102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0112
 
Introduced 2/3/2021, by Sen. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:






765 ILCS 605/18 from Ch. 30, par. 318

 Amends the Condominium Property Act. Provides that the bylaws of each condominium association shall provide that, if the meeting of the board of managers is to be held without the physical presence of all of the members of the board by telephonic means, or by use of any acceptable technological means, notice of the meeting shall include a telephone number, web-based access portal, or other appropriate means of access to enable each unit owner to attend and hear or see, as applicable, the board meeting via telephonic or other acceptable technological means.



LRB102 04363 LNS 14381 b


 
 
A BILL FOR
 


SB0112LRB102 04363 LNS 14381 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Condominium Property Act is amended by 
5changing Section 18 as follows:



6 (765 ILCS 605/18) (from Ch. 30, par. 318)


7 Sec. 18. Contents of bylaws. The bylaws shall provide for 
8at least
the following:

9  (a)(1) The election from among the unit owners of a 
10 board of managers,
the number of persons constituting such 
11 board, and that the terms of at
least one-third of the 
12 members of the board shall expire annually and that
all 
13 members of the board shall be elected at large; if there 
14 are multiple owners of a single unit, only one of the 
15 multiple
owners shall be eligible to serve as a member of 
16 the board at any one time;

17  (2) the powers and duties of the board;

18  (3) the compensation, if any, of the members of the 
19 board;

20  (4) the method of removal from office of members of 
21 the board;

22  (5) that the board may engage the services of a 
23 manager or managing agent;

 
 
SB0112- 2 -LRB102 04363 LNS 14381 b


1  (6) that each unit owner shall receive, at least 25 
2 days prior to the
adoption thereof by the board of 
3 managers, a copy of the proposed annual
budget together 
4 with an indication of which portions are intended for

5 reserves, capital expenditures or repairs or payment of 
6 real estate taxes;

7  (7) that the board of managers shall annually supply 
8 to
all unit owners an itemized accounting of the common 
9 expenses
for the preceding year actually incurred or paid, 
10 together
with an indication of which portions were for 
11 reserves, capital
expenditures or repairs or payment of 
12 real estate taxes and
with a tabulation of the amounts 
13 collected pursuant to the
budget or assessment, and 
14 showing the net excess or
deficit of income over 
15 expenditures plus reserves;

16  (8)(i) that each unit owner shall receive notice, in 
17 the same manner
as is provided in this Act for membership 
18 meetings, of any meeting of the
board of managers 
19 concerning the adoption of the proposed annual budget and

20 regular assessments pursuant thereto or to adopt a 
21 separate (special)
assessment, (ii) that except as 
22 provided in subsection (iv) below, if an
adopted
budget or 
23 any separate assessment adopted by the board would result 
24 in the
sum of all regular and separate assessments payable 
25 in the current fiscal year
exceeding 115% of the sum of all 
26 regular and separate
assessments payable during the

 
 
SB0112- 3 -LRB102 04363 LNS 14381 b


1 preceding fiscal year, the
board of managers, upon written 
2 petition by unit owners with 20 percent of
the votes of the 
3 association delivered to the board within 21
days of the 
4 board action,
shall call a meeting of the unit owners 
5 within 30 days of the date of
delivery of the petition to 
6 consider the budget or separate
assessment; unless a

7 majority of
the total votes of the unit owners are cast at 
8 the meeting to reject the
budget or separate assessment,

9 it is ratified, (iii) that any common expense not set 
10 forth in the budget or
any increase in assessments over 
11 the amount adopted in the budget shall be
separately 
12 assessed against all unit owners, (iv) that separate 
13 assessments for
expenditures relating to emergencies or 
14 mandated by law may be adopted by the
board of managers 
15 without being subject to unit owner approval or the

16 provisions of item (ii) above or item (v) below. As used

17 herein, "emergency" means an immediate danger to the 
18 structural integrity of
the
common elements or to the 
19 life, health, safety or property of the unit owners,
(v) 
20 that assessments
for additions and alterations to the 
21 common elements or to association-owned
property not 
22 included in the adopted annual budget, shall be separately

