Bill Text: IL HB5513 | 2011-2012 | 97th General Assembly | Engrossed
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.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB5513 Detail]
Download: Illinois-2011-HB5513-Engrossed.html
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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Common Interest Community Association Act is | ||||||
| 5 | amended by adding Section 1-37 as follows:
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| 6 | (765 ILCS 160/1-37 new) | ||||||
| 7 | Sec. 1-37. Community instruments; day care homes. | ||||||
| 8 | (a) The operation of a licensed day care home, as defined | ||||||
| 9 | in the Child Care Act of 1969, in a residential dwelling, is | ||||||
| 10 | incidental to the primary residential use of the dwelling and | ||||||
| 11 | constitutes a valid residential use for the purpose of any | ||||||
| 12 | community instrument. A community instrument may not be | ||||||
| 13 | interpreted so that the operation of a family day care home is | ||||||
| 14 | considered a business, commercial activity, or trade. | ||||||
| 15 | (b) An association may not prohibit the use of a | ||||||
| 16 | residential dwelling as a day care home unless a community | ||||||
| 17 | instrument specifically prohibits that use in the community. | ||||||
| 18 | (c) A condominium, timeshare, or cooperative is exempt from | ||||||
| 19 | this Section.
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