Bill Amendment: IL SB0157 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIVIL LAW-TECH

Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0157 Detail]

Download: Illinois-2015-SB0157-Senate_Amendment_001.html

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Sen. Don Harmon

Filed: 4/2/2015

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AMENDMENT TO SENATE BILL 157
AMENDMENT NO. ______. Amend Senate Bill 157 by replacing
everything after the enacting clause with the following:
"Section 5. The Condominium Property Act is amended by
changing Sections 2, 9, and 22.1 as follows:
(765 ILCS 605/2) (from Ch. 30, par. 302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Declaration" means the instrument by which the
property is submitted to the provisions of this Act, as
hereinafter provided, and such declaration as from time to time
amended.
(b) "Parcel" means the lot or lots, tract or tracts of
land, described in the declaration, submitted to the provisions
of this Act.
(c) "Property" means all the land, property and space

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comprising the parcel, all improvements and structures
erected, constructed or contained therein or thereon,
including the building and all easements, rights and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit or enjoyment of
the unit owners, submitted to the provisions of this Act.
(d) "Unit" means a part of the property designed and
intended for any type of independent use.
(e) "Common Elements" means all portions of the property
except the units, including limited common elements unless
otherwise specified.
(f) "Person" means a natural individual, corporation,
partnership, trustee or other legal entity capable of holding
title to real property.
(g) "Unit Owner" means the person or persons whose estates
or interests, individually or collectively, aggregate fee
simple absolute ownership of a unit, or, in the case of a
leasehold condominium, the lessee or lessees of a unit whose
leasehold ownership of the unit expires simultaneously with the
lease described in item (x) of this Section.
(h) "Majority" or "majority of the unit owners" means the
owners of more than 50% in the aggregate in interest of the
undivided ownership of the common elements. Any specified
percentage of the unit owners means such percentage in the
aggregate in interest of such undivided ownership. "Majority"
or "majority of the members of the board of managers" means

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more than 50% of the total number of persons constituting such
board pursuant to the bylaws. Any specified percentage of the
members of the board of managers means that percentage of the
total number of persons constituting such board pursuant to the
bylaws.
(i) "Plat" means a plat or plats of survey of the parcel
and of all units in the property submitted to the provisions of
this Act, which may consist of a three-dimensional horizontal
and vertical delineation of all such units.
(j) "Record" means to record in the office of the recorder
or, whenever required, to file in the office of the Registrar
of Titles of the county wherein the property is located.
(k) "Conversion Condominium" means a property which
contains structures, excepting those newly constructed and
intended for condominium ownership, which are, or have
previously been, wholly or partially occupied before recording
of condominium instruments by persons other than those who have
contracted for the purchase of condominiums.
(l) "Condominium Instruments" means all documents and
authorized amendments thereto recorded pursuant to the
provisions of the Act, including the declaration, bylaws and
plat.
(m) "Common Expenses" means the proposed or actual expenses
affecting the property, including reserves, if any, lawfully
assessed by the Board of Managers of the Unit Owner's
Association.

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(n) "Reserves" means those sums paid by unit owners which
are separately maintained by the board of managers for purposes
specified by the board of managers or the condominium
instruments.
(o) "Unit Owners' Association" or "Association" means the
association of all the unit owners, acting pursuant to bylaws
through its duly elected board of managers.
(p) "Purchaser" means any person or persons other than the
Developer who purchase a unit in a bona fide transaction for
value.
(q) "Developer" means any person who submits property
legally or equitably owned in fee simple by the developer, or
leased to the developer under a lease described in item (x) of
this Section, to the provisions of this Act, or any person who
offers units legally or equitably owned in fee simple by the
developer, or leased to the developer under a lease described
in item (x) of this Section, for sale in the ordinary course of
such person's business, including any successor or successors
to such developers' entire interest in the property other than
the purchaser of an individual unit.
(r) "Add-on Condominium" means a property to which
additional property may be added in accordance with condominium
instruments and this Act.
(s) "Limited Common Elements" means a portion of the common
elements so designated in the declaration as being reserved for
the use of a certain unit or units to the exclusion of other

