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| Public Act 094-0729 |
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Condominium Property Act is amended by | ||||
changing Section 18.4 as follows:
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(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
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Sec. 18.4. Powers and Duties of Board of Managers. The | ||||
board of
managers shall exercise for the association all | ||||
powers, duties and
authority vested in the association by law | ||||
or the condominium instruments
except for such powers, duties | ||||
and authority reserved by law to the members
of the | ||||
association. The powers and duties of the board of managers | ||||
shall
include, but shall not be limited to, the following:
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(a) To provide for the operation, care, upkeep, | ||||
maintenance,
replacement and improvement of the common | ||||
elements. Nothing
in
this subsection (a) shall be deemed to | ||||
invalidate any provision in a
condominium instrument | ||||
placing limits on expenditures for the common elements, | ||||
provided, that such
limits shall not be applicable to | ||||
expenditures for repair, replacement, or
restoration of | ||||
existing portions of the common elements. The
term "repair, | ||||
replacement or restoration" means expenditures to | ||||
deteriorated or
damaged portions of the property related to | ||||
the existing decorating,
facilities, or structural or | ||||
mechanical components, interior or exterior
surfaces, or | ||||
energy systems and equipment with the functional | ||||
equivalent of the
original portions of such areas. | ||||
Replacement of the common elements may
result in an | ||||
improvement over the original quality of such elements or
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facilities; provided that, unless the improvement is | ||||
mandated by law or is an
emergency as defined in item (iv) | ||||
of subparagraph (8) of paragraph (a) of
Section 18, if the | ||||
improvement results in a proposed expenditure
exceeding 5% | ||
of the annual budget, the board of managers, upon written | ||
petition
by unit owners with 20% of the votes of the | ||
association delivered to the board
within 14 days of the | ||
board action to approve the expenditure, shall call a
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meeting of the unit owners within 30 days of the date of | ||
delivery of the
petition to consider the expenditure. | ||
Unless a majority of the total votes of
the unit owners are | ||
cast at the meeting to reject the expenditure, it is
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ratified.
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(b) To prepare, adopt and distribute the annual budget | ||
for the property.
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(c) To levy and expend assessments.
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(d) To collect assessments from unit
owners.
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(e) To provide for the employment and dismissal of the | ||
personnel
necessary or advisable for the maintenance and | ||
operation of the common
elements.
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(f) To obtain adequate and appropriate kinds of
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insurance.
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(g) To own, convey, encumber, lease, and otherwise deal | ||
with units
conveyed to or purchased by it.
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(h) To adopt and amend rules and regulations covering | ||
the details of
the operation and use of the property, after | ||
a meeting of the unit owners
called for the specific | ||
purpose of discussing the proposed rules and
regulations. | ||
Notice of the meeting shall contain the full text of the
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proposed rules and regulations, and the meeting shall | ||
conform to the
requirements of Section 18(b) of this Act, | ||
except that no quorum is
required at the meeting of the | ||
unit owners unless the declaration, bylaws
or other | ||
condominium instrument expressly provides to the contrary.
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However, no rule or regulation may impair any rights | ||
guaranteed by the
First Amendment to the Constitution of | ||
the United States or Section 4 of
Article I of the Illinois | ||
Constitution including, but not limited to, the free | ||
exercise of religion, nor may any rules or regulations
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conflict with the provisions of this Act or the condominium | ||
instruments. No rule or regulation shall prohibit any | ||
reasonable accommodation for religious practices, | ||
including the attachment of religiously mandated objects | ||
to the front-door area of a condominium unit.
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(i) To keep detailed, accurate records of the receipts | ||
and
expenditures affecting the use and operation of the | ||
property.
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(j) To have access to each unit from time to time as | ||
may be necessary
for the maintenance, repair or replacement | ||
of any common elements or for
making emergency repairs | ||
necessary to prevent damage to the common elements
or to | ||
other units.
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(k) To pay real property taxes, special assessments, | ||
and any other
special taxes or charges of the State of | ||
Illinois or of any political
subdivision thereof, or other | ||
lawful taxing or assessing body, which are
authorized by | ||
law to be assessed and levied upon the real property of the
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condominium.
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(l) To impose charges for late payment of a unit | ||
owner's proportionate
share of the common expenses, or any | ||
other expenses lawfully agreed upon,
and after notice and | ||
an opportunity to be heard, to levy reasonable fines
for | ||
violation of the declaration, by-laws, and rules and | ||
regulations of
the association.
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(m) Unless the condominium instruments expressly | ||
provide to the
contrary, by a majority vote of the entire | ||
board of managers, to assign the
right of the association | ||
to future income from common expenses or other
sources, and | ||
to mortgage or pledge substantially all of the remaining
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assets of the association.
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(n) To record the dedication of a portion of the common | ||
elements
to a public body for use as, or in connection | ||
with, a street or utility
where authorized by the unit | ||
owners under the provisions of Section 14.2.
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(o) To record the granting of an easement for the | ||
laying of cable
television cable where authorized by the | ||
unit owners under the provisions
of Section 14.3; to | ||
obtain, if available and determined by the board to be in
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the best interests of the association, cable television
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service for all of the units of the condominium on a bulk
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identical service and equal cost per unit basis; and to | ||
assess and recover the
expense as a common expense and, if | ||
so determined by the board, to assess each
and every unit | ||
on the same equal cost per unit basis.
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(p) To seek relief on behalf of all unit owners when | ||
authorized
pursuant to subsection (c) of Section 10 from or | ||
in connection with the
assessment or levying of real | ||
property taxes, special assessments, and any
other special | ||
taxes or changes of the State of Illinois or of any | ||
political
subdivision thereof or of any lawful taxing or | ||
assessing body.
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(q) To reasonably accommodate the needs of a | ||
handicapped unit owner
as required by the federal Civil | ||
Rights Act of 1968, the Human Rights Act
and any applicable | ||
local ordinances in the exercise of its powers with
respect | ||
to the use of common elements or approval of modifications | ||
in an
individual unit.
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(r) To accept service of a notice of claim for purposes | ||
of the Mechanics Lien Act on behalf of each respective | ||
member of the Unit Owners' Association with respect to | ||
improvements performed pursuant to any contract entered | ||
into by the Board of Managers or any contract entered into | ||
prior to the recording of the condominium declaration | ||
pursuant to this Act, for a property containing more than 8 | ||
units, and to distribute the notice to the unit owners | ||
within 7 days of the acceptance of the service by the Board | ||
of Managers. The service shall be effective as if each | ||
individual unit owner had been served individually with | ||
notice.
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In the performance of their duties, the officers and | ||
members of the board,
whether appointed by the developer or | ||
elected by the unit owners, shall
exercise the care required of | ||
a fiduciary of the unit owners.
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The collection of assessments from unit owners by an | ||
association, board
of managers or their duly authorized agents | ||
shall not be considered acts
constituting a collection agency | ||
for purposes of the Collection Agency Act.
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The provisions of this Section are
applicable to all | ||
condominium instruments recorded under this Act. Any
portion of | ||
a condominium instrument which contains provisions contrary to
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these provisions shall be void as against public policy and | ||
ineffective.
Any such instrument that fails to contain the | ||
provisions required by this
Section shall be deemed to | ||
incorporate such provisions by operation of law.
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(Source: P.A. 94-384, eff. 1-1-06.)
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