Bill Text: IL SB0111 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Condominium Property Act. Provides that any unit owner objecting to a sale of the property shall have 30 (instead of 20) days from the date of the meeting approving the sale of the property to file a written objection. Provides that for the vote to approve a sale of the property to be valid, the notice to unit owners announcing the unit owner meeting shall include the name of the proposed purchaser, the amount the purchaser is offering, and copies of any written offer from the proposed purchaser. Provides that the notice shall apprise the unit owners that after the purchaser has received the required 75% approval, any unit owner objecting to the sale shall have 30 days from the date of the meeting approving the sale of the property to file a written objection. Provides that a sale of the property is solely within the powers, duties, and authority reserved by law to the members of the association. Restricts the association and the board of managers from acting in furtherance of a sale of the property on behalf of all unit owners absent the approval of such action. Allows a unit owner to serve a written demand on the board of managers to immediately cease and desist taking action if the association or board of managers takes any action in furtherance of a sale of the property on behalf of all unit owners without first receiving the affirmative vote of not less than 2/3 of unit owners. Requires the board of managers to certify to each unit owner making the demand that the action has ceased or that no such action has taken place within the preceding 90 days. Allows a unit owner making a demand to commence a legal action to enjoin and restrain the unauthorized action if the board of managers fails to certify that all action has ceased or is not taking place, or falsely certifies the same. Provides that, upon proof of a violation, the unit owner is entitled to recover from the association and any member of the board of managers participating in or approving the unauthorized action all reasonable costs and expenses. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0111 Detail]

Download: Illinois-2021-SB0111-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0111 Introduced 2/3/2021, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
765 ILCS 605/15 from Ch. 30, par. 315
765 ILCS 605/31 from Ch. 30, par. 331
Amends the Condominium Property Act. Provides that any unit owner objecting to a sale of the property shall have 30 (instead of 20) days from the date of the meeting approving the sale of the property to file a written objection. Provides that for the vote to approve a sale of the property to be valid, the notice to unit owners announcing the unit owner meeting shall include the name of the proposed purchaser, the amount the purchaser is offering, and copies of any written offer from the proposed purchaser. Provides that the notice shall apprise the unit owners that after the purchaser has received the required 75% approval, any unit owner objecting to the sale shall have 30 days from the date of the meeting approving the sale of the property to file a written objection. Provides that a sale of the property is solely within the powers, duties, and authority reserved by law to the members of the association. Restricts the association and the board of managers from acting in furtherance of a sale of the property on behalf of all unit owners absent the approval of such action. Allows a unit owner to serve a written demand on the board of managers to immediately cease and desist taking action if the association or board of managers takes any action in furtherance of a sale of the property on behalf of all unit owners without first receiving the affirmative vote of not less than 2/3 of unit owners. Requires the board of managers to certify to each unit owner making the demand that the action has ceased or that no such action has taken place within the preceding 90 days. Allows a unit owner making a demand to commence a legal action to enjoin and restrain the unauthorized action if the board of managers fails to certify that all action has ceased or is not taking place, or falsely certifies the same. Provides that, upon proof of a violation, the unit owner is entitled to recover from the association and any member of the board of managers participating in or approving the unauthorized action all reasonable costs and expenses. Makes other changes.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
changing Sections 15 and 31 as follows:
(765 ILCS 605/15) (from Ch. 30, par. 315)
Sec. 15. Sale of property.
(a) Unless a greater percentage is provided for in the
declaration or bylaws, and notwithstanding the provisions of
Sections 13 and 14 hereof, a majority of the unit owners where
the property contains 2 units, or not less than 66 2/3% where
the property contains three units, and not less than 75% where
the property contains 4 or more units may, by affirmative vote
at a meeting of unit owners duly called for such purpose, elect
to sell the property. Such action shall be binding upon all
unit owners, and it shall thereupon become the duty of every
unit owner to execute and deliver such instruments and to
perform all acts as in manner and form may be necessary to
effect such sale, provided, however, that any unit owner who
did not vote in favor of such action and who has filed written
objection thereto with the manager or board of managers within
30 20 days after the date of the meeting at which such sale was
approved shall be entitled to receive from the proceeds of

