|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2644 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
|
| |
Amends the Condominium Property Act. Restricts the applicability of a Section concerning the rights of the board of managers to actions taken under provisions stating that the board of managers has standing and capacity to act in a representative capacity in relation to matters involving the common elements or more than one unit, on behalf of the unit owners, as their interests may appear. Deletes language providing that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit owner board of managers.
| |
| | |
| | A BILL FOR |
|
|
| | HB2644 | | LRB099 07617 HEP 27748 b |
|
|
| 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 18.9 as follows:
|
| 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 |