23 assessed and are subject to approval of two-thirds of the 
24 total votes of all
unit owners, (vi) that the board of 
25 managers may adopt separate assessments
payable over more 
26 than one fiscal year. With respect to multi-year 
 
 
SB0112- 4 -LRB102 04363 LNS 14381 b


1 assessments
not governed by items (iv) and (v), the entire 
2 amount of the multi-year
assessment shall be deemed 
3 considered and authorized in the first fiscal year
in 
4 which the assessment is approved;

5  (9)(A) that every meeting of the board of managers 
6 shall be open to any unit
owner, except that the board may 
7 close any portion of a noticed meeting or meet separately 
8 from a noticed meeting to: (i) discuss litigation
when an 
9 action against or on behalf of the particular association 
10 has been
filed and is pending in a court or administrative 
11 tribunal,
or when the board of managers finds that such an 
12 action is probable
or imminent, (ii) discuss the 
13 appointment, employment, engagement,
or dismissal of an 
14 employee, independent contractor, agent, or other provider 
15 of goods and services, (iii) interview a potential 
16 employee, independent contractor, agent, or other provider 
17 of goods and services, (iv) discuss violations of rules 
18 and
regulations of the association, (v) discuss a unit 
19 owner's unpaid share of common
expenses, or (vi) consult 
20 with the association's legal counsel; that any vote on 
21 these matters shall take place at a meeting of the board of 
22 managers or
portion thereof open to any unit owner;
23  (B) that board members may participate in and act at 
24 any meeting of the board of managers in person, by 
25 telephonic means, or by use of any acceptable 
26 technological means whereby all persons participating in 
 
 
SB0112- 5 -LRB102 04363 LNS 14381 b


1 the meeting can communicate with each other; that 
2 participation constitutes attendance and presence in 
3 person at the meeting;
4  (C) that any unit owner may record the
proceedings at 
5 meetings of the board of managers or portions thereof 
6 required to be open by this
Act by tape, film or other 
7 means, and that the board may prescribe reasonable
rules 
8 and regulations to govern the right to make such 
9 recordings;
10  (D) that
notice of every meeting of the board of 
11 managers shall be given to every board member at least 48 
12 hours
prior thereto, unless the board member waives notice 
13 of the meeting pursuant to subsection (a) of Section 18.8; 
14 and
15  (E) that notice of every meeting
of the board of 
16 managers shall be posted in entranceways,
elevators, or 
17 other conspicuous places in the condominium at least 48 
18 hours
prior to the meeting of the board of managers except 
19 where there is no
common entranceway for 7 or more units, 
20 the board of managers may designate
one or more locations 
21 in the proximity of these units where the notices of

22 meetings shall be posted; that notice of every meeting of 
23 the board of managers shall also be given at least 48 hours 
24 prior to the meeting, or such longer notice as this Act may 
25 separately require, to: (i) each unit owner who has 
26 provided the association with written authorization to 
 
 
SB0112- 6 -LRB102 04363 LNS 14381 b


1 conduct business by acceptable technological means, and 
2 (ii) to the extent that the condominium instruments of an 
3 association require, to each other unit owner, as required 
4 by subsection (f) of Section 18.8, by mail or delivery, 
5 and that no other notice of a meeting of the board of 
6 managers need be given to any unit owner; and
7  (F) that, if the meeting of the board of managers is to 
8 be held without the physical presence of all of the 
9 members of the board by telephonic means, or by use of any 
10 acceptable technological means, as permitted by 
11 subdivision (a)(9)(B), notice of the meeting required 
12 under subdivision (a)(9)(E) shall include a telephone 
13 number, web-based access portal, or other appropriate 
14 means of access to enable each unit owner to attend and 
15 hear or see, as applicable, the board meeting via 
16 telephonic or other acceptable technological means; 

17  (10) that the board shall meet at least 4 times 
18 annually;

19  (11) that no member of the board or officer shall be 
20 elected for a term
of more than 2 years, but that officers 
21 and board members may succeed
themselves;

22  (12) the designation of an officer to mail and receive 
23 all notices and
execute amendments to condominium 
24 instruments as provided for in this Act
and in the 
25 condominium instruments;

26  (13) the method of filling vacancies on the board

 
 
