Bill Amendment: IL SB3193 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CONDO/HOA RECORD COPY FEES

Status: 2022-02-18 - Senate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments [SB3193 Detail]

Download: Illinois-2021-SB3193-Senate_Amendment_001.html

Sen. Meg Loughran Cappel

Filed: 2/14/2022

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1
AMENDMENT TO SENATE BILL 3193
2 AMENDMENT NO. ______. Amend Senate Bill 3193 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Condominium Property Act is amended by
5changing Section 22.1 as follows:
6 (765 ILCS 605/22.1) (from Ch. 30, par. 322.1)
7 Sec. 22.1. (a) In the event of any resale of a condominium
8unit by a unit owner other than the developer such owner shall
9obtain from the Board of Managers and shall make available for
10inspection to the prospective purchaser, upon demand, the
11following:
12 (1) A copy of the Declaration, by-laws, other
13 condominium instruments, and any rules and regulations.
14 (2) A statement of any liens, including a statement of
15 the account of the unit setting forth the amounts of
16 unpaid assessments and other charges due and owing as

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1 authorized and limited by the provisions of Section 9 of
2 this Act or the condominium instruments.
3 (3) A statement of any capital expenditures
4 anticipated by the unit owner's association within the
5 current or succeeding 2 two fiscal years.
6 (4) A statement of the status and amount of any
7 reserve for replacement fund and any portion of such fund
8 earmarked for any specified project by the Board of
9 Managers.
10 (5) A copy of the statement of financial condition of
11 the unit owner's association for the last fiscal year for
12 which such statement is available.
13 (6) A statement of the status of any pending suits or
14 judgments in which the unit owner's association is a
15 party.
16 (7) A statement setting forth what insurance coverage
17 is provided for all unit owners by the unit owner's
18 association.
19 (8) A statement that any improvements or alterations
20 made to the unit, or the limited common elements assigned
21 thereto, by the prior unit owner are in good faith
22 believed to be in compliance with the condominium
23 instruments.
24 (9) The identity and mailing address of the principal
25 officer of the unit owner's association or of the other
26 officer or agent as is specifically designated to receive

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1 notices.
2 (b) The principal officer of the unit owner's association
3or such other officer as is specifically designated shall
4furnish the above information when requested to do so in
5writing and within 30 days of the request.
6 (c) Within 15 days of the recording of a mortgage or trust
7deed against a unit ownership given by the owner of that unit
8to secure a debt, the owner shall inform the Board of Managers
9of the unit owner's association of the identity of the lender
10together with a mailing address at which the lender can
11receive notices from the association. If a unit owner fails or
12refuses to inform the Board as required under subsection (c)
13then that unit owner shall be liable to the association for all
14costs, expenses, and reasonable attorney's attorneys fees and
15such other damages, if any, incurred by the association as a
16result of such failure or refusal.
17 A reasonable fee, not to exceed $250, covering the direct
18out-of-pocket cost of providing such information and copying
19may be charged by the association or its Board of Managers to
20the unit seller for providing such information. The
21association or its Board of Managers may charge an additional
22rush fee of not more than $100 if the information requested
23under this Section is needed within 72 hours after the request
24for the information is made.
25(Source: P.A. 87-692.)

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1 Section 99. Effective date. This Act takes effect upon
2becoming law.".
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