GOVERNOR RAUNER VETOES BILL WHICH WOULD HAVE CHANGED SECTION 18.8 “COMMON ELEMENTS; RIGHTS OF THE BOARD” OF THE ILLINOIS CONDOMINIUM PROPERTY ACT.

HB 2644 (Rep. Cassidy), would have amended former Section 18.8 “Common Elements; rights of board” of the Illinois Condominium Property Act. This bill re-numbers the Section to 18.9 and substantively, it limits provisions in community instruments which can be considered void to those provisions which attempt to limit a board’s right under Section 9.1(b) to institute an action in court or otherwise compel arbitration or mediation prior to court. The bill clarifies that all provisions in governing documents limiting or restricting a board’s right to act are not necessarily void against public policy. Additionally, this bill removes subsection (b) which provided that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners.

On March 19, 2015 the bill passed the House with a vote of 63 in favor and 50 against and 1 voting present. On May 21, 2015 the bill passed the Senate with 54 voting in favor and 0 against, with 1 voting present. Governor Rauner vetoed the bill, providing the following message:

Today I veto House Bill 2644 from the 99th General Assembly, which would limit the rights of condominium owners.

Current law permits condominium owners, acting by approval of 75% of unit owners, to limit or restrict certain rights of their board with respect to disputes and legal actions. This bill would remove that right and automatically void any contrary provision in a condominium instrument. This bill is an unnecessary restriction on the rights of condominium owners with respect to their property.”

At this time there is no actual change to the law, however we will continue to monitor the possibility of the Illinois General Assembly voting to override Rauner’s veto.

You can view the status of Bill Status of HB2644 99th General Assembly here.

If we can assist your association in a legal matter, do not hesitate to contact KSN at 855-537-0550 or visit our website at www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

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