Real Estate Law

(Cassidy, D-Chicago; Steans, D-Chicago) makes the following changes to the Condominium Property Act. (1) Bylaws must require that each unit owner receive a copy of the proposed annual budget at least 25 (instead of 30) days before adoption by the board of managers. (2) Authorizes a board to ratify and confirm actions taken in response to an emergency. Bylaws must require that the board of managers give notice to the unit owners of the emergency and general description of the actions taken because of the emergency within seven business days after the emergency. (3) Provides that the condominium instruments may be amended with the approval of, or notice to, any mortgagee or other lienholder of record if required under the provisions of the instruments. Current law is only “with the approval of any mortgagees required under the provisions of the condominium instruments.” (4) If there is an error in an instrument so that the instrument does not conform to the Act or other law, the association may correct the instrument by an amendment adopted by two-thirds of the board of managers without a unit-owner vote. If there is a provision in a condominium instrument requiring or allowing unit owners, mortgagees, or other lienholders of record to vote to approve an amendment to a condominium instrument, or for the mortgagees or other lienholders of record to be given notice of an amendment to a condominium instrument, that provision is not applicable to an amendment to the extent that the amendment corrects an omission, error, or inconsistency to conform the condominium instrument to the law. (5) Expands what a board may discuss in a closed session to include “information relating to” litigation, employment, and a unit owner’s unpaid share of common expenses. (6) Authorizes board members to participate in and act at any meeting of the board of managers in person, by telephonic means, or by use of any acceptable technological means in which all persons participating in the meeting can communicate with each other. This kind of participation constitutes attendance and presence in person at the meeting. (7) Amends the Common Interest Community Association Act. Deletes language providing that all provisions of the declaration, bylaws, and other community instruments severed by the Act shall be revised by the board of directors independent of the membership to comply with the Act. House Bill 2640 passed both chambers last week.

(Holmes, D-Aurora; Keith Wheeler, R-Oswego) authorizes the Kane County Board, with concurrence of the chief judge of the circuit, to impose a judicial facilities fee not to exceed $30. It will be imposed on civil litigants and defendants in criminal cases. Passed both chambers.

(Hastings, D-Matteson; Kelly Burke, D-Oak Lawn) makes associations organized as limited liability companies subject to the Act. Passed both chambers.

(Haine, D-Alton; Beiser, D-Alton) provides that no action to incorporate a common interest community as a municipality may commence until an instrument agreeing to incorporation has been signed by 51% (instead of two-thirds) of the members. Passed both chambers.

(Andersson, R-Geneva; McConnaughy, R-St. Charles) creates an alternative proceeding to take place after the expiration of the time in which judicial review may be sought after a final determination of a code violation. If a defendant has failed to comply with a judgment to correct a code violation or pay a fine, any expenses incurred by a municipality to enforce the judgment shall be a debt due and owing the municipality by the defendant. Authorizes the municipality to impose a lien on the real estate or personal estate of the defendant in the amount of any debt due to the municipality. Permits a hearing officer to set aside any judgment entered by default and set a new hearing date if the hearing officer determines that the petitioner's failure to appear was for good cause or because the municipality did not provide proper service of process. Passed both chambers.