Bill Text: IL HB4783 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Condominium Property Act. Provides that any provision in a condominium instrument is void as against public policy and ineffective if it limits or restricts the rights of the board of managers by: (1) requiring the prior consent of the unit owners in order for the board of managers to take certain actions, including the institution of any action in court or a demand for a trial by jury; or (2) requiring the board of managers to arbitrate or mediate a dispute with any one or more of all of the declarants under the condominium instruments or the developer or any person not then a unit owner prior to the institution of any action by the board of managers or a demand for a trial by jury. Provides that a provision in a declaration which would otherwise be void and ineffective under the provisions of the amendatory Act 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1068 [HB4783 Detail]

Download: Illinois-2013-HB4783-Chaptered.html

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Public Act 098-1068
HB4783 Enrolled LRB098 17140 HEP 52227 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
adding Section 18.8 as follows:
(765 ILCS 605/18.8 new)
Sec. 18.8. Common elements; rights of board.
(a) Any provision in a condominium instrument is void as
against public policy and ineffective if it limits or restricts
the rights of the board of managers by:
(1) requiring the prior consent of the unit owners in
order for the board of managers to take any action,
including the institution of any action in court or a
demand for a trial by jury; or
(2) notwithstanding Section 32 of this Act, requiring
the board of managers to arbitrate or mediate a dispute
with any one or more of all of the declarants under the
condominium instruments or the developer or any person not
then a unit owner prior to the institution of any action by
the board of managers or a demand for a trial by jury.
(b) A provision in a declaration which would otherwise be
void and ineffective under this Section 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.