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1 which shall include authority for the remaining members of 
2 the board to
fill the vacancy by two-thirds vote until the 
3 next annual meeting of unit
owners or for a period 
4 terminating no later than 30 days following the
filing of 
5 a petition signed by unit owners holding 20% of the votes 
6 of the
association requesting a meeting of the unit owners 
7 to fill the vacancy for
the balance of the term, and that a 
8 meeting of the unit owners shall be
called for purposes of 
9 filling a vacancy on the board no later than 30 days

10 following the filing of a petition signed by unit owners 
11 holding 20% of the
votes of the association requesting 
12 such a meeting, and the method of filling
vacancies among 
13 the officers that shall include the authority for the 
14 members
of the board to fill the vacancy for the unexpired 
15 portion of the term;

16  (14) what percentage of the board of managers, if 
17 other than a majority,
shall constitute a quorum;

18  (15) provisions concerning notice of board meetings to 
19 members of the
board;

20  (16) the board of managers may not enter into a 
21 contract with a
current board member
or with a corporation 
22 or partnership in which a board
member or a member of the 
23 board member's immediate family has 25% or
more interest, 
24 unless notice of intent to enter the
contract is given to 
25 unit owners within 20 days after a decision is made
to 
26 enter into the contract and the unit owners are
afforded 
 
 
SB0112- 8 -LRB102 04363 LNS 14381 b


1 an opportunity by filing a petition, signed by 20% of the 
2 unit
owners, for an election to approve or disapprove the 
3 contract;
such petition shall be filed within 30 days 
4 after such notice and such
election shall be held within 
5 30 days after filing the petition; for purposes
of this 
6 subsection, a board member's immediate family means the 
7 board member's
spouse, parents, and children;

8  (17) that the board of managers may disseminate
to 
9 unit owners biographical and background information about 
10 candidates for
election to the board if (i) reasonable 
11 efforts to identify all candidates are
made and all 
12 candidates are given an opportunity to include 
13 biographical and
background information in the information 
14 to be disseminated; and (ii) the
board does not express a 
15 preference in favor of any candidate;

16  (18) any proxy distributed for board elections
by the 
17 board of managers gives unit owners the
opportunity to 
18 designate any person as the proxy holder, and gives the 
19 unit
owner the opportunity to express a preference for any 
20 of the known
candidates for the board or to write in a 
21 name;

22  (19) that special meetings of the board of managers 
23 can be called by
the president or 25% of the members of the 
24 board;

25  (20) that the board of managers may establish
and 
26 maintain a system of master metering of public utility 
 
 
SB0112- 9 -LRB102 04363 LNS 14381 b


1 services and
collect payments in connection therewith, 
2 subject to the requirements of the
Tenant Utility Payment 
3 Disclosure Act; and

4  (21) that the board may ratify and confirm actions of 
5 the
members of the board taken in response to an 
6 emergency, as that
term is defined in subdivision 
7 (a)(8)(iv) of this Section; that
the board shall give 
8 notice to the unit owners of: (i) the
occurrence of the 
9 emergency event within 7 business days after
the emergency 
10 event, and (ii) the general description of the
actions 
11 taken to address the event within 7 days after the

12 emergency event. 
13  The intent of the provisions of Public Act 99-472 
14 adding this paragraph (21) is to empower and support 
15 boards to act in
emergencies. 
16  (b)(1) What percentage of the unit owners, if other 
17 than 20%, shall
constitute a quorum provided that, for 
18 condominiums with 20 or more units,
the percentage of unit 
19 owners constituting a quorum shall be 20% unless the
unit 
20 owners holding a majority of the percentage interest in 
21 the
association provide for a higher percentage, provided 
22 that in voting on amendments to the association's bylaws, 
23 a unit owner who is in arrears on the unit owner's regular 
24 or separate assessments for 60 days or more, shall not be 
25 counted for purposes of determining if a quorum is 
26 present, but that unit owner retains the right to vote on 
 
 
SB0112- 10 -LRB102 04363 LNS 14381 b


1 amendments to the association's bylaws;

2  (2) that the association shall have one class of 
3 membership;

4  (3) that the members shall hold an annual meeting, one 
5 of the purposes
of which shall be to elect members of the 
6 board of managers;

