized by the unit owners under the provisions
of | 6 | | Section 14.3; to obtain, if available and determined by the | 7 | | board to be in
the best interests of the association, cable | 8 | | television
or bulk high speed Internet service for all of | 9 | | the units of the condominium on a bulk
identical service | 10 | | and equal cost per unit basis; and to assess and recover | 11 | | the
expense as a common expense and, if so determined by | 12 | | the board, to assess each
and every unit on the same equal | 13 | | cost per unit basis.
| 14 | | (p) To seek relief on behalf of all unit owners when | 15 | | authorized
pursuant to subsection (c) of Section 10 from or | 16 | | in connection with the
assessment or levying of real | 17 | | property taxes, special assessments, and any
other special | 18 | | taxes or charges of the State of Illinois or of any | 19 | | political
subdivision thereof or of any lawful taxing or | 20 | | assessing body.
| 21 | | (q) To reasonably accommodate the needs of a | 22 | | handicapped unit owner
as required by the federal Civil | 23 | | Rights Act of 1968, the Human Rights Act
and any applicable | 24 | | local ordinances in the exercise of its powers with
respect | 25 | | to the use of common elements or approval of modifications | 26 | | in an
individual unit.
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| 1 | | (r) To accept service of a notice of claim for purposes | 2 | | of the Mechanics Lien Act on behalf of each respective | 3 | | member of the Unit Owners' Association with respect to | 4 | | improvements performed pursuant to any contract entered | 5 | | into by the Board of Managers or any contract entered into | 6 | | prior to the recording of the condominium declaration | 7 | | pursuant to this Act, for a property containing more than 8 | 8 | | units, and to distribute the notice to the unit owners | 9 | | within 7 days of the acceptance of the service by the Board | 10 | | of Managers. The service shall be effective as if each | 11 | | individual unit owner had been served individually with | 12 | | notice.
| 13 | | (s) To adopt and amend rules and regulations (l) | 14 | | authorizing electronic delivery of notices and other | 15 | | communications required or contemplated by this Act to each | 16 | | unit owner who provides the association with written | 17 | | authorization for electronic delivery and an electronic | 18 | | address to which such communications are to be | 19 | | electronically transmitted; and (2) authorizing each unit | 20 | | owner to designate an electronic address or a U.S. Postal | 21 | | Service address, or both, as the unit owner's address on | 22 | | any list of members or unit owners which an association is | 23 | | required to provide upon request pursuant to any provision | 24 | | of this Act or any condominium instrument. | 25 | | In the performance of their duties, the officers and | 26 | | members of the board,
whether appointed by the developer or |
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| 1 | | elected by the unit owners, shall
exercise the care required of | 2 | | a fiduciary of the unit owners.
| 3 | | The collection of assessments from unit owners by an | 4 | | association, board
of managers or their duly authorized agents | 5 | | shall not be considered acts
constituting a collection agency | 6 | | for purposes of the Collection Agency Act.
| 7 | | The provisions of this Section are
applicable to all | 8 | | condominium instruments recorded under this Act. Any
portion of | 9 | | a condominium instrument which contains provisions contrary to
| 10 | | these provisions shall be void as against public policy and | 11 | | ineffective.
Any such instrument that fails to contain the | 12 | | provisions required by this
Section shall be deemed to | 13 | | incorporate such provisions by operation of law.
| 14 | | (Source: P.A. 96-1000, eff. 7-2-10; 97-751, eff. 1-1-13.)
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