Bill Text: IL HB2861 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Common Interest Community Association Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. Provides that a common interest community association may not prohibit the use of a residential dwelling as a day care home unless a community instrument specifically prohibits that use. Provides that a condominium, timeshare, or cooperative is exempt from the provision.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2861 Detail]

Download: Illinois-2013-HB2861-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2861 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
765 ILCS 160/1-37 new
Amends the Common Interest Community Association Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. Provides that a common interest community association may not prohibit the use of a residential dwelling as a day care home unless a community instrument specifically prohibits that use. Provides that a condominium, timeshare, or cooperative is exempt from the provision.
LRB098 08511 HEP 38622 b
A BILL FOR
HB2861 LRB098 08511 HEP 38622 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 Common Interest Community Association Act is
amended by adding Section 1-37 as follows:
(765 ILCS 160/1-37 new)
Sec. 1-37. Community instruments; day care homes.
(a) The operation of a licensed day care home, as defined
in the Child Care Act of 1969, in a residential dwelling, is
incidental to the primary residential use of the dwelling and
constitutes a valid residential use for the purpose of any
community instrument. A community instrument may not be
interpreted so that the operation of a family day care home is
considered a business, commercial activity, or trade.
(b) An association may not prohibit the use of a
residential dwelling as a day care home unless a community
instrument specifically prohibits that use in the community.
(c) A condominium, timeshare, or cooperative is exempt from
this Section.