Bill Text: IL SB3014 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Condominium Property Act. Makes a technical change in a Section concerning insurance.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0762 [SB3014 Detail]
Download: Illinois-2013-SB3014-Engrossed.html
Bill Title: Amends the Condominium Property Act. Makes a technical change in a Section concerning insurance.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0762 [SB3014 Detail]
Download: Illinois-2013-SB3014-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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Condominium Property Act is amended by | ||||||
5 | changing Section 12 as follows:
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6 | (765 ILCS 605/12) (from Ch. 30, par. 312)
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7 | Sec. 12. Insurance.
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8 | (a) Required coverage. No policy of insurance shall be | ||||||
9 | issued or
delivered to a condominium association, and no policy | ||||||
10 | of insurance issued to a
condominium association shall be | ||||||
11 | renewed, unless the insurance coverage under
the policy | ||||||
12 | includes the following:
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13 | (1) Property insurance. Property insurance (i) on the | ||||||
14 | common
elements and the units, including the limited common | ||||||
15 | elements and
except as otherwise determined by the board of | ||||||
16 | managers, the bare
walls, floors, and ceilings of the unit, | ||||||
17 | (ii) providing coverage for
special form causes of loss, | ||||||
18 | and (iii) providing coverage, at
the time the
insurance is | ||||||
19 | purchased and at each
renewal date, in a total amount of | ||||||
20 | not less
than the full insurable replacement cost of the | ||||||
21 | insured property, less
deductibles, but including coverage | ||||||
22 | sufficient to rebuild the insured property in compliance | ||||||
23 | with building code requirements subsequent to an insured |
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1 | loss, including: Coverage B, demolition costs; and | ||||||
2 | Coverage C, increased cost of construction coverage. The | ||||||
3 | combined total of Coverage B and Coverage C shall be no | ||||||
4 | less than 10% of each insured building value, or $500,000, | ||||||
5 | whichever is less in a total amount of not less
than the | ||||||
6 | full insurable replacement cost of the insured property, | ||||||
7 | less
deductibles, but including coverage for
the increased | ||||||
8 | costs of construction due to building code requirements, at
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9 | the time the
insurance is purchased and at each
renewal | ||||||
10 | date .
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11 | (2) General liability insurance. Commercial general | ||||||
12 | liability
insurance against claims and liabilities arising | ||||||
13 | in connection with the
ownership, existence, use, or | ||||||
14 | management of the property in a minimum
amount of | ||||||
15 | $1,000,000, or a greater amount deemed sufficient in the
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16 | judgment of the board, insuring the board, the association, | ||||||
17 | the
management agent, and their respective employees and | ||||||
18 | agents and all
persons acting as agents. The developer must | ||||||
19 | be included as an
additional insured in its capacity as a | ||||||
20 | unit owner, manager, board
member, or officer. The unit | ||||||
21 | owners must be included as additional
insured parties but | ||||||
22 | only for claims and liabilities arising in
connection with | ||||||
23 | the ownership, existence, use, or management of the
common | ||||||
24 | elements. The insurance must cover claims of one or more
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25 | insured parties against other insured parties.
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26 | (3) Fidelity bond; directors and officers coverage.
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1 | (A) An association with 6 or more dwelling units | ||||||
2 | must obtain and
maintain a fidelity bond covering | ||||||
3 | persons, including the managing agent
and its | ||||||
4 | employees who control or disburse funds of the | ||||||
5 | association, for
the maximum amount of coverage | ||||||
6 | available to protect funds in the
custody or control of | ||||||
7 | the association, plus the association reserve
fund.
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8 | (B) All management companies that are responsible | ||||||
9 | for the funds
held or administered by the association | ||||||
10 | must be covered by a fidelity
bond for the maximum | ||||||
11 | amount of coverage available to protect those
funds. | ||||||
12 | The association has standing to make a loss claim | ||||||
13 | against
the bond of the managing agent as a party | ||||||
14 | covered under the bond.
