Real Estate Law

(Mazzochi, R-Westmont) authorizes Cook County to allow a corporation or limited liability company to appear at an administrative hearing proceeding through an officer, a board member, a shareholder with a controlling interest in the corporation, a shareholder of an S corporation, or a member of an limited liability company with power to bind the corporation. It exempts appearances in “contested property tax proceedings.” On second reading in the House. 

( Harmon, Oak Park) makes it the duty of the plaintiff or his or her representative to mail to each defendant listed on the filed affidavit for service by publication a copy of the published notice by first-class mail addressed to each defendant whose place of residence is stated on the affidavit if any defendant cannot be personally served with a summons and complaint. Specifies that it is not the duty of the clerk of court or any nonparty to the case to do this. An affidavit of the plaintiff or his or her representative stating that he or she has mailed the copy of the notice is evidence that this has been done. Scheduled for hearing this Tuesday in Senate  Judiciary Committee. 

(Manley, D-Romeoville,) provides that a director, officer, member, manager. general partner, or person dissociated as a general partner of a business entity remains liable to a home buyer after dissolution of the entity for any obligation arising under a warranty for the sale of a new home. It amends the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Limited Partnership Act (2001). It is scheduled for hearing this Wednesday in House Judiciary Committee. 

(Gong-Gershowitz, D-Glenview) amends the Code of Civil Procedure to provide that unless the action is governed by the procedures or provisions of another statute, a person suffering legal wrong because of a final administrative decision, or adversely affected or aggrieved by a final administrative decision, is entitled to judicial review of the final administrative decision to the same extent, with the same rights and the same responsibilities, as a person who is a party. The only exception is that this person is not entitled to relief if there was a previous public hearing at which the person failed to present his or her position. To the extent necessary, the person may provide new or additional evidence to the court for the limited purpose of demonstrating the legal wrong or adverse effect or impairment that he or she has experienced or may experience as a result of the final administrative decision.

These new provisions are limited to final administrative permitting decisions made by the Department of Agriculture, Environmental Protection Agency, Department of Natural Resources, Department of Public Health, or Department of Transportation that impact the public trust in the waters and lands of this State, State parks or natural areas, threatened or endangered species, surface or ground water quality, air quality, or other matters affecting the right to a healthful environment under the Illinois Constitution. 

For purposes of this Section, "adversely affected or aggrieved" means a plaintiff demonstrates: (1) an injury-in-fact that is concrete and particularized, actual, and imminent; (2) a causal connection between the plaintiff's injury and the defendant's conduct; and (3) a likelihood that a decision in the plaintiff's favor would redress the injury. 

House Bill 2839 is scheduled for hearing next week in House Judiciary Committee. 

(Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the State of Illinois or of any political subdivision. It may do so by a two-thirds vote of the unit members at a meeting duly called for such a purpose or upon such greater vote as may be required by the declaration or bylaws. 

Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee. 

House Bill 1466 is limited to associations with 20 units or less. It has been assigned to House Revenue and Finance Committee for a hearing next week. 

(Andrade, D-Chicago) prohibits a community association manager who provides community association management services from entering into any agreement for payment or commission with any person, corporation, party, partnership, or other entity that provides goods or services to the association without first giving prior written disclosure to the board of managers. Assigned to House Judiciary Committee. 

(Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the State of Illinois or of any political subdivision. It may do so by a two-thirds vote of the members of the board of managers or by the affirmative vote of not less than a majority of the unit owners at a meeting duly called for such a purpose, or upon such greater vote as may be required by the declaration or bylaws.

Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee.

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting an association’s: budgeting practices; sale of property; notice requirements; contracts with board members; voting procedures; property improvement procedures; accounting practices; collection and sharing of records; amendment to the condominium instruments; and subdivision or combination of units. It has been sent to the House floor by the House Judiciary Committee.