7  (4) the method of calling meetings of the unit owners;

8  (5) that special meetings of the members can be called 
9 by the president,
board of managers, or by 20% of unit 
10 owners;

11  (6) that written notice of any membership meeting 
12 shall be mailed
or delivered giving members no less than 
13 10 and no more than 30 days
notice of the time, place and 
14 purpose of such meeting except that notice may be sent, to 
15 the extent the condominium instruments or rules adopted 
16 thereunder expressly so provide, by electronic 
17 transmission consented to by the unit owner to whom the 
18 notice is given, provided the director and officer or his 
19 agent certifies in writing to the delivery by electronic 
20 transmission;

21  (7) that voting shall be on a percentage basis, and 
22 that the percentage
vote to which each unit is entitled is 
23 the percentage interest of the
undivided ownership of the 
24 common elements appurtenant thereto, provided
that the 
25 bylaws may provide for approval by unit owners in 
26 connection with
matters where the requisite approval on a 
 
 
SB0112- 11 -LRB102 04363 LNS 14381 b


1 percentage basis is not specified
in this Act, on the 
2 basis of one vote per unit;

3  (8) that, where there is more than one owner of a unit, 
4 if only one
of the multiple owners is present at a meeting 
5 of the association, he is
entitled to cast all the votes 
6 allocated to that unit, if more than one of
the multiple 
7 owners are present, the votes allocated to that unit may 
8 be
cast only in accordance with the agreement of a 
9 majority in interest of the
multiple owners, unless the 
10 declaration expressly provides otherwise, that
there is 
11 majority agreement if any one of the multiple owners cast 
12 the
votes allocated to that unit without protest being 
13 made promptly to the
person presiding over the meeting by 
14 any of the other owners of the unit;

15  (9)(A) except as provided in subparagraph (B) of this 
16 paragraph (9) in
connection with board elections, that
a 
17 unit owner may vote by proxy executed in writing by the 
18 unit
owner or by his duly authorized attorney in fact; 
19 that the proxy must bear the date of
execution
and, unless 
20 the condominium instruments or the written proxy itself 
21 provide
otherwise, is
invalid after 11 months from the 
22 date of its execution; to the extent the condominium 
23 instruments or rules adopted thereunder expressly so 
24 provide, a vote or proxy may be submitted by electronic 
25 transmission, provided that any such electronic 
26 transmission shall either set forth or be submitted with 
 
 
SB0112- 12 -LRB102 04363 LNS 14381 b


1 information from which it can be determined that the 
2 electronic transmission was authorized by the unit owner 
3 or the unit owner's proxy;

4  (B) that if a rule adopted at least 120 days before a 
5 board election
or the
declaration or bylaws provide for 
6 balloting as set forth in this subsection,
unit
owners may 
7 not vote by proxy in board elections, but may vote only (i) 
8 by
submitting an association-issued ballot in person at 
9 the election meeting or
(ii) by
submitting an 
10 association-issued ballot to the association or its 
11 designated
agent
by mail or other means of delivery 
12 specified in the declaration, bylaws, or
rule; that
the 
13 ballots shall be mailed or otherwise distributed to unit 
14 owners not less
than 10
and not more than 30 days before 
15 the election meeting, and the board shall give
unit owners 
16 not less than 21 days' prior written notice of the 
17 deadline for
inclusion of a candidate's name on the 
18 ballots; that the deadline shall be no
more
than 7 days 
19 before the ballots are mailed or otherwise distributed to 
20 unit
owners; that
every such ballot must include the names 
21 of all candidates who have given the
board or its 
22 authorized agent timely written notice of their candidacy 
23 and must
give the person casting the ballot the 
24 opportunity to cast votes for candidates
whose names do 
25 not appear on the ballot; that a ballot received by the