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units, including but not limited to balconies, terraces, patios
and parking spaces or facilities.
(t) "Building" means all structures, attached or
unattached, containing one or more units.
(u) "Master Association" means an organization described
in Section 18.5 whether or not it is also an association
described in Section 18.3.
(v) "Developer Control" means such control at a time prior
to the election of the Board of Managers provided for in
Section 18.2(b) of this Act.
(w) "Meeting of Board of Managers or Board of Master
Association" means any gathering of a quorum of the members of
the Board of Managers or Board of the Master Association held
for the purpose of conducting board business.
(x) "Leasehold Condominium" means a property submitted to
the provisions of this Act which is subject to a lease, the
expiration or termination of which would terminate the
condominium and the lessor of which is (i) exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, (ii) a limited liability company whose sole member
is exempt from taxation under Section 501 (c)(3) of the
Internal Revenue Code of 1986, as amended, or (iii) a Public
Housing Authority created pursuant to the Housing Authorities
Act that is located in a municipality having a population in
excess of 1,000,000 inhabitants.
(y) "Electronic transmission" means any form of

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communication, not directly involving the physical
transmission of paper, that creates a record that may be
retained, retrieved, and reviewed by a recipient and that may
be directly reproduced in paper form by the recipient through
an automated process.
(z) "Acceptable technological means" includes, without
limitation, electronic transmission over the Internet or other
network, whether by direct connection, intranet, telecopier,
or electronic mail.
(aa) "Real estate owned purchaser" or "REO purchaser" means
a purchaser of a condominium unit from a mortgagee or its
assignee who acquired title through a judicial foreclosure, a
consent foreclosure, a common law strict foreclosure, or the
delivery of a deed in lieu of foreclosure.
(Source: P.A. 98-1042, eff. 1-1-15.)
(765 ILCS 605/9) (from Ch. 30, par. 309)
Sec. 9. Sharing of expenses - Lien for nonpayment.
(a) All common expenses incurred or accrued prior to the
first conveyance of a unit shall be paid by the developer, and
during this period no common expense assessment shall be
payable to the association. It shall be the duty of each unit
owner including the developer to pay his proportionate share of
the common expenses commencing with the first conveyance. The
proportionate share shall be in the same ratio as his
percentage of ownership in the common elements set forth in the

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declaration.
(b) The condominium instruments may provide that common
expenses for insurance premiums be assessed on a basis
reflecting increased charges for coverage on certain units.
(c) Budget and reserves.
(1) The board of managers shall prepare and distribute
to all unit owners a detailed proposed annual budget,
setting forth with particularity all anticipated common
expenses by category as well as all anticipated assessments
and other income. The initial budget and common expense
assessment based thereon shall be adopted prior to the
conveyance of any unit. The budget shall also set forth
each unit owner's proposed common expense assessment.
(2) All budgets adopted by a board of managers on or
after July 1, 1990 shall provide for reasonable reserves
for capital expenditures and deferred maintenance for
repair or replacement of the common elements. To determine
the amount of reserves appropriate for an association, the
board of managers shall take into consideration the
following: (i) the repair and replacement cost, and the
estimated useful life, of the property which the
association is obligated to maintain, including but not
limited to structural and mechanical components, surfaces
of the buildings and common elements, and energy systems
and equipment; (ii) the current and anticipated return on
investment of association funds; (iii) any independent

