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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2606 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED:
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765 ILCS 605/18 | from Ch. 30, par. 318 |
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Amends the Condominium Property Act. Provides that upon request, any person who makes payments for common expenses shall be furnished a copy of any legally binding agreements between the unit owners' association and each management company retained by the association. Effective immediately.
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| | A BILL FOR |
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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 as follows:
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| 6 | | (765 ILCS 605/18) (from Ch. 30, par. 318)
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| 7 | | Sec. 18. Contents of bylaws. The bylaws shall provide for |
| 8 | | at least
the following:
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| 9 | | (a)(1) The election from among the unit owners of a board |
| 10 | | of managers,
the number of persons constituting such board, and |
| 11 | | that the terms of at
least one-third of the members of the |
| 12 | | board shall expire annually and that
all members of the board |
| 13 | | shall be elected at large.
If there are multiple owners of a |
| 14 | | single unit, only one of the multiple
owners shall be eligible |
| 15 | | to serve as a member of the board at any one time.
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| 16 | | (2) the powers and duties of the board;
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| 17 | | (3) the compensation, if any, of the members of the board;
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| 18 | | (4) the method of removal from office of members of the |
| 19 | | board;
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| 20 | | (5) that the board may engage the services of a manager or |
| 21 | | managing agent;
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| 22 | | (6) that each unit owner shall receive, at least 30 days |
| 23 | | prior to the
adoption thereof by the board of managers, a copy |
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| 1 | | of the proposed annual
budget together with an indication of |
| 2 | | which portions are intended for
reserves, capital expenditures |
| 3 | | or repairs or payment of real estate taxes;
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| 4 | | (7) that the board of managers shall annually supply to
all |
| 5 | | unit owners an itemized accounting of the common expenses
for |
| 6 | | the preceding year actually incurred or paid, together
with an |
| 7 | | indication of which portions were for reserves, capital
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| 8 | | expenditures or repairs or payment of real estate taxes and
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| 9 | | with a tabulation of the amounts collected pursuant to the
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| 10 | | budget or assessment, and showing the net excess or
deficit of |
| 11 | | income over expenditures plus reserves;
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| 12 | | (8)(i) that each unit owner shall receive notice, in the |
| 13 | | same manner
as is provided in this Act for membership meetings, |
| 14 | | of any meeting of the
board of managers concerning the adoption |
| 15 | | of the proposed annual budget and
regular assessments pursuant |
| 16 | | thereto or to adopt a separate (special)
assessment, (ii) that |
| 17 | | except as provided in subsection (iv) below, if an
adopted
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| 18 | | budget or any separate assessment adopted by the board would |
| 19 | | result in the
sum of all regular and separate assessments |
| 20 | | payable in the current fiscal year
exceeding 115% of the sum of |
| 21 | | all regular and separate
assessments payable during the
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| 22 | | preceding fiscal year, the
board of managers, upon written |
| 23 | | petition by unit owners with 20 percent of
the votes of the |
| 24 | | association delivered to the board within 14
days of the board |
| 25 | | action,
shall call a meeting of the unit owners within 30 days |
| 26 | | of the date of
delivery of the petition to consider the budget |
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| 1 | | or separate
assessment; unless a
majority of
the total votes of |
| 2 | | the unit owners are cast at the meeting to reject the
budget or |
| 3 | | separate assessment,
it is ratified, (iii) that any common |
| 4 | | expense not set forth in the budget or
any increase in |
| 5 | | assessments over the amount adopted in the budget shall be
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| 6 | | separately assessed against all unit owners, (iv) that separate |
| 7 | | assessments for
expenditures relating to emergencies or |
| 8 | | mandated by law may be adopted by the
board of managers without |
| 9 | | being subject to unit owner approval or the
provisions of item |
| 10 | | (ii) above or item (v) below. As used
herein, "emergency" means |
| 11 | | an immediate danger to the structural integrity of
the
common |
