Real Estate Law

Public Act 99-567

Topic: 
Common Interest Community Association Act and the Condominium Property Act

(Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Effective January 1, 2017. 

Public Act 99-569

Topic: 
Common Interest Community Association Act and the Condominium Property Act

(Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Effective January 1, 2017.

 

Hampton v. Metropolitan Water Reclamation District

Illinois Supreme Court
Civil Court
Metropolitan Water Reclamation District Act
Citation
Case Number: 
2016 IL 119861
Decision Date: 
Friday, July 8, 2016
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
GARMAN

Takings clause of Illinois Constitution provides greater protection for property owners than the takings clause in the U.S. Constitution, because it provides remedy for property that is damaged, as well as property that is taken. What constitutes a taking is the same under the takings clause in the Illinois Constitution and in the U.S. Constitution. Certified question on appeal is limited to the meaning of "takings" alone, not of damaged property within the Illinois takings clause. Thus, lower courts have not yet had the opportunity to review whether Plaintiffs have alleged a sufficient claim for compensation for damaged property. Remanded to allow circuit court to consider entirety of Plaintiffs' claim. U.S. Supreme Court's 2012 decision in Arkansas Game & Fish Commission is relevant to determination of whether government-induced temporary flooding is a taking pursuant to Illinois constitution. (THOMAS, KARNEIER, and THEIS, concurring; BURKE, FREEMAN, and KILBRIDE, specially concurring.) 

The Illinois State Toll Highway Authority v. South Barrington Office Center

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2016 IL App (1st) 150960
Decision Date: 
Thursday, June 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD

Tollway Authority filed suit for condemnation against various Defendants, seeking to use its eminent domain power to acquire interests in 3 parcels of property to complete improvements to I-90. Court's factual findings were correct. Tollway Authority's Board passed Resolution which clearly authorized Authority to condemn entire property if it could not be purchased, in that resolution at the very least "reasonably described" entirety of property. The law requires a reasonable description, not an exact one, for resolution for eminent domain. (HOFFMAN and DELORT, concurring.)

House Bill 4633

Topic: 
Unclaimed Life Insurance Benefits Act

(Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017. Passed both chambers. 

ALSJ, Inc. v. Kurtz

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2016 IL App (2d) 150492
Decision Date: 
Thursday, June 30, 2016
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN

Plaintiff filed mortgage foreclosure complaint. Court found that Defendant defaulted on the loan, but also found that Plaintiff violated Mortgage Fraud Act, for “facially outrageous” 1-year balloon mortgage. Court rescinded mortgage documents and awarded attorney fees for Defendant. In combination with its credibility determinations, court reasonably favored Defendant’s documentary evidence over Plaintiff’s. Court did not abuse its discretion in declining to account for potential windfall to Defendant by ordering equitable remedy of rescission. Court was not precluded from awarding attorney fees, which are a form of relief under Consumer Fraud Act. (McLAREN and BIRKETT, concurring.)

Senate Bill 2741

Topic: 
Common Interest Community Association Act

(Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Passed both chambers. 

Senate Bill 2359

Topic: 
Condominium Property Act

(Mulroe, D-Chicago; Martwick, D-Chicago) allows a board of managers to assign the right of the association to future income from common expenses or other sources and to mortgage or pledge substantially all of the remaining assets of the association by a majority vote of the entire board. Passed both chambers.

Senate Bill 2358

Topic: 
Common Interest Community Association Act and the Condominium Property Act

(Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Passed both chambers.

Senate Bill 2354

Topic: 
Common Interest Community Association Act and the Condominium Property Act

(Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Passed both chambers.