Rep. Kelly M. Cassidy
Filed: 4/29/2014
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1 | AMENDMENT TO SENATE BILL 2892
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2 | AMENDMENT NO. ______. Amend Senate Bill 2892 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Condominium Property Act is amended by | ||||||
5 | adding Section 18.8 as follows:
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6 | (765 ILCS 605/18.8 new) | ||||||
7 | Sec. 18.8. Common elements; rights of board. | ||||||
8 | (a) Any provision in a condominium instrument is void as | ||||||
9 | against public policy and ineffective if it limits or restricts | ||||||
10 | the rights of the board of managers by: | ||||||
11 | (1) requiring the prior consent of the unit owners in | ||||||
12 | order for the board of managers to take any action, | ||||||
13 | including the institution of any action in court or a | ||||||
14 | demand for a trial by jury; or | ||||||
15 | (2) notwithstanding Section 32 of this Act, requiring | ||||||
16 | the board of managers to arbitrate or mediate a dispute |
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1 | with any one or more of all of the declarants under the | ||||||
2 | condominium instruments or the developer or any person not | ||||||
3 | then a unit owner prior to the institution of any action by | ||||||
4 | the board of managers or a demand for a trial by jury. | ||||||
5 | (b) A provision in a declaration which would otherwise be | ||||||
6 | void and ineffective under this Section may be enforced if it | ||||||
7 | is approved by a vote of not less than 75% of the unit owners at | ||||||
8 | any time after the election of the first unit owner board of | ||||||
9 | managers. ".
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