| 12 | | elements or to the life, health, safety or property of the unit |
| 13 | | owners,
(v) that assessments
for additions and alterations to |
| 14 | | the common elements or to association-owned
property not |
| 15 | | included in the adopted annual budget, shall be separately
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| 16 | | assessed and are subject to approval of two-thirds of the total |
| 17 | | votes of all
unit owners, (vi) that the board of managers may |
| 18 | | adopt separate assessments
payable over more than one fiscal |
| 19 | | year. With respect to multi-year assessments
not governed by |
| 20 | | items (iv) and (v), the entire amount of the multi-year
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| 21 | | assessment shall be deemed considered and authorized in the |
| 22 | | first fiscal year
in which the assessment is approved;
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| 23 | | (9) that meetings of the board of managers shall be open to |
| 24 | | any unit
owner, except for the portion of any meeting held (i) |
| 25 | | to discuss litigation
when an action against or on behalf of |
| 26 | | the particular association has been
filed and is pending in a |
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| 1 | | court or administrative tribunal,
or when the board of managers |
| 2 | | finds that such an action is probable
or imminent, (ii) to |
| 3 | | consider information regarding appointment, employment
or |
| 4 | | dismissal of an employee, or (iii) to discuss violations of |
| 5 | | rules and
regulations of the association or a unit owner's |
| 6 | | unpaid share of common
expenses; that any vote on these matters |
| 7 | | shall be taken at a meeting or
portion thereof open to any unit |
| 8 | | owner; that any unit owner may record the
proceedings at |
| 9 | | meetings or portions thereof required to be open by this
Act by |
| 10 | | tape, film or other means; that the board may prescribe |
| 11 | | reasonable
rules and regulations to govern the right to make |
| 12 | | such recordings, that
notice of such meetings shall be mailed |
| 13 | | or delivered at least 48 hours
prior thereto, unless a written |
| 14 | | waiver of such notice is signed by the
person or persons |
| 15 | | entitled to such notice pursuant to the declaration,
bylaws, |
| 16 | | other condominium instrument, or provision of law other than |
| 17 | | this
subsection before the meeting is convened, and that copies |
| 18 | | of notices of
meetings of the board of managers shall be posted |
| 19 | | in entranceways,
elevators, or other conspicuous places in the |
| 20 | | condominium at least 48 hours
prior to the meeting of the board |
| 21 | | of managers except where there is no
common entranceway for 7 |
| 22 | | or more units, the board of managers may designate
one or more |
| 23 | | locations in the proximity of these units where the notices of
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| 24 | | meetings shall be posted;
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| 25 | | (10) that the board shall meet at least 4 times annually;
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| 26 | | (11) that no member of the board or officer shall be |
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| 1 | | elected for a term
of more than 2 years, but that officers and |
| 2 | | board members may succeed
themselves;
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| 3 | | (12) the designation of an officer to mail and receive all |
| 4 | | notices and
execute amendments to condominium instruments as |
| 5 | | provided for in this Act
and in the condominium instruments;
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| 6 | | (13) the method of filling vacancies on the board
which |
| 7 | | shall include authority for the remaining members of the board |
| 8 | | to
fill the vacancy by two-thirds vote until the next annual |
| 9 | | meeting of unit
owners or for a period terminating no later |
| 10 | | than 30 days following the
filing of a petition signed by unit |
| 11 | | owners holding 20% of the votes of the
association requesting a |
| 12 | | meeting of the unit owners to fill the vacancy for
the balance |
| 13 | | of the term, and that a meeting of the unit owners shall be
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| 14 | | called for purposes of filling a vacancy on the board no later |
| 15 | | than 30 days
following the filing of a petition signed by unit |
| 16 | | owners holding 20% of the
votes of the association requesting |
| 17 | | such a meeting, and the method of filling
vacancies among the |
| 18 | | officers that shall include the authority for the members
of |
| 19 | | the board to fill the vacancy for the unexpired portion of the |
| 20 | | term;
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| 21 | | (14) what percentage of the board of managers, if other |
| 22 | | than a majority,
shall constitute a quorum;
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| 23 | | (15) provisions concerning notice of board meetings to |
| 24 | | members of the
board;
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| 25 | | (16) the board of managers may not enter into a contract |
| 26 | | with a
current board member
or with a corporation or |
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| 1 | | partnership in which a board
