BILLS AFFECTING COMMUNITY ASSOCIATION

PENDING IN THE 96TH GENERAL ASSEMBLY
posted 4/3/10

THE FOLLOWING ARE BILLS WHICH HAVE BEEN INTRODUCED INTO THE 96^TH GENERAL ASSEMBLY AFFECTING COMMUNITY ASSOCIATIONS.  (If you wish to view a Bill in its entirety, please visit www.ilga.gov and enter in the Bill number on the left side of the page.)

Senate Bill 3175/House Bill 5522 – Condominium Smoking Restrictions.  This proposed legislation provides that an association’s bylaws restricting the use of the units may include prohibitions on smoking tobacco products.  ILAC approves this Bill.  On March 19, 2010, the Bill was assigned to Committee on Assignments.

Senate Bill 3064 – Homeowners Association – Dredging.  This proposed legislation amends the General Not For Profit Corporation Act of 1986 and provides that a homeowners’ association organized under the Act may not, in its own capacity or through its member or any other entity, dredge any sediment or silt from a body of water located, in whole or part, within a common area of the association or redeposit any of that sediment or silt on property within any area of the association, unless certain notice, testing, and compensation requirements are met.  Authorizes members of the association to obtain injunctive relief if the requirements of this provision are not met.  ILAC opposes this Bill.  The Bill is on the Second Reading in the Senate.

Senate Bill 3180 – Common Interest Community Association Act.  This Bill will create a separate Act which will govern community associations (e.g., homeowners associations, townhome associations, etc.) not governed under the Illinois Condominium Property Act.  This Bill passed the Senate and is pending on the Second Reading in the House.

House Bill 5125 – Condominium Rent Provisions.  This Bill provides that if a community association bylaws (both condominium and non-condominium) is changed to prohibit leasing, a unit owner incorporated as a 26 USC 501(c)(3) as charitable organization and is leasing the unit at the time of the amendment, may continue to rent the unit until sale.  ILAC opposes this Bill.  Passed House; First Reading in the Senate; Judiciary Committee.

House bill 4934 – Amends the Community Association Manager Licensing and Disciplinary Act.  This proposed legislation would allow the Department of Financial and Professional Regulation to determine the moral character of an applicant for licensure by taking into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.  ILAC approves this Bill.  This Bill passed the House and is pending in the Senate.

House Bill 5281 – Amends the Community Association Manager Licensing and Disciplinary Act.  This proposed legislation provides that all community associations that have 10 or more units and are registered in the State as not-for-profit corporations shall pay to the Department a fee of $50 plus an additional $1 per unit within 30 days after July 1, 2010, and every 5 years thereafter instead of every 2 years.  ILAC opposed this Bill.  The Bill has been postponed.

House Bill 5429 – Solar Rights Act.  This Bill would create the Solar Rights Act that applies to buildings 30 feet in height or less.  ILAC has no position.

House Bill 6082 – Amends the Illinois Condominium Property Act.  This proposed legislation provides that when making a determination of any percentage or aggregate number of votes, a garage unit or storage unit, or both, in total, have no more votes than their aggregate percentage of ownership; this shall mean that if garage units or storage units, or both, are to be given a vote, that the association must add the total of garage units or storage units, or both, and divide the total by the number of garage units, storage units, or both, to determine the vote of each garage unit or storage unit (instead of a unit shall not include a garage unit or a storage unit).  ILAC approves this Bill.  This Bill passed the House and is pending in the Senate on the Second Reading.