26 association
or
its designated agent after the close of 
 
 
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1 voting shall not be counted; that a
unit
owner
who submits 
2 a ballot by mail or other means of delivery specified in 
3 the
declaration, bylaws, or rule may request and cast a 
4 ballot in person at the
election
meeting, and thereby void 
5 any ballot previously submitted by that unit owner;
6  (B-5) that if a rule adopted at least 120 days before a 
7 board election or the declaration or bylaws provide for 
8 balloting as set forth in this subparagraph, unit owners 
9 may not vote by proxy in board elections, but may vote only 
10 (i) by submitting an association-issued ballot in person 
11 at the election meeting; or (ii) by any acceptable 
12 technological means as defined in Section 2 of this Act; 
13 instructions regarding the use of electronic means for 
14 voting shall be distributed to all unit owners not less 
15 than 10 and not more than 30 days before the election 
16 meeting, and the board shall give unit owners not less 
17 than 21 days' prior written notice of the deadline for 
18 inclusion of a candidate's name on the ballots; the 
19 deadline shall be no more than 7 days before the 
20 instructions for voting using electronic or acceptable 
21 technological means is distributed to unit owners; every 
22 instruction notice must include the names of all 
23 candidates who have given the board or its authorized 
24 agent timely written notice of their candidacy and must 
25 give the person voting through electronic or acceptable 
26 technological means the opportunity to cast votes for 
 
 
SB0112- 14 -LRB102 04363 LNS 14381 b


1 candidates whose names do not appear on the ballot; a unit 
2 owner who submits a vote using electronic or acceptable 
3 technological means may request and cast a ballot in 
4 person at the election meeting, thereby voiding any vote 
5 previously submitted by that unit owner; 

6  (C) that if a written petition by unit owners with at 
7 least 20% of the
votes of
the association is delivered to 
8 the board within 30 days after the board's
approval
of a 
9 rule adopted pursuant to subparagraph (B) or subparagraph 
10 (B-5) of this paragraph (9), the board
shall call a 
11 meeting of the unit owners within 30 days after the date of

12 delivery of
the petition; that unless a majority of the 
13 total votes of the unit owners are
cast
at the
meeting to 
14 reject the rule, the rule is ratified;

15  (D) that votes cast by ballot under subparagraph (B) 
16 or electronic or acceptable technological means under 
17 subparagraph (B-5) of this paragraph (9) are valid for the 
18 purpose of establishing a quorum; 
19  (10) that the association may, upon adoption of the 
20 appropriate rules by
the board of managers, conduct 
21 elections by secret ballot whereby the voting
ballot is 
22 marked only with the percentage interest for the unit and 
23 the vote
itself, provided that the board further adopt 
24 rules to verify the status of the
unit owner issuing a 
25 proxy or casting a ballot; and further, that a candidate

26 for election to the board of managers or such
candidate's 
 
 
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1 representative shall have the right to be present at the

2 counting of ballots at such election;

3  (11) that in the event of a resale of a condominium 
4 unit the purchaser
of a unit from a seller other than the 
5 developer pursuant to an installment sales
contract for 
6 purchase shall during such times as he or she resides in 
7 the
unit be counted toward a quorum for purposes of 
8 election of members of the
board of managers at any 
9 meeting of the unit owners called for purposes of
electing 
10 members of the board, shall have the right to vote for the

11 election of members of the board of managers and to be 
12 elected to and serve
on the board of managers unless the 
13 seller expressly retains in writing any
or all of such 
14 rights. In no event may the seller and purchaser both be

15 counted toward a quorum, be permitted to vote for a 
16 particular office or be
elected and serve on the board. 
17 Satisfactory evidence of the installment sales contract

18 shall be made available to the association or its agents. 
19 For
purposes of this subsection, "installment sales 
20 contract" shall have the same
meaning as set forth in 
21 Section 5 of the Installment Sales Contract Act and 
22 Section 1(e) of the Dwelling Unit Installment Contract 
23 Act;

24  (12) the method by which matters subject to the 
25 approval of unit owners
set forth in this Act, or in the 
26 condominium instruments, will be
submitted to the unit 
 
 
SB0112- 16 -LRB102 04363 LNS 14381 b


1 owners at special membership meetings called for such

2 purposes; and

3  (13) that matters subject to the affirmative vote of 
4 not less than 2/3
of the votes of unit owners at a meeting 
5 duly called for that purpose,
shall include, but not be 
6 limited to:

7   (i) merger or consolidation of the association;

8   (ii) sale, lease, exchange, or other disposition 
9 (excluding the mortgage
or pledge) of all, or 
10 substantially all of the property and assets of the

11 association; and

12   (iii) the purchase or sale of land or of units on 
13 behalf of all unit owners.