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professional reserve study which the association may
obtain; (iv) the financial impact on unit owners, and the
market value of the condominium units, of any assessment
increase needed to fund reserves; and (v) the ability of
the association to obtain financing or refinancing.
(3) Notwithstanding the provisions of this subsection
(c), an association without a reserve requirement in its
condominium instruments may elect to waive in whole or in
part the reserve requirements of this Section by a vote of
2/3 of the total votes of the association. Any association
having elected under this paragraph (3) to waive the
provisions of subsection (c) may by a vote of 2/3 of the
total votes of the association elect to again be governed
by the requirements of subsection (c).
(4) In the event that an association elects to waive
all or part of the reserve requirements of this Section,
that fact must be disclosed after the meeting at which the
waiver occurs by the association in the financial
statements of the association and, highlighted in bold
print, in the response to any request of a prospective
purchaser for the information prescribed under Section
22.1; and no member of the board of managers or the
managing agent of the association shall be liable, and no
cause of action may be brought for damages against these
parties, for the lack or inadequacy of reserve funds in the
association budget.

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(d) (Blank).
(e) The condominium instruments may provide for the
assessment, in connection with expenditures for the limited
common elements, of only those units to which the limited
common elements are assigned.
(f) Payment of any assessment shall be in amounts and at
times determined by the board of managers.
(g) Lien.
(1) If any unit owner shall fail or refuse to make any
payment of the common expenses or the amount of any unpaid
fine when due, the amount thereof together with any
interest, late charges, reasonable attorney fees incurred
enforcing the covenants of the condominium instruments,
rules and regulations of the board of managers, or any
applicable statute or ordinance, and costs of collections
shall constitute a lien on the interest of the unit owner
in the property prior to all other liens and encumbrances,
recorded or unrecorded, except only (a) taxes, special
assessments and special taxes theretofore or thereafter
levied by any political subdivision or municipal
corporation of this State and other State or federal taxes
which by law are a lien on the interest of the unit owner
prior to preexisting recorded encumbrances thereon and (b)
encumbrances on the interest of the unit owner recorded
prior to the date of such failure or refusal which by law
would be a lien thereon prior to subsequently recorded

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encumbrances. Any action brought to extinguish the lien of
the association shall include the association as a party.
(2) With respect to encumbrances executed prior to
August 30, 1984 or encumbrances executed subsequent to
August 30, 1984 which are neither bonafide first mortgages
nor trust deeds and which encumbrances contain a statement
of a mailing address in the State of Illinois where notice
may be mailed to the encumbrancer thereunder, if and
whenever and as often as the manager or board of managers
shall send, by United States certified or registered mail,
return receipt requested, to any such encumbrancer at the
mailing address set forth in the recorded encumbrance a
statement of the amounts and due dates of the unpaid common
expenses with respect to the encumbered unit, then, unless
otherwise provided in the declaration or bylaws, the prior
recorded encumbrance shall be subject to the lien of all
unpaid common expenses with respect to the unit which
become due and payable within a period of 90 days after the
date of mailing of each such notice.
(3) The purchaser of a condominium unit at a judicial
foreclosure sale, or a mortgagee who receives title to a
unit by deed in lieu of foreclosure or judgment by common
law strict foreclosure or otherwise takes possession
pursuant to court order under the Illinois Mortgage
Foreclosure Law, shall have the duty to pay the unit's
proportionate share of the common expenses for the unit

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assessed from and after the first day of the month after
the date of the judicial foreclosure sale, delivery of the
deed in lieu of foreclosure, entry of a judgment in common
law strict foreclosure, or taking of possession pursuant to
such court order. Such payment confirms the extinguishment
of any lien created pursuant to paragraph (1) or (2) of
this subsection (g) by virtue of the failure or refusal of
a prior unit owner to make payment of common expenses,
where the judicial foreclosure sale has been confirmed by
order of the court, a deed in lieu thereof has been
accepted by the lender, or a consent judgment has been
entered by the court.
(4) The purchaser of a condominium unit at a judicial
foreclosure sale, other than a mortgagee or its assignee,
who takes possession of a condominium unit pursuant to a
court order, or an REO a purchaser who acquires title from
a mortgagee shall have the duty to pay the proportionate
share, if any, of the common expenses for the unit which
would have become due in the absence of any assessment
acceleration during the 6 months immediately preceding the
date of the judicial foreclosure sale, delivery of a deed
in lieu of foreclosure, entry of a judgment in common law
strict foreclosure, or the taking of possession pursuant to
a court order under the Illinois Mortgage Foreclosure Law.
institution of an action to enforce the collection of
assessments, and which remain unpaid by the owner during

