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| | HB2644 Enrolled | | LRB099 07617 HEP 27748 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Condominium Property Act is amended by |
5 | | changing Section 18.9 as follows:
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6 | | (765 ILCS 605/18.9) |
7 | | Sec. 18.9 18.8 . Common elements; rights of board. (a) Any |
8 | | provision in a condominium instrument which limits or restricts |
9 | | the rights of the board to act under subsection (b) of Section |
10 | | 9.1 of this Act is void as against public policy and |
11 | | ineffective . A provision shall be deemed to limit or restrict |
12 | | the rights of the Board under subsection (b) of Section 9.1 if |
13 | | it limits or restricts the rights of the board of managers by : |
14 | | (1) it requires requiring the prior consent of the unit |
15 | | owners in order for the board of managers to take any |
16 | | action authorized or permitted under subsection (b) of |
17 | | Section 9.1 , including the institution of any action in |
18 | | court or a demand for a trial by jury ; or |
19 | | (2) notwithstanding Section 32 of this Act, it requires |
20 | | requiring the board of managers to arbitrate or mediate a |
21 | | dispute with any one or more of all of the declarants under |
22 | | the condominium instruments or the developer or any person |
23 | | not then a unit owner prior to the institution of any |