member or a member of the board |
| 2 | | member's immediate family has 25% or
more interest, unless |
| 3 | | notice of intent to enter the
contract is given to unit owners |
| 4 | | within 20 days after a decision is made
to enter into the |
| 5 | | contract and the unit owners are
afforded an opportunity by |
| 6 | | filing a petition, signed by 20% of the unit
owners, for an |
| 7 | | election to approve or disapprove the contract;
such petition |
| 8 | | shall be filed within 20 days after such notice and such
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| 9 | | election shall be held within 30 days after filing the |
| 10 | | petition; for purposes
of this subsection, a board member's |
| 11 | | immediate family means the board member's
spouse, parents, and |
| 12 | | children;
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| 13 | | (17) that the board of managers may disseminate
to unit |
| 14 | | owners biographical and background information about |
| 15 | | candidates for
election to the board if (i) reasonable efforts |
| 16 | | to identify all candidates are
made and all candidates are |
| 17 | | given an opportunity to include biographical and
background |
| 18 | | information in the information to be disseminated; and (ii) the
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| 19 | | board does not express a preference in favor of any candidate;
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| 20 | | (18) any proxy distributed for board elections
by the board |
| 21 | | of managers gives unit owners the
opportunity to designate any |
| 22 | | person as the proxy holder, and gives the unit
owner the |
| 23 | | opportunity to express a preference for any of the known
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| 24 | | candidates for the board or to write in a name;
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| 25 | | (19) that special meetings of the board of managers can be |
| 26 | | called by
the president or 25% of the members of the board; and
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| 1 | | (20) that the board of managers may establish
and maintain |
| 2 | | a system of master metering of public utility services and
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| 3 | | collect payments in connection therewith, subject to the |
| 4 | | requirements of the
Tenant Utility Payment Disclosure Act.
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| 5 | | (b)(1) What percentage of the unit owners, if other than |
| 6 | | 20%, shall
constitute a quorum provided that, for condominiums |
| 7 | | with 20 or more units,
the percentage of unit owners |
| 8 | | constituting a quorum shall be 20% unless the
unit owners |
| 9 | | holding a majority of the percentage interest in the
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| 10 | | association provide for a higher percentage, provided that in |
| 11 | | voting on amendments to the association's bylaws, a unit owner |
| 12 | | who is in arrears on the unit owner's regular or separate |
| 13 | | assessments for 60 days or more, shall not be counted for |
| 14 | | purposes of determining if a quorum is present, but that unit |
| 15 | | owner retains the right to vote on amendments to the |
| 16 | | association's bylaws;
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| 17 | | (2) that the association shall have one class of |
| 18 | | membership;
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| 19 | | (3) that the members shall hold an annual meeting, one of |
| 20 | | the purposes
of which shall be to elect members of the board of |
| 21 | | managers;
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| 22 | | (4) the method of calling meetings of the unit owners;
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| 23 | | (5) that special meetings of the members can be called by |
| 24 | | the president,
board of managers, or by 20% of unit owners;
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| 25 | | (6) that written notice of any membership meeting shall be |
| 26 | | mailed
or delivered giving members no less than 10 and no more |
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| 1 | | than 30 days
notice of the time, place and purpose of such |
| 2 | | meeting except that notice may be sent, to the extent the |
| 3 | | condominium instruments or rules adopted thereunder expressly |
| 4 | | so provide, by electronic transmission consented to by the unit |
| 5 | | owner to whom the notice is given, provided the director and |
| 6 | | officer or his agent certifies in writing to the delivery by |
| 7 | | electronic transmission;
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| 8 | | (7) that voting shall be on a percentage basis, and that |
| 9 | | the percentage
vote to which each unit is entitled is the |
| 10 | | percentage interest of the
undivided ownership of the common |
| 11 | | elements appurtenant thereto, provided
that the bylaws may |
| 12 | | provide for approval by unit owners in connection with
matters |
| 13 | | where the requisite approval on a percentage basis is not |
| 14 | | specified
in this Act, on the basis of one vote per unit;
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| 15 | | (8) that, where there is more than one owner of a unit, if |
| 16 | | only one
of the multiple owners is present at a meeting of the |
| 17 | | association, he is
