Bill Text: IL SB2892 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Condominium Property Act. Provides that unless it is approved by a unit owner percentage vote of not less than 75% of the total in the aggregate in interest of the undivided ownership of the common elements following the election of the first unit owner board of managers, a provision in the condominium instruments is against public policy and unenforceable if it restricts the right of a board to represent the association in legal matters which affect the common elements or more than one unit by requiring consent of a percentage of unit owners, requiring arbitration, requiring mediation prior to the filing of an action in a court of competent jurisdiction, or restricting or delaying the board's ability to bring an action affecting the common elements or more than one unit in a court of competent jurisdiction and to demand a trial by jury.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB2892 Detail]
Download: Illinois-2013-SB2892-Engrossed.html
Bill Title: Amends the Condominium Property Act. Provides that unless it is approved by a unit owner percentage vote of not less than 75% of the total in the aggregate in interest of the undivided ownership of the common elements following the election of the first unit owner board of managers, a provision in the condominium instruments is against public policy and unenforceable if it restricts the right of a board to represent the association in legal matters which affect the common elements or more than one unit by requiring consent of a percentage of unit owners, requiring arbitration, requiring mediation prior to the filing of an action in a court of competent jurisdiction, or restricting or delaying the board's ability to bring an action affecting the common elements or more than one unit in a court of competent jurisdiction and to demand a trial by jury.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB2892 Detail]
Download: Illinois-2013-SB2892-Engrossed.html
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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 | adding Section 18.8 as follows:
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| 6 | (765 ILCS 605/18.8 new) | ||||||
| 7 | Sec. 18.8. Common elements; rights of board. | ||||||
| 8 | (a) Except as provided in subsection (b) of this Section, a | ||||||
| 9 | provision in the condominium instruments is against public | ||||||
| 10 | policy and unenforceable if it restricts the right of a board | ||||||
| 11 | to represent the association in legal matters which affect the | ||||||
| 12 | common elements or more than one unit by: | ||||||
| 13 | (1) requiring consent of a percentage of unit owners; | ||||||
| 14 | or | ||||||
| 15 | (2) requiring arbitration; or | ||||||
| 16 | (3) requiring mediation prior to the filing of an | ||||||
| 17 | action in a court of competent jurisdiction; or | ||||||
| 18 | (4) requiring any combination of items (1) through (3) | ||||||
| 19 | of this subsection (a); or | ||||||
| 20 | (5) restricting or delaying the board's ability to | ||||||
| 21 | bring an action affecting the common elements or more than | ||||||
| 22 | one condominium unit in a court of competent jurisdiction | ||||||
| 23 | and to demand a trial by jury. | ||||||
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| 1 | (b) A provision in the condominium instruments which would | ||||||
| 2 | otherwise be unenforceable under this Section may be enforced | ||||||
| 3 | if it is approved by a unit owner percentage vote of not less | ||||||
| 4 | than 75% of the total in the aggregate in interest of the | ||||||
| 5 | undivided ownership of the common elements following the | ||||||
| 6 | election of the first unit owner board of managers.
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