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whose possession the assessments accrued. If the
outstanding assessments are paid at any time during any
action to enforce the collection of assessments,
(4.5) The the purchaser or REO purchaser identified in
subdivision (g)(4) of this Section shall have no obligation
to pay any assessments which accrued before he or she
acquired title, if: .
(A) the outstanding assessments described in
subdivision (g)(4) of this Section are paid at any time
during any action to enforce the collection of
assessments; or
(B) the association has been named as a party
defendant in the foreclosure proceeding and fails to
deliver to the mortgagee and record in a timely manner
in the office of the recorder of deeds of the county in
which the unit is located a notice stating the amount
of common expenses due under subdivision (g)(4) of this
Section, including an itemization of the common
expenses comprising that amount; the itemization shall
specify, without limitation, regular monthly
assessments, special assessments, late charges,
interest, reasonable attorney's fees, and other costs
and expenses that comprise the total amount of common
expenses due under subdivision (g)(4) of this Section;
delivery and recordation of the notice in a timely
manner means the notice is delivered and recorded no

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later than 14 days prior to the date of the judicial
foreclosure sale, entry of a judgment in a common law
strict foreclosure, or the taking of possession
pursuant to a court order under the Illinois Mortgage
Foreclosure Law.
(4.7) The association shall not charge or in any manner
collect from the purchaser or REO purchaser any common
expense amount that is not specified in the itemization on
the recorded notice required under subdivision (g)(4.5) of
this Section, except that the association may recover any
additional common expense amount that accrues after the
date of recordation of the notice until the date
immediately preceding the date of the judicial foreclosure
sale, entry of a judgment in common law strict foreclosure,
or the taking of possession pursuant to a court order under
the Illinois Mortgage Foreclosure Law. The total amount of
the recovery of common expenses, including any additional
common expense amount authorized under this paragraph
(4.7), shall not exceed the limit set forth in subdivision
(g)(4) of this Section.
(5) The notice of sale of a condominium unit under
subsection (c) of Section 15-1507 of the Code of Civil
Procedure shall state that the purchaser of the unit other
than a mortgagee shall pay to the association the amounts
the assessments and the legal fees required by subdivision
subdivisions (g)(1) and (g)(4) of this Section 9 of this

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Act. The statement of assessment account issued by the
association to a unit owner under subsection (i) of Section
18 of this Act, and the disclosure statement issued to a
prospective purchaser under Section 22.1 of this Act, shall
state the amount of the common expenses assessments and the
legal fees, if any, required by subdivision subdivisions
(g)(1) and (g)(4) of this Section 9 of this Act.
(h) A lien for common expenses shall be in favor of the
members of the board of managers and their successors in office
and shall be for the benefit of all other unit owners. Notice
of the lien may be recorded by the board of managers, or if the
developer is the manager or has a majority of seats on the
board of managers and the manager or board of managers fails to
do so, any unit owner may record notice of the lien. Upon the
recording of such notice the lien may be foreclosed by an
action brought in the name of the board of managers in the same
manner as a mortgage of real property.
(i) Unless otherwise provided in the declaration, the
members of the board of managers and their successors in
office, acting on behalf of the other unit owners, shall have
the power to bid on the interest so foreclosed at the
foreclosure sale, and to acquire and hold, lease, mortgage and
convey it.
(j) Any encumbrancer may from time to time request in
writing a written statement from the manager or board of
managers setting forth the unpaid common expenses with respect