entitled to cast all the votes allocated to |
| 18 | | that unit, if more than one of
the multiple owners are present, |
| 19 | | the votes allocated to that unit may be
cast only in accordance |
| 20 | | with the agreement of a majority in interest of the
multiple |
| 21 | | owners, unless the declaration expressly provides otherwise, |
| 22 | | that
there is majority agreement if any one of the multiple |
| 23 | | owners cast the
votes allocated to that unit without protest |
| 24 | | being made promptly to the
person presiding over the meeting by |
| 25 | | any of the other owners of the unit;
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| 26 | | (9)(A) except as provided in subparagraph (B) of this |
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| 1 | | paragraph (9) in
connection with board elections, that
a unit |
| 2 | | owner may vote by proxy executed in writing by the unit
owner |
| 3 | | or by his duly authorized attorney in fact; that the proxy must |
| 4 | | bear the date of
execution
and, unless the condominium |
| 5 | | instruments or the written proxy itself provide
otherwise, is
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| 6 | | invalid after 11 months from the date of its execution; to the |
| 7 | | extent the condominium instruments or rules adopted thereunder |
| 8 | | expressly so provide, a vote or proxy may be submitted by |
| 9 | | electronic transmission, provided that any such electronic |
| 10 | | transmission shall either set forth or be submitted with |
| 11 | | information from which it can be determined that the electronic |
| 12 | | transmission was authorized by the unit owner or the unit |
| 13 | | owner's proxy;
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| 14 | | (B) that if a rule adopted at least 120 days before a board |
| 15 | | election
or the
declaration or bylaws provide for balloting as |
| 16 | | set forth in this subsection,
unit
owners may not vote by proxy |
| 17 | | in board elections, but may vote only (i) by
submitting an |
| 18 | | association-issued ballot in person at the election meeting or
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| 19 | | (ii) by
submitting an association-issued ballot to the |
| 20 | | association or its designated
agent
by mail or other means of |
| 21 | | delivery specified in the declaration, bylaws, or
rule; that
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| 22 | | the ballots shall be mailed or otherwise distributed to unit |
| 23 | | owners not less
than 10
and not more than 30 days before the |
| 24 | | election meeting, and the board shall give
unit owners not less |
| 25 | | than 21 days' prior written notice of the deadline for
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| 26 | | inclusion of a candidate's name on the ballots; that the |
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| 1 | | deadline shall be no
more
than 7 days before the ballots are |
| 2 | | mailed or otherwise distributed to unit
owners; that
every such |
| 3 | | ballot must include the names of all candidates who have given |
| 4 | | the
board or its authorized agent timely written notice of |
| 5 | | their candidacy and must
give the person casting the ballot the |
| 6 | | opportunity to cast votes for candidates
whose names do not |
| 7 | | appear on the ballot; that a ballot received by the
association
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| 8 | | or
its designated agent after the close of voting shall not be |
| 9 | | counted; that a
unit
owner
who submits a ballot by mail or |
| 10 | | other means of delivery specified in the
declaration, bylaws, |
| 11 | | or rule may request and cast a ballot in person at the
election
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| 12 | | meeting, and thereby void any ballot previously submitted by |
| 13 | | that unit owner; |
| 14 | | (B-5) that if a rule adopted at least 120 days before a |
| 15 | | board election or the declaration or bylaws provide for |
| 16 | | balloting as set forth in this subparagraph, unit owners may |
| 17 | | not vote by proxy in board elections, but may vote only (i) by |
| 18 | | submitting an association-issued ballot in person at the |
| 19 | | election meeting; or (ii) by any acceptable technological means |
| 20 | | as defined in Section 2 of this Act; instructions regarding the |
| 21 | | use of electronic means for voting shall be distributed to all |
| 22 | | unit owners not less than 10 and not more than 30 days before |
| 23 | | the election meeting, and the board shall give unit owners not |
| 24 | | less than 21 days' prior written notice of the deadline for |
| 25 | | inclusion of a candidate's name on the ballots; the deadline |
| 26 | | shall be no more than 7 days before the instructions for voting |
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| 1 | | using electronic or acceptable technological means is |
| 2 | | distributed to unit owners; every instruction notice must |
| 3 | | include the names of all candidates who have given the board or |
| 4 | | its authorized agent timely written notice of their candidacy |
| 5 | | and must give the person voting through electronic or |
| 6 | | acceptable technological means the opportunity to cast votes |
| 7 | | for candidates whose names do not appear on the ballot; a unit |
| 8 | | owner who submits a vote using electronic or acceptable |
