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| Public Act 097-0751
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| HB3950 Enrolled | LRB097 14826 AJO 59855 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Condominium Property Act is amended by |
changing Sections 14.3 and 18.4 as follows:
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(765 ILCS 605/14.3) (from Ch. 30, par. 314.3)
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Sec. 14.3. Granting of easement for laying of cable |
television or high speed Internet cable. Unless the condominium |
instrument expressly provides for a greater
percentage or |
different procedures a majority of more than 50% of the
unit |
owners at a meeting of
unit owners duly called for such purpose |
may authorize the granting of
an easement for the laying of |
cable television or high speed Internet cable. The grant of |
such
easement shall be according to the terms and conditions of |
the local ordinance
providing for cable television or high |
speed Internet in the municipality.
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(Source: P.A. 83-833.)
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(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
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Sec. 18.4. Powers and Duties of Board of Managers. The |
board of
managers shall exercise for the association all |
powers, duties and
authority vested in the association by law |
or the condominium instruments
except for such powers, duties |
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and authority reserved by law to the members
of the |
association. The powers and duties of the board of managers |
shall
include, but shall not be limited to, the following:
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(a) To provide for the operation, care, upkeep, |
maintenance,
replacement and improvement of the common |
elements. Nothing
in
this subsection (a) shall be deemed to |
invalidate any provision in a
condominium instrument |
placing limits on expenditures for the common elements, |
provided, that such
limits shall not be applicable to |
expenditures for repair, replacement, or
restoration of |
existing portions of the common elements. The
term "repair, |
replacement or restoration" means expenditures to |
deteriorated or
damaged portions of the property related to |
the existing decorating,
facilities, or structural or |
mechanical components, interior or exterior
surfaces, or |
energy systems and equipment with the functional |
equivalent of the
original portions of such areas. |
Replacement of the common elements may
result in an |
improvement over the original quality of such elements or
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facilities; provided that, unless the improvement is |
mandated by law or is an
emergency as defined in item (iv) |
of subparagraph (8) of paragraph (a) of
Section 18, if the |
improvement results in a proposed expenditure
exceeding 5% |
of the annual budget, the board of managers, upon written |
petition
by unit owners with 20% of the votes of the |
association delivered to the board
within 14 days of the |
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board action to approve the expenditure, shall call a
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meeting of the unit owners within 30 days of the date of |
delivery of the
petition to consider the expenditure. |
Unless a majority of the total votes of
the unit owners are |
cast at the meeting to reject the expenditure, it is
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ratified.
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(b) To prepare, adopt and distribute the annual budget |
for the property.
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(c) To levy and expend assessments.
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(d) To collect assessments from unit
owners.
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(e) To provide for the employment and dismissal of the |
personnel
necessary or advisable for the maintenance and |
operation of the common
elements.
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(f) To obtain adequate and appropriate kinds of
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insurance.
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(g) To own, convey, encumber, lease, and otherwise deal |
with units
conveyed to or purchased by it.
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(h) To adopt and amend rules and regulations covering |
the details of
the operation and use of the property, after |
a meeting of the unit owners
called for the specific |
purpose of discussing the proposed rules and
regulations. |
Notice of the meeting shall contain the full text of the
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proposed rules and regulations, and the meeting shall |
conform to the
requirements of Section 18(b) of this Act, |
except that no quorum is
required at the meeting of the |
unit owners unless the declaration, bylaws
or other |
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condominium instrument expressly provides to the contrary.
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However, no rule or regulation may impair any rights |
guaranteed by the
First Amendment to the Constitution of |
the United States or Section 4 of
Article I of the Illinois |
Constitution including, but not limited to, the free |
exercise of religion, nor may any rules or regulations
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conflict with the provisions of this Act or the condominium |
instruments. No rule or regulation shall prohibit any |
reasonable accommodation for religious practices, |
including the attachment of religiously mandated objects |
to the front-door area of a condominium unit.
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(i) To keep detailed, accurate records of the receipts |
and
expenditures affecting the use and operation of the |
property.
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(j) To have access to each unit from time to time as |
may be necessary
for the maintenance, repair or replacement |
of any common elements or for
making emergency repairs |
necessary to prevent damage to the common elements
or to |
other units.
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(k) To pay real property taxes, special assessments, |
and any other
special taxes or charges of the State of |
Illinois or of any political
subdivision thereof, or other |
lawful taxing or assessing body, which are
authorized by |
law to be assessed and levied upon the real property of the
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condominium.
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(l) To impose charges for late payment of a unit |
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owner's proportionate
share of the common expenses, or any |
other expenses lawfully agreed upon,
and after notice and |
an opportunity to be heard, to levy reasonable fines
for |
violation of the declaration, by-laws, and rules and |
regulations of
the association.
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(m) Unless the condominium instruments expressly |
provide to the
contrary, by a majority vote of the entire |
board of managers, to assign the
right of the association |
to future income from common expenses or other
sources, and |
to mortgage or pledge substantially all of the remaining
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assets of the association.
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(n) To record the dedication of a portion of the common |
elements
to a public body for use as, or in connection |
with, a street or utility
where authorized by the unit |
owners under the provisions of Section 14.2.
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(o) To record the granting of an easement for the |
laying of cable
television or high speed Internet cable |
where authorized by the unit owners under the provisions
of |
Section 14.3; to obtain, if available and determined by the |
board to be in
the best interests of the association, cable |
television
or bulk high speed Internet service for all of |
the units of the condominium on a bulk
identical service |
and equal cost per unit basis; and to assess and recover |
the
expense as a common expense and, if so determined by |
the board, to assess each
and every unit on the same equal |
cost per unit basis.
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(p) To seek relief on behalf of all unit owners when |
authorized
pursuant to subsection (c) of Section 10 from or |
in connection with the
assessment or levying of real |
property taxes, special assessments, and any
other special |
taxes or charges of the State of Illinois or of any |
political
subdivision thereof or of any lawful taxing or |
assessing body.
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(q) To reasonably accommodate the needs of a |
handicapped unit owner
as required by the federal Civil |
Rights Act of 1968, the Human Rights Act
and any applicable |
local ordinances in the exercise of its powers with
respect |
to the use of common elements or approval of modifications |
in an
individual unit.
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(r) To accept service of a notice of claim for purposes |
of the Mechanics Lien Act on behalf of each respective |
member of the Unit Owners' Association with respect to |
improvements performed pursuant to any contract entered |
into by the Board of Managers or any contract entered into |
prior to the recording of the condominium declaration |
pursuant to this Act, for a property containing more than 8 |
units, and to distribute the notice to the unit owners |
within 7 days of the acceptance of the service by the Board |
of Managers. The service shall be effective as if each |
individual unit owner had been served individually with |
notice.
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In the performance of their duties, the officers and |
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members of the board,
whether appointed by the developer or |
elected by the unit owners, shall
exercise the care required of |
a fiduciary of the unit owners.
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The collection of assessments from unit owners by an |
association, board
of managers or their duly authorized agents |
shall not be considered acts
constituting a collection agency |
for purposes of the Collection Agency Act.
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The provisions of this Section are
applicable to all |
condominium instruments recorded under this Act. Any
portion of |
a condominium instrument which contains provisions contrary to
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these provisions shall be void as against public policy and |
ineffective.
Any such instrument that fails to contain the |
provisions required by this
Section shall be deemed to |
incorporate such provisions by operation of law.
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(Source: P.A. 96-1000, eff. 7-2-10.)
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