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such sale an amount equivalent to the greater of: (i) the value
of his or her interest, as determined by a fair appraisal, less
the amount of any unpaid assessments or charges due and owing
from such unit owner or (ii) the outstanding balance of any
bona fide debt secured by the objecting unit owner's interest
which was incurred by such unit owner in connection with the
acquisition or refinance of the unit owner's interest, less
the amount of any unpaid assessments or charges due and owing
from such unit owner. The objecting unit owner is also
entitled to receive from the proceeds of a sale under this
Section reimbursement for reasonable relocation costs,
determined in the same manner as under the federal Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended from time to time, and as implemented
by regulations promulgated under that Act.
For the vote to approve the sale of the property to be
valid, the notice to unit owners announcing the unit owner
meeting called for the purpose of voting on whether to approve
the sale of the property shall include the name of the proposed
purchaser, the amount the purchaser is offering, and copies of
any written offer from the proposed purchaser. In addition,
the notice shall apprise the unit owners that after the
purchaser has received the required 75% approval, any unit
owner objecting to the sale pursuant to this Section shall
have 30 days from the date of the meeting approving the sale of
the property to file a written objection and the notice shall

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set forth the address to which such a written objection shall
be mailed.
(b) If there is a disagreement as to the value of the
interest of a unit owner who did not vote in favor of the sale
of the property, that unit owner shall have a right to
designate an expert in appraisal or property valuation to
represent him, in which case, the prospective purchaser of the
property shall designate an expert in appraisal or property
valuation to represent him, and both of these experts shall
mutually designate a third expert in appraisal or property
valuation. The 3 experts shall constitute a panel to determine
by vote of at least 2 of the members of the panel, the value of
that unit owner's interest in the property. The changes made
by this amendatory Act of the 100th General Assembly apply to
sales under this Section that are pending or commenced on and
after the effective date of this amendatory Act of the 100th
General Assembly.
(c) A sale of the property pursuant to this Section is
solely within the powers, duties, and authority reserved by
law to the members of the association as referred to in Section
18.4.
(d) Neither the association nor the board of managers
shall have the authority to act in furtherance of a sale of the
property on behalf of all unit owners absent approval of such
action at a special meeting of unit owners duly called for that
purpose pursuant to subparagraph (iii) of paragraph (13) of

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subsection (b) of Section 18. As used in this subsection, an
action in furtherance of the sale of the property on behalf of
all unit owners includes, but is not limited to:
(1) listing the property with a real estate broker for
sale on behalf of all unit owners;
(2) otherwise offering the property for sale on behalf
of all unit owners;
(3) negotiating a contract for sale of the property on
behalf of all unit owners; or
(4) any combination of paragraphs (1), (2), and (3).
The taking of any such action in furtherance of a sale of the
property in the absence of the consent of unit owners granted
at a special meeting of unit owners duly called for that
purpose pursuant to subparagraph (iii) of paragraph (13) of
subsection (b) of Section 18 shall constitute ultra vires
action and shall not bind the association or any unit owner.
(e) If the association or the board of managers takes any
action in furtherance of a sale of the property on behalf of
all unit owners without first receiving the affirmative vote
of not less than 2/3 of the votes of unit owners at a meeting
duly called for that purpose as provided in subparagraph (iii)
of paragraph (13) of subsection (b) of Section 18, any unit
owner, or his or her representative, may serve a written
demand on the board of managers or manager, if any, to
immediately cease and desist taking such action. The board of
managers or manager, if any, shall, within 10 days after

