Bill Text: IL HB5513 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB5513 Detail]

Download: Illinois-2011-HB5513-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5513 Introduced , by Rep. Sandy Cole 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.
LRB097 19062 AJO 64301 b
A BILL FOR
HB5513 LRB097 19062 AJO 64301 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.