14  (c) Election of a president from among the board of 
15 managers, who shall
preside over the meetings of the board 
16 of managers and of the unit owners.

17  (d) Election of a secretary from among the board of 
18 managers, who shall
keep the minutes of all meetings
of 
19 the board of managers and of the unit owners and who shall, 
20 in general,
perform all the duties incident to the office 
21 of secretary.

22  (e) Election of a treasurer from among the board of 
23 managers, who shall
keep the financial records and
books 
24 of account.

25  (f) Maintenance, repair and replacement of the common 
26 elements and
payments therefor, including the method of 
 
 
SB0112- 17 -LRB102 04363 LNS 14381 b


1 approving payment vouchers.

2  (g) An association with 30 or more units shall obtain 
3 and maintain
fidelity insurance covering persons who 
4 control or disburse funds of the
association for the 
5 maximum amount of coverage available to protect funds
in 
6 the custody or control of the association plus the 
7 association reserve
fund. All management companies which 
8 are responsible for the funds held or
administered by the 
9 association shall maintain and furnish to the
association 
10 a fidelity bond for the maximum amount of coverage 
11 available to
protect funds in the custody of the 
12 management company at any time. The
association shall bear 
13 the cost of the fidelity insurance and fidelity
bond, 
14 unless otherwise provided by contract between the 
15 association and a
management company. The association 
16 shall be the direct obligee of any
such fidelity bond. A 
17 management company holding reserve funds of an
association 
18 shall at all times maintain a separate account for each

19 association, provided, however, that for investment 
20 purposes, the Board of
Managers of an association may 
21 authorize a management company to maintain
the 
22 association's reserve funds in a single interest bearing 
23 account with
similar funds of other associations. The 
24 management company shall at all
times maintain records 
25 identifying all moneys of each association in such

26 investment account. The management company may hold all 
 
 
SB0112- 18 -LRB102 04363 LNS 14381 b


1 operating funds of
associations which it manages in a 
2 single operating account but shall at
all times maintain 
3 records identifying all moneys of each association in
such 
4 operating account. Such operating and reserve funds held 
5 by the
management company for the association shall not be 
6 subject to attachment
by any creditor of the management 
7 company.

8  For the purpose of this subsection, a management 
9 company shall be
defined as a person, partnership, 
10 corporation, or other legal entity
entitled to transact 
11 business on behalf of others, acting on behalf of or
as an 
12 agent for a unit owner, unit owners or association of unit 
13 owners for
the purpose of carrying out the duties, 
14 responsibilities, and other
obligations necessary for the 
15 day to day operation and management of any
property 
16 subject to this Act. For purposes of this subsection, the 
17 term
"fiduciary insurance coverage" shall be defined as 
18 both a fidelity bond and
directors and officers liability 
19 coverage, the fidelity bond in the full
amount of 
20 association funds and association reserves that will be in 
21 the
custody of the association, and the directors and 
22 officers liability
coverage at a level as shall be 
23 determined to be reasonable by the board of
managers, if 
24 not otherwise established by the declaration or by laws.

25  Until one year after September 21, 1985 (the effective 
26 date of Public Act 84-722),
if a condominium association 
 
 
SB0112- 19 -LRB102 04363 LNS 14381 b


1 has reserves plus assessments in excess of
$250,000 and 
2 cannot reasonably obtain 100% fidelity bond coverage for 
3 such
amount, then it must obtain a fidelity bond coverage 
4 of $250,000.

5  (h) Method of estimating the amount of the annual 
6 budget, and the manner
of assessing and collecting from 
7 the unit owners their respective shares of
such estimated 
8 expenses, and of any other expenses lawfully agreed upon.

9  (i) That upon 10 days notice to the manager or board of 
10 managers and
payment of a reasonable fee, any unit owner 
11 shall be furnished a statement
of his account setting 
12 forth the amount of any unpaid assessments or other

13 charges due and owing from such owner.

14  (j) Designation and removal of personnel necessary for 
15 the maintenance,
repair and replacement of the common 
16 elements.