| 9 | | technological means may request and cast a ballot in person at |
| 10 | | the election meeting, thereby voiding any vote previously |
| 11 | | submitted by that unit owner;
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| 12 | | (C) that if a written petition by unit owners with at least |
| 13 | | 20% of the
votes of
the association is delivered to the board |
| 14 | | within 14 days after the board's
approval
of a rule adopted |
| 15 | | pursuant to subparagraph (B) or subparagraph (B-5) of this |
| 16 | | paragraph (9), the board
shall call a meeting of the unit |
| 17 | | owners within 30 days after the date of
delivery of
the |
| 18 | | petition; that unless a majority of the total votes of the unit |
| 19 | | owners are
cast
at the
meeting to reject the rule, the rule is |
| 20 | | ratified;
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| 21 | | (D) that votes cast by ballot under subparagraph (B) or |
| 22 | | electronic or acceptable technological means under |
| 23 | | subparagraph (B-5) of this paragraph (9) are valid for the |
| 24 | | purpose of establishing a quorum;
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| 25 | | (10) that the association may, upon adoption of the |
| 26 | | appropriate rules by
the board of managers, conduct elections |
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| 1 | | by secret ballot whereby the voting
ballot is marked only with |
| 2 | | the percentage interest for the unit and the vote
itself, |
| 3 | | provided that the board further adopt rules to verify the |
| 4 | | status of the
unit owner issuing a proxy or casting a ballot; |
| 5 | | and further, that a candidate
for election to the board of |
| 6 | | managers or such
candidate's representative shall have the |
| 7 | | right to be present at the
counting of ballots at such |
| 8 | | election;
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| 9 | | (11) that in the event of a resale of a condominium unit |
| 10 | | the purchaser
of a unit from a seller other than the developer |
| 11 | | pursuant to an installment
contract for purchase shall during |
| 12 | | such times as he or she resides in the
unit be counted toward a |
| 13 | | quorum for purposes of election of members of the
board of |
| 14 | | managers at any meeting of the unit owners called for purposes |
| 15 | | of
electing members of the board, shall have the right to vote |
| 16 | | for the
election of members of the board of managers and to be |
| 17 | | elected to and serve
on the board of managers unless the seller |
| 18 | | expressly retains in writing any
or all of such rights. In no |
| 19 | | event may the seller and purchaser both be
counted toward a |
| 20 | | quorum, be permitted to vote for a particular office or be
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| 21 | | elected and serve on the board. Satisfactory evidence of the |
| 22 | | installment
contact shall be made available to the association |
| 23 | | or its agents. For
purposes of this subsection, "installment |
| 24 | | contact" shall have the same
meaning as set forth in Section 1 |
| 25 | | (e) of "An Act relating to installment
contracts to sell |
| 26 | | dwelling structures", approved August 11, 1967, as amended;
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| 1 | | (12) the method by which matters subject to the approval of |
| 2 | | unit owners
set forth in this Act, or in the condominium |
| 3 | | instruments, will be
submitted to the unit owners at special |
| 4 | | membership meetings called for such
purposes; and
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| 5 | | (13) that matters subject to the affirmative vote of not |
| 6 | | less than 2/3
of the votes of unit owners at a meeting duly |
| 7 | | called for that purpose,
shall include, but not be limited to:
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| 8 | | (i) merger or consolidation of the association;
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| 9 | | (ii) sale, lease, exchange, or other disposition |
| 10 | | (excluding the mortgage
or pledge) of all, or substantially |
| 11 | | all of the property and assets of the
association; and
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| 12 | | (iii) the purchase or sale of land or of units on |
| 13 | | behalf of all unit owners.
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| 14 | | (c) Election of a president from among the board of |
| 15 | | managers, who shall
preside over the meetings of the board of |
| 16 | | managers and of the unit owners.
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| 17 | | (d) Election of a secretary from among the board of |
| 18 | | managers, who shall
keep the minutes of all meetings
of the |
| 19 | | board of managers and of the unit owners and who shall, in |
| 20 | | general,
perform all the duties incident to the office of |
| 21 | | secretary.
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| 22 | | (e) Election of a treasurer from among the board of |
| 23 | | managers, who shall
keep the financial records and
books of |
| 24 | | account.
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| 25 | | (f) Maintenance, repair and replacement of the common |
| 26 | | elements and
payments therefor, including the method of |
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| 1 | | approving payment vouchers.
