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Public Act 098-1068
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| HB4783 Enrolled | LRB098 17140 HEP 52227 b |
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AN ACT concerning civil law.
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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 |
adding Section 18.8 as follows:
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(765 ILCS 605/18.8 new) |
Sec. 18.8. Common elements; rights of board. |
(a) Any provision in a condominium instrument is void as |
against public policy and ineffective if it limits or restricts |
the rights of the board of managers by: |
(1) requiring the prior consent of the unit owners in |
order for the board of managers to take any action, |
including the institution of any action in court or a |
demand for a trial by jury; or |
(2) notwithstanding Section 32 of this Act, requiring |
the board of managers to arbitrate or mediate a dispute |
with any one or more of all of the declarants under the |
condominium instruments or the developer or any person not |
then a unit owner prior to the institution of any action by |
the board of managers or a demand for a trial by jury. |
(b) A provision in a declaration which would otherwise be |
void and ineffective under this Section may be enforced if it |
is approved by a vote of not less than 75% of the unit owners at |