17  (k) Such restrictions on and requirements respecting 
18 the use and
maintenance of the units and the use of the 
19 common elements, not set forth
in the declaration, as are 
20 designed to prevent unreasonable interference
with the use 
21 of their respective units and of the common elements by 
22 the
several unit owners.

23  (l) Method of adopting and of amending administrative 
24 rules and
regulations governing the operation and use of 
25 the common elements.

26  (m) The percentage of votes required to modify or 
 
 
SB0112- 20 -LRB102 04363 LNS 14381 b


1 amend the bylaws, but
each one of the particulars set 
2 forth in this section shall always be
embodied in the 
3 bylaws.

4  (n)(i) The provisions of this Act, the declaration, 
5 bylaws, other
condominium instruments, and rules and 
6 regulations that relate to the use
of the individual unit 
7 or the common elements shall be applicable to
any person 
8 leasing a unit and shall be deemed to be incorporated in 
9 any
lease executed or renewed on or after August 30, 1984 
10 (the effective date of Public Act 83-1271). 
11  (ii) With regard to any lease entered into subsequent 
12 to July 1, 1990 (the
effective date of Public Act 86-991), 
13 the unit owner leasing the
unit shall deliver a copy of the 
14 signed lease to the board or if the
lease is oral, a 
15 memorandum of the lease, not later than the date of

16 occupancy or 10 days after the lease is signed, whichever 
17 occurs first. In
addition to any other remedies, by filing 
18 an action jointly against the
tenant and the unit owner, 
19 an association may seek to enjoin a tenant from
occupying 
20 a unit or seek to evict a tenant under the provisions of 
21 Article
IX of the Code of Civil Procedure for failure of 
22 the lessor-owner to
comply with the leasing requirements 
23 prescribed by
this Section or by the declaration, bylaws, 
24 and
rules and regulations. The board of managers may 
25 proceed directly against a
tenant, at law or in equity, or 
26 under the provisions of Article IX of the
Code of Civil 
 
 
SB0112- 21 -LRB102 04363 LNS 14381 b


1 Procedure, for any other breach by tenant of any

2 covenants, rules, regulations or bylaws.

3  (o) The association shall have no authority to forbear 
4 the payment
of assessments by any unit owner.

5  (p) That when 30% or fewer of the units, by number,

6 possess over 50% in the aggregate of the votes in the 
7 association,
any percentage vote of members specified 
8 herein or in the condominium
instruments shall require the 
9 specified percentage by number of units
rather than by 
10 percentage of interest in the common elements allocated
to 
11 units that would otherwise be applicable and garage units 
12 or storage units, or both, shall have, in total, no more 
13 votes than their aggregate percentage of ownership in the 
14 common elements; this shall mean that if garage units or 
15 storage units, or both, are to be given a vote, or portion 
16 of a vote, that the association must add the total number 
17 of votes cast of garage units, storage units, or both, and 
18 divide the total by the number of garage units, storage 
19 units, or both, and multiply by the aggregate percentage 
20 of ownership of garage units and storage units to 
21 determine the vote, or portion of a vote, that garage 
22 units or storage units, or both, have. For purposes of 
23 this subsection (p), when making a determination of 
24 whether 30% or fewer of the units, by number, possess over 
25 50% in the aggregate of the votes in the association, a 
26 unit shall not include a garage unit or a storage unit.


 
 
SB0112- 22 -LRB102 04363 LNS 14381 b


1  (q) That a unit owner may not assign, delegate, 
2 transfer, surrender, or
avoid the duties, 
3 responsibilities, and liabilities of a unit owner under 
4 this
Act, the condominium instruments, or the rules and 
5 regulations of the
Association; and that such an attempted 
6 assignment, delegation, transfer,
surrender, or avoidance 
7 shall be deemed void.

8 The provisions of this Section are applicable to all 
9condominium
instruments recorded under this Act. Any portion 
10of a condominium
instrument which contains provisions contrary 
11to these provisions shall be
void as against public policy and 
12ineffective. Any such instrument which
fails to contain the 
13provisions required by this Section shall be deemed to

14incorporate such provisions by operation of law.

15(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 
1699-642, eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 
171-1-18; 100-863, eff. 8-14-18.)