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| 2 | | (g) An association with 30 or more units shall obtain and |
| 3 | | maintain
fidelity insurance covering persons who control or |
| 4 | | disburse funds of the
association for the maximum amount of |
| 5 | | coverage available to protect funds
in the custody or control |
| 6 | | of the association plus the association reserve
fund. All |
| 7 | | management companies which are responsible for the funds held |
| 8 | | or
administered by the association shall maintain and furnish |
| 9 | | to the
association a fidelity bond for the maximum amount of |
| 10 | | coverage available to
protect funds in the custody of the |
| 11 | | management company at any time. The
association shall bear the |
| 12 | | cost of the fidelity insurance and fidelity
bond, unless |
| 13 | | otherwise provided by contract between the association and a
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| 14 | | management company. The association shall be the direct obligee |
| 15 | | of any
such fidelity bond. A management company holding reserve |
| 16 | | funds of an
association shall at all times maintain a separate |
| 17 | | account for each
association, provided, however, that for |
| 18 | | investment purposes, the Board of
Managers of an association |
| 19 | | may authorize a management company to maintain
the |
| 20 | | association's reserve funds in a single interest bearing |
| 21 | | account with
similar funds of other associations. The |
| 22 | | management company shall at all
times maintain records |
| 23 | | identifying all moneys of each association in such
investment |
| 24 | | account. The management company may hold all operating funds of
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| 25 | | associations which it manages in a single operating account but |
| 26 | | shall at
all times maintain records identifying all moneys of |
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| 1 | | each association in
such operating account. Such operating and |
| 2 | | reserve funds held by the
management company for the |
| 3 | | association shall not be subject to attachment
by any creditor |
| 4 | | of the management company.
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| 5 | | For the purpose of this subsection a management company |
| 6 | | shall be
defined as a person, partnership, corporation, or |
| 7 | | other legal entity
entitled to transact business on behalf of |
| 8 | | others, acting on behalf of or
as an agent for a unit owner, |
| 9 | | unit owners or association of unit owners for
the purpose of |
| 10 | | carrying out the duties, responsibilities, and other
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| 11 | | obligations necessary for the day to day operation and |
| 12 | | management of any
property subject to this Act. For purposes of |
| 13 | | this subsection, the term
"fiduciary insurance coverage" shall |
| 14 | | be defined as both a fidelity bond and
directors and officers |
| 15 | | liability coverage, the fidelity bond in the full
amount of |
| 16 | | association funds and association reserves that will be in the
|
| 17 | | custody of the association, and the directors and officers |
| 18 | | liability
coverage at a level as shall be determined to be |
| 19 | | reasonable by the board of
managers, if not otherwise |
| 20 | | established by the declaration or by laws.
|
| 21 | | Until one year after the effective date of this amendatory |
| 22 | | Act of 1985,
if a condominium association has reserves plus |
| 23 | | assessments in excess of
$250,000 and cannot reasonably obtain |
| 24 | | 100% fidelity bond coverage for such
amount, then it must |
| 25 | | obtain a fidelity bond coverage of $250,000.
|
| 26 | | (h) Method of estimating the amount of the annual budget, |
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| 1 | | and the manner
of assessing and collecting from the unit owners |
| 2 | | their respective shares of
such estimated expenses, and of any |
| 3 | | other expenses lawfully agreed upon.
|
| 4 | | (i) That upon 10 days notice to the manager or board of |
| 5 | | managers and
payment of a reasonable fee, any unit owner shall |
| 6 | | be furnished a statement
of his account setting forth the |
| 7 | | amount of any unpaid assessments or other
charges due and owing |
| 8 | | from such owner.
|
| 9 | | (j) Designation and removal of personnel necessary for the |
| 10 | | maintenance,
repair and replacement of the common elements.
|
| 11 | | (k) Such restrictions on and requirements respecting the |
| 12 | | use and
maintenance of the units and the use of the common |
| 13 | | elements, not set forth
in the declaration, as are designed to |
| 14 | | prevent unreasonable interference
with the use of their |
| 15 | | respective units and of the common elements by the
several unit |
| 16 | | owners.
|
| 17 | | (l) Method of adopting and of amending administrative rules |
| 18 | | and
regulations governing the operation and use of the common |
| 19 | | elements.
|
| 20 | | (m) The percentage of votes required to modify or amend the |
| 21 | | bylaws, but
each one of the particulars set forth in this |
| 22 | | section shall always be
embodied in the bylaws.
