HB2644 Engrossed 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

HB2644 Engrossed - 2 - LRB099 07617 HEP 27748 b
1		action by the board of managers under subsection (b) of
2		Section 9.1 or a demand for a trial by jury.
3		(b) A provision in a declaration which would otherwise be
4		void and ineffective under this Section may be enforced if it
5		is approved by a vote of not less than 75% of the unit owners at
6		any time after the election of the first unit owner board of
7		managers.
8		(Source: P.A. 98-1068, eff. 1-1-15; revised 10-20-14.)