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service of such a written demand, certify in writing to each
person making the demand that the action in violation of
subsection (d) has ceased or, if no such action has taken
place, shall certify in writing that no such action is taking
place or has taken place within the preceding 90 days. The
certification shall be under penalties of perjury.
(f) If the board of managers, directly or through the
manager, if any, fails to certify in writing to the person
sending the demand that all action in violation of subsection
(d) has ceased or is not taking place, as provided in
subsection (e), or falsely certifies the same, then any unit
owner making the demand may commence legal action to enjoin
and restrain the unauthorized action. The unit owner or unit
owners bringing the action, upon proof of a violation of this
Section by a preponderance of the evidence, shall be awarded,
from the association and from any member of the board of
managers participating in or approving the unauthorized
actions, jointly and severally, all reasonable costs and
expenses of the enforcement of this Section, including, but
not limited to, reasonable attorney's fees.
(Source: P.A. 100-292, eff. 1-1-18.)
(765 ILCS 605/31) (from Ch. 30, par. 331)
Sec. 31. Subdivision or combination of units.
(a) As used in this Section, "combination of any units"
means any 2 or more residential units to be used as a single

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unit as shown on the plat or amended plat, which may involve,
without limitation, additional exclusive use of a portion of
the common elements within the building adjacent to the
combined unit (for example, without limitation, the use of a
portion of an adjacent common hallway).
(b) Unless the condominium instruments expressly prohibit
the subdivision or combination of any units, and subject to
additional limitations provided by the condominium
instruments, the owner or owners may, at their own expense,
subdivide or combine and locate or relocate common elements
affected or required thereby, in accordance with the
provisions of the condominium instruments and the requirements
of this Act. The owner or owners shall make written
application to the board of managers, requesting an amendment
to the condominium instruments, setting forth in the
application a proposed reallocation to the new units of the
percentage interest in the common elements, and setting forth
whether the limited common elements, if any, previously
assigned to the unit to be subdivided should be assigned to
each new unit or to fewer than all of the new units created and
requesting, if desired in the event of a combination of any
units, that the new unit be granted the exclusive right to use
as a limited common element, a portion of the common elements
within the building adjacent to the new unit. If the
transaction is approved by a majority of the board of
managers, it shall be effective upon (1) recording of an

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amendment to condominium instruments in accordance with the
provisions of Sections 5 and 6 of this Act, and (2) execution
by the owners of the units involved.
(c) In the event of a combination of any units, the
amendment under subsection (b) may grant the owner of the
combined unit the exclusive right to use, as a limited common
element, a portion of the common elements within the building
adjacent to the new unit. The request for the amendment shall
be granted and the amendment shall grant this exclusive right
to use as a limited common element if the following conditions
are met:
(1) the common element for which the exclusive right
to use as a limited common element is sought is not
necessary or practical for use by the owners of any units
other than the owner or owners of the combined unit; and
(2) the owner or owners of the combined unit are
responsible for any and all costs associated with the
renovation, modification, or other adaptation performed as
a result of the granting of the exclusive right to use as a
limited common element.
(d) If the combined unit is divided, part of the original
combined unit is sold, and the grant of the exclusive right to
use as a limited common element is no longer necessary,
practical, or appropriate for the use and enjoyment of the
owner or owners of the original combined unit, the board may
terminate the grant of the exclusive right to use as a limited

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common element and require that the owner or owners of the
original combined unit restore the common area to its
condition prior to the grant of the exclusive right to use as a
limited common element. If the combined unit is sold without
being divided, the grant of the exclusive right to use as a
limited common element shall apply to the new owner or owners
of the combined unit, who shall assume the rights and
responsibilities of the original owner or owners.
(e) Under this Section, the exclusive right to use as a
limited common element any portion of the common elements that
is not necessary or practical for use by the owners of any
other units is not a diminution of the ownership interests of
all other unit owners requiring unanimous consent of all unit
owners under subsection (e) of Section 4 of this Act or any
percentage set forth in the condominium instruments.
(f) Notwithstanding Section 27 of this Act and any other
amendment provisions set forth in the condominium instruments,
an amendment pursuant to this Section is effective if it meets
the requirements set forth in this Section.
(Source: P.A. 100-292, eff. 1-1-18.)