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15 | (C) For purposes of paragraphs (A) and (B), the | ||||||
16 | fidelity bond
must be in the full amount of association | ||||||
17 | funds and reserves in the
custody of the association or | ||||||
18 | the management company.
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19 | (D) The board of directors must obtain directors | ||||||
20 | and officers
liability coverage at a level deemed | ||||||
21 | reasonable by the board, if not
otherwise established | ||||||
22 | by the declaration or bylaws. Directors and
officers | ||||||
23 | liability coverage must extend to all contracts and | ||||||
24 | other
actions taken by the board in their official | ||||||
25 | capacity as directors and
officers, but this coverage | ||||||
26 | shall exclude actions for
which the directors are not |
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1 | entitled to
indemnification under the General Not For | ||||||
2 | Profit Corporation Act of
1986 or the declaration and | ||||||
3 | bylaws of the association. The coverage required by | ||||||
4 | this subparagraph (D) shall include, but not be limited | ||||||
5 | to, coverage of: defense of non-monetary actions; | ||||||
6 | defense of breach of contract; and defense of decisions | ||||||
7 | related to the placement or adequacy of insurance. The | ||||||
8 | coverage required by this subparagraph (D) shall | ||||||
9 | include as an insured: past, present, and future board | ||||||
10 | members while acting in their capacity as members of | ||||||
11 | the board of directors; the managing agent; and | ||||||
12 | employees of the board of directors and the managing | ||||||
13 | agent.
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14 | (b) Contiguous units; improvements and betterments. The | ||||||
15 | insurance
maintained under subdivision (a)(1) must include the | ||||||
16 | units, the limited
common elements except as otherwise | ||||||
17 | determined by the board of managers,
and the common elements. | ||||||
18 | The insurance need not cover improvements and
betterments to | ||||||
19 | the units installed by unit owners, but if improvements
and | ||||||
20 | betterments are covered, any increased cost may be assessed by | ||||||
21 | the
association against the units affected.
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22 | Common elements include fixtures located within the | ||||||
23 | unfinished
interior surfaces of the perimeter walls, floors, | ||||||
24 | and ceilings of the
individual units initially installed by the | ||||||
25 | developer. Common elements
exclude floor, wall, and ceiling | ||||||
26 | coverings. "Improvements and
betterments" means all |
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1 | decorating, fixtures, and furnishings installed
or added to and | ||||||
2 | located within the boundaries of the unit, including
electrical | ||||||
3 | fixtures, appliances, air conditioning and heating
equipment, | ||||||
4 | water heaters, or built-in cabinets installed by unit owners , | ||||||
5 | or any other additions, alterations, or upgrades installed or | ||||||
6 | purchased by any unit owner .
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7 | (c) Deductibles. The board of directors of the association | ||||||
8 | may,
in the case of a claim for damage to a unit or the common | ||||||
9 | elements, (i)
pay the deductible amount as a common expense, | ||||||
10 | (ii) after notice and an
opportunity for a hearing, assess the | ||||||
11 | deductible amount against the
owners who caused the damage or | ||||||
12 | from whose units the damage or cause of
loss originated, or | ||||||
13 | (iii) require the unit owners of the units affected
to pay the | ||||||
14 | deductible amount.
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15 | (d) Other coverages. The declaration may require the | ||||||
16 | association
to carry any other insurance, including workers | ||||||
17 | compensation,
employment practices, environmental hazards, and | ||||||
18 | equipment breakdown,
the board of directors considers | ||||||
19 | appropriate to protect the
association, the unit owners, or | ||||||
20 | officers, directors, or agents of the
association.
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21 | (e) Insured parties; waiver of subrogation. Insurance | ||||||
22 | policies
carried pursuant to subsections (a) and (b) must | ||||||
23 | include each of the
following provisions:
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24 | (1) Each unit owner and secured party is an insured | ||||||
25 | person under
the policy with respect to liability arising | ||||||
26 | out of the unit owner's
interest in the common elements or |
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1 | membership in the association.
