Bill Text: IL HB5815 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5815 Detail]

Download: Illinois-2019-HB5815-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5815 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-5048 new
Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
3-5048 as follows:
(55 ILCS 5/3-5048 new)
Sec. 3-5048. Unlawful restrictive covenant modifications.
(a) As used in this Section:
"Declaration" has the meaning given to that term in Section
1-5 of the Common Interest Community Association Act or Section
2 of the Condominium Property Act, as applicable.
"Unlawful restrictive covenant" means any recorded
covenant or restriction that is void under Section 3-105 of the
Illinois Human Rights Act which purports to forbid or restrict
the conveyance, encumbrance, occupancy, or lease thereof on the
basis of race, color, religion, or national origin.
"Recorder" means the recorder of the county where the
property subject to the unlawful restrictive covenant is
located.
(b) A person or entity may execute and file a restrictive
covenant modification to an unlawful restrictive covenant in
accordance with this Section if the person or entity:
(1) holds an ownership interest in property that is

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subject to the unlawful restrictive covenant; or
(2) is a common interest community association, a
condominium association, a unit owners' association, or a
master association of a parcel of property subject to the
association's declaration and the parcel is subject to an
unlawful restrictive covenant.
(c) A restrictive covenant modification shall include:
(1) a complete copy of the original instrument
containing the unlawful restrictive covenant with the
language of the unlawful restrictive covenant stricken;
and
(2) a petition to modify an unlawful restrictive
covenant, as provided in subsection (d).
(d) A petition to modify an unlawful restrictive covenant
shall:
(1) be signed by the record owner of the property or,
in the case of an entity under paragraph (2) of subsection
(b), be accompanied by a certification that a majority of
the governing body of the entity has agreed to the
restrictive covenant modification;
(2) reference the property index number or unique
parcel identification code of the property for which the
original instrument containing the unlawful restrictive
covenant is recorded; and
(3) include any other information that the recorder or
State's Attorney considers necessary in carrying out the

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requirements of this Section.
(e) On receipt of a restrictive covenant modification, the
recorder shall submit the restrictive covenant modification
together with a copy of the original instrument referenced in
the restrictive covenant modification to the State's Attorney.
(f) Within 30 days of receipt from the recorder, the
State's Attorney shall:
(1) review the restrictive covenant modification and
the copy of the original instrument to determine: (i)
whether the original instrument contains an unlawful
restrictive covenant; and (ii) whether the restrictive
covenant modification correctly strikes through only the
language of the unlawful restrictive covenant; and
(2) return the restrictive covenant modification and
copy of the original instrument to the recorder together
with the State's Attorney's written determination.
(g) The recorder may not record a restrictive covenant
modification filed under subsection (b) unless the State's
Attorney determines that the modification is appropriate in
accordance with subsection (f). If the State's Attorney's
written determination finds that the instrument contains an
unlawful restrictive covenant, the recorder shall record the
restrictive covenant modification with the language stricken
as directed by the State's Attorney.
(h) A recorded restrictive covenant modification shall be
indexed in the same manner as the original instrument.

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(i) Subject to all lawful covenants, conditions, and
restrictions that were recorded after the recording of the
original instrument, the restrictions contained in a duly
recorded restrictive covenant modification are the only
restrictions based on the original instrument that apply to the
property.
(j) The effective date of the terms and conditions
contained in a duly recorded restrictive covenant modification
shall be the same as the effective date of the original
instrument.
(k) If a person or entity causes to be filed or recorded a
restrictive covenant modification that contains modifications
not authorized under this Section:
(1) the recorder may not incur any liability for
recording the restrictive covenant modification;
(2) the county may not incur any liability as a result
of a determination rendered by the State's Attorney under
subsection (f); and
(3) any costs, fees, or liability that results from the
unauthorized filing or recording shall be the sole
responsibility of the person or entity that executed the
restrictive covenant modification.