|
| 23 | | (n)(i) The provisions of this Act, the declaration, bylaws, |
| 24 | | other
condominium instruments, and rules and regulations that |
| 25 | | relate to the use
of the individual unit or the common elements |
| 26 | | shall be applicable to
any person leasing a unit and shall be |
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| 1 | | deemed to be incorporated in any
lease executed or renewed on |
| 2 | | or after the effective date of this amendatory
Act of 1984. |
| 3 | | (ii) With regard to any lease entered into subsequent to the
|
| 4 | | effective date of this amendatory Act of 1989, the unit owner |
| 5 | | leasing the
unit shall deliver a copy of the signed lease to |
| 6 | | the board or if the
lease is oral, a memorandum of the lease, |
| 7 | | not later than the date of
occupancy or 10 days after the lease |
| 8 | | is signed, whichever occurs first. In
addition to any other |
| 9 | | remedies, by filing an action jointly against the
tenant and |
| 10 | | the unit owner, an association may seek to enjoin a tenant from
|
| 11 | | occupying a unit or seek to evict a tenant under the provisions |
| 12 | | of Article
IX of the Code of Civil Procedure for failure of the |
| 13 | | lessor-owner to
comply with the leasing requirements |
| 14 | | prescribed by
this Section or by the declaration, bylaws, and
|
| 15 | | rules and regulations. The board of managers may proceed |
| 16 | | directly against a
tenant, at law or in equity, or under the |
| 17 | | provisions of Article IX of the
Code of Civil Procedure, for |
| 18 | | any other breach by tenant of any
covenants, rules, regulations |
| 19 | | or bylaws.
|
| 20 | | (o) The association shall have no authority to forbear the |
| 21 | | payment
of assessments by any unit owner.
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| 22 | | (p) That when 30% or fewer of the units, by number,
possess |
| 23 | | over 50% in the aggregate of the votes in the association,
any |
| 24 | | percentage vote of members specified herein or in the |
| 25 | | condominium
instruments shall require the specified percentage |
| 26 | | by number of units
rather than by percentage of interest in the |
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| 1 | | common elements allocated
to units that would otherwise be |
| 2 | | applicable and garage units or storage units, or both, shall |
| 3 | | have, in total, no more votes than their aggregate percentage |
| 4 | | of ownership in the common elements; this shall mean that if |
| 5 | | garage units or storage units, or both, are to be given a vote, |
| 6 | | or portion of a vote, that the association must add the total |
| 7 | | number of votes cast of garage units, storage units, or both, |
| 8 | | and divide the total by the number of garage units, storage |
| 9 | | units, or both, and multiply by the aggregate percentage of |
| 10 | | ownership of garage units and storage units to determine the |
| 11 | | vote, or portion of a vote, that garage units or storage units, |
| 12 | | or both, have. For purposes of this subsection (p), when making |
| 13 | | a determination of whether 30% or fewer of the units, by |
| 14 | | number, possess over 50% in the aggregate of the votes in the |
| 15 | | association, a unit shall not include a garage unit or a |
| 16 | | storage unit.
|
| 17 | | (q) That a unit owner may not assign, delegate, transfer, |
| 18 | | surrender, or
avoid the duties, responsibilities, and |
| 19 | | liabilities of a unit owner under this
Act, the condominium |
| 20 | | instruments, or the rules and regulations of the
Association; |
| 21 | | and that such an attempted assignment, delegation, transfer,
|
| 22 | | surrender, or avoidance shall be deemed void.
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| 23 | | (r) That upon request, any person who makes payments for |
| 24 | | common expenses shall be furnished a copy of any legally |
| 25 | | binding agreements between the association and each management |
| 26 | | company retained by the association. |
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| 1 | | The provisions of this Section are applicable to all |
| 2 | | condominium
instruments recorded under this Act. Any portion of |
| 3 | | a condominium
instrument which contains provisions contrary to |
| 4 | | these provisions shall be
void as against public policy and |
| 5 | | ineffective. Any such instrument which
fails to contain the |
| 6 | | provisions required by this Section shall be deemed to
|
| 7 | | incorporate such provisions by operation of law.
|
| 8 | | (Source: P.A. 98-1042, eff. 1-1-15.)
|
| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
|