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2 | (2) The insurer waives its right to subrogation under | ||||||
3 | the policy
against any unit owner of the condominium or | ||||||
4 | members of the unit
owner's household and against the | ||||||
5 | association and members of the board
of directors.
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6 | (3) The unit owner waives his or her right to | ||||||
7 | subrogation under
the association policy against the | ||||||
8 | association and the board of
directors.
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9 | (f) Primary insurance. If at the time of a loss under the | ||||||
10 | policy
there is other insurance in the name of a unit owner | ||||||
11 | covering the same
property covered by the policy, the | ||||||
12 | association's policy is primary
insurance.
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13 | (g) Adjustment of losses; distribution of proceeds. Any | ||||||
14 | loss
covered by the property policy under subdivision (a)(1) | ||||||
15 | must be
adjusted by and with the association. The insurance | ||||||
16 | proceeds for that
loss must be payable to the association, or | ||||||
17 | to an insurance trustee
designated by the association for that | ||||||
18 | purpose. The insurance trustee
or the association must hold any | ||||||
19 | insurance proceeds in trust for unit
owners and secured parties | ||||||
20 | as their interests may appear. The proceeds
must be disbursed | ||||||
21 | first for the repair or restoration of the damaged
common | ||||||
22 | elements, the bare walls, ceilings, and floors of the units, | ||||||
23 | and
then to any improvements and betterments the association | ||||||
24 | may insure.
Unit owners are not entitled to receive any portion | ||||||
25 | of the proceeds
unless there is a surplus of proceeds after the | ||||||
26 | common elements and
units have been completely repaired or |
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1 | restored or the association has
been terminated as trustee.
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2 | (h) Mandatory unit owner coverage. The board of directors | ||||||
3 | may,
under the declaration and bylaws or by rule, require | ||||||
4 | condominium unit
owners to obtain insurance covering their | ||||||
5 | personal liability and
compensatory (but not consequential) | ||||||
6 | damages to another unit caused by
the negligence of the owner | ||||||
7 | or his or her guests, residents, or invitees,
or regardless of | ||||||
8 | any negligence originating from the unit. The personal
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9 | liability of a unit owner or association member must include | ||||||
10 | the
deductible of the owner whose unit was damaged, any damage | ||||||
11 | not covered
by insurance required by this subsection, as well | ||||||
12 | as the decorating,
painting, wall and floor coverings, trim, | ||||||
13 | appliances, equipment, and
other furnishings.
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14 | If the unit owner does not purchase or produce evidence of
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15 | insurance requested by the board, the directors may purchase | ||||||
16 | the
insurance coverage and charge the premium cost back to the | ||||||
17 | unit owner.
In no event is the board liable to any person | ||||||
18 | either with regard
to its decision not to purchase the | ||||||
19 | insurance, or with regard to the timing of
its purchase of the | ||||||
20 | insurance or the amounts or types of coverages
obtained.
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21 | (i) Certificates of insurance. Contractors and vendors | ||||||
22 | (except public
utilities) doing business
with a condominium | ||||||
23 | association under contracts exceeding $10,000 per
year must | ||||||
24 | provide certificates of insurance naming the association, its
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25 | board of directors, and its managing agent as additional | ||||||
26 | insured parties.
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1 | (j) Non-residential condominiums. The provisions of this | ||||||
2 | Section
may be varied or waived in the case of a condominium | ||||||
3 | community in which
all units are restricted to nonresidential | ||||||
4 | use.
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5 | (k) Settlement of claims. Any insurer defending a liability | ||||||
6 | claim
against a condominium association must notify the | ||||||
7 | association of the
terms of the settlement no less than 10 days | ||||||
8 | before settling the claim.
The association may not veto the | ||||||
9 | settlement unless otherwise provided
by contract or statute. | ||||||
10 | (l) The changes to this Section made by this amendatory Act | ||||||
11 | of the 98th General Assembly apply only to insurance policies | ||||||
12 | issued or renewed on or after June 1, 2015.
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13 | (Source: P.A. 92-518, eff. 6-1-02.)
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