Bill Text: IL SB0928 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Common Interest Community Association Act. Provides that an owner who intends to convey any interest in property subject to assessments under this Act shall notify the board that the owner intends to convey the property. Provides that upon receiving such a notice from the owner, the board shall provide each person to whom an interest in the property is conveyed with written documentation detailing the assessment structure of the association. Provides that the written documentation must include the penalties for failure to pay the assessments required by the association. Provides that the written documentation shall provide space for both the owner and each person to whom the property is conveyed to indicate by signature or initial that the written documentation has been provided to and reviewed by the person to whom the property is conveyed. Provides that the board shall be provided with and keep a copy of the signed or initialed documentation.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-09 - Session Sine Die [SB0928 Detail]
Download: Illinois-2017-SB0928-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 Common Interest Community Association Act is | ||||||
5 | amended by changing Section 1-35 as follows:
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6 | (765 ILCS 160/1-35) | ||||||
7 | Sec. 1-35. Member powers, duties, and obligations. | ||||||
8 | (a) The provisions of this Act, the declaration, bylaws, | ||||||
9 | other community instruments, and rules and regulations that | ||||||
10 | relate to the use of an individual unit or the common areas | ||||||
11 | shall be applicable to any person leasing a unit and shall be | ||||||
12 | deemed to be incorporated in any lease executed or renewed on | ||||||
13 | or after the effective date of this Act. Unless otherwise | ||||||
14 | provided in the community instruments, with regard to any lease | ||||||
15 | entered into subsequent to the effective date of this Act, the | ||||||
16 | unit owner leasing the unit shall deliver a copy of the signed | ||||||
17 | lease to the association or if the lease is oral, a memorandum | ||||||
18 | of the lease, not later than the date of occupancy or 10 days | ||||||
19 | after the lease is signed, whichever occurs first. | ||||||
20 | (b) If there are multiple owners of a single unit, only one | ||||||
21 | of the multiple owners shall be eligible to serve as a member | ||||||
22 | of the board at any one time, unless the unit owner owns | ||||||
23 | another unit independently. |
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1 | (c) Two-thirds of the membership may remove a board member | ||||||
2 | as a director at a duly called special meeting. | ||||||
3 | (d) In the event of any resale of a unit in a common | ||||||
4 | interest community association by a member or unit owner other | ||||||
5 | than the developer, the board shall make available for | ||||||
6 | inspection to the prospective purchaser, upon demand, the | ||||||
7 | following:
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8 | (1) A copy of the declaration, other instruments, and | ||||||
9 | any rules and regulations , and any adopted common expense | ||||||
10 | collection policies .
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11 | (2) A statement of any liens, including a statement of | ||||||
12 | the account of the unit setting forth the amounts of unpaid | ||||||
13 | assessments and other charges due and owing.
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14 | (3) A statement of any capital expenditures | ||||||
15 | anticipated by the association within the current or | ||||||
16 | succeeding 2 fiscal years.
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17 | (4) A statement of the status and amount of any reserve | ||||||
18 | or replacement fund and any other fund specifically | ||||||
19 | designated for association projects.
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20 | (5) A copy of the statement of financial condition of | ||||||
21 | the association for the last fiscal year for which such a | ||||||
22 | statement is available.
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23 | (6) A statement of the status of any pending suits or | ||||||
24 | judgments in which the association is a party.
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25 | (7) A statement setting forth what insurance coverage | ||||||
26 | is provided for all members or unit owners by the |
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1 | association for common properties. | ||||||
2 | (8) A statement setting forth the current assessment | ||||||
3 | obligations, including any special assessments or other | ||||||
4 | common expenses. | ||||||
5 | (9) A statement setting forth the current late fees or | ||||||
6 | interest that may be charged on an unpaid balance, if any.
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7 | The principal officer of the board , or such other officer | ||||||
8 | as is specifically designated , or agent for the association | ||||||
9 | shall disclose furnish the above information within 30 days | ||||||
10 | after receiving a written request for such information. | ||||||
11 | A reasonable fee covering the direct out-of-pocket cost of | ||||||
12 | copying and providing such information may be charged by the | ||||||
13 | association or the board to the unit seller for providing the | ||||||
14 | information.
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15 | (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; | ||||||
16 | 98-842, eff. 1-1-15 .)
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