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to the unit covered by his encumbrance. Unless the request is
complied with within 20 days, all unpaid common expenses which
become due prior to the date of the making of such request
shall be subordinate to the lien of the encumbrance. Any
encumbrancer holding a lien on a unit may pay any unpaid common
expenses payable with respect to the unit, and upon payment the
encumbrancer shall have a lien on the unit for the amounts paid
at the same rank as the lien of his encumbrance.
(k) Nothing in Public Act 83-1271 is intended to change the
lien priorities of any encumbrance created prior to August 30,
1984.
(Source: P.A. 94-1049, eff. 1-1-07.)
(765 ILCS 605/22.1) (from Ch. 30, par. 322.1)
Sec. 22.1. (a) In the event of any resale of a condominium
unit by a unit owner other than the developer, such owner shall
obtain from the Board of Managers of the association and shall
furnish to the unit owner and make available for inspection to
the prospective purchaser, either electronically or in
writing, within 14 days of a request from the unit owner or the
unit owner's agent or the prospective purchaser or the
prospective purchaser's agent if the association is managed by
a community association management firm or a community
association manager, as those terms are defined in Section 10
of the Community Association Manager Licensing and
Disciplinary Act, or within 21 days of the request if the

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association is self-managed upon demand, the following:
(1) A copy of the Declaration, by-laws, other
condominium instruments and any rules and regulations.
(2) A statement of any liens, including a statement of
the account of the unit setting forth the amounts of unpaid
assessments and other charges due and owing as authorized
and limited by the provisions of subdivision (g)(1) of
Section 9 of this Act or the condominium instruments; and .
(A) if the ownership of the condominium unit is
being transferred to a purchaser at a judicial sale
other than the mortgagee, a statement setting forth the
total amount due and owing under subdivision (g)(4) of
Section 9 of this Act; or
(B) if ownership of the condominium unit is being
transferred to an REO purchaser by a mortgagee that
acquired title through a judicial foreclosure sale, a
consent foreclosure, a common law strict foreclosure,
or a deed in lieu of foreclosure, a statement setting
forth the total amount due and owing under subdivision
(g)(4) of Section 9 of this Act, except if the
association fails to record the notice in accordance
with subdivision (g)(4.5) of Section 9 of this Act,
then the amount due shall be deemed to be zero dollars.
(3) A statement of any capital expenditures
anticipated by the unit owner's association within the
current or succeeding two fiscal years.

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(4) A statement of the status and amount of any reserve
for replacement fund and any portion of such fund earmarked
for any specified project by the Board of Managers.
(5) A copy of the statement of financial condition of
the unit owner's association for the last fiscal year for
which such statement is available.
(6) A statement of the status of any pending suits or
judgments in which the unit owner's association is a party.
(7) A statement setting forth what insurance coverage
is provided for all unit owners by the unit owner's
association.
(8) A statement that any improvements or alterations
made to the unit, or the limited common elements assigned
thereto, by the prior unit owner are in good faith believed
to be in compliance with the condominium instruments.
(9) The identity and mailing address of the principal
officer of the unit owner's association or of the other
officer or agent as is specifically designated to receive
notices.
(b) The principal officer of the unit owner's association
or such other officer as is specifically designated shall
furnish the above information required under subsection (a) of
this Section when requested to do so in writing and within 30
days of the request.
(c) Within 15 days of the recording of a mortgage or trust
deed against a unit ownership given by the owner of that unit

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to secure a debt, the owner shall inform the Board of Managers
of the unit owner's association of the identity of the lender
together with a mailing address at which the lender can receive
notices from the association. If a unit owner fails or refuses
to inform the Board as required under subsection (c) then that
unit owner shall be liable to the association for all costs,
expenses and reasonable attorneys fees and such other damages,
if any, incurred by the association as a result of such failure
or refusal.
A reasonable fee covering the direct out-of-pocket cost of
providing such information and copying may be charged by the
association or its Board of Managers to the unit seller for
providing such information.
(Source: P.A. 87-692.)
Section 99. Effective date. This Act takes effect upon
becoming law.".