Public Act 102-0110
 
HB0058 EnrolledLRB102 02671 AWJ 12674 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Counties Code is amended  by adding Section 
3-5048 as follows:
 
    (55 ILCS 5/3-5048  new)
    Sec. 3-5048. Unlawful restrictive covenant modifications.
    (a) As used in this Section:
    "Declaration" has the meaning given to that term in 
Section 1-5 of the Common Interest Community Association Act 
or Section 2 of the Condominium Property Act, as applicable. 
    "Unlawful restrictive covenant" means any recorded 
covenant or restriction that is void under Section 3-105 of 
the Illinois Human Rights Act which purports to forbid or 
restrict the conveyance, encumbrance, occupancy, or lease 
thereof on the basis of race, color, religion, or national 
origin.
    "Recorder" means the recorder of the county where the 
property subject to the unlawful restrictive covenant is 
located.
    (b) A person or entity may execute and file a restrictive 
covenant modification to an unlawful restrictive covenant in 
accordance with this Section if the person or entity:
        (1) holds an ownership interest in property that is 
    subject to the unlawful restrictive covenant; or
        (2) is a common interest community association, a 
    condominium association, a unit owners' association, a

    residential housing cooperative,
or a master association 
    of a parcel of property  subject to an unlawful restrictive 
    covenant under the following conditions:
            (A) When a parcel of property subject to an 
        unlawful
restrictive covenant is in a common interest 
        community association, condominium association, unit 
        owners' association, residential housing cooperative, 
        or master association, only the board, acting through 
        a majority vote, may execute and file a restrictive 
        covenant modification under this Section. Removal of 
        an unlawful restrictive covenant will not require 
        approval of the owners or members of such association 
        or cooperative, notwithstanding any provision of the 
        governing documents to the contrary. As used in 
        subparagraphs (A) through (D), "board" means the board 
        of managers or directors or the managing trustees of 
        any such association or cooperative.
            (B)
If the board receives a written request by an 
        owner or member of the association or cooperative that 
        the board exercise its authority to execute and file a 
        restrictive covenant modification under this Section, 
        the board shall, within 90 days, investigate any claim 
        of an unlawful restrictive covenant and, if determined 
        to be an unlawful restrictive covenant, shall execute 
        and file a restrictive covenant modification as 
        provided under this Section.
            (C)
If a board fails or refuses to execute and file 
        a restrictive covenant modification after it receives 
        a written request by an owner or member as provided in 
        subparagraph (B), the owner or member who made the 
        written request may bring an action to compel the 
        board to file a restrictive covenant modification. Any 
        owner or member who prevails in such an action to 
        compel shall be entitled to recover reasonable 
        attorneys' fees and costs from the association or 
        cooperative.
            (D)
The board shall give written notice to all 
        owners or members of the association of the 
        restrictive covenant modification along with a copy of 
        such restrictive covenant modification within 21 days 
        after receiving a recorded copy of the documents.
    (c) A restrictive covenant modification shall include:
        (1) a complete copy of the original instrument 
    containing the unlawful restrictive covenant with the 
    language of the unlawful restrictive covenant stricken; 
    and
        (2) a petition to modify an unlawful restrictive 
    covenant, as provided in subsection (d).
    (d) A petition to modify an unlawful restrictive covenant 
shall:
        (1) be signed by the record owner of the property or, 
    in the case of an entity under paragraph (2) of subsection 
    (b), be accompanied by a certification that a majority of 
    the governing body of the entity has agreed to the 
    restrictive covenant modification;
        (2) reference the property index number or unique 
    parcel identification code of the property for which the 
    original instrument containing the unlawful restrictive 
    covenant is recorded; and
        (3) include any other information that the recorder or 
    State's Attorney considers

necessary in carrying out the 
    requirements of this Section.
    (e) On receipt of a restrictive covenant modification, the 
recorder shall submit the restrictive covenant modification 
together with a copy of the original instrument referenced in 
the restrictive covenant modification to the State's Attorney.
    (f) Within 30 days of receipt from the recorder, the 
State's Attorney shall:
        (1) review the restrictive covenant modification and 
    the copy of the original instrument to determine: (i) 
    whether the original instrument contains an unlawful 
    restrictive covenant; and (ii) whether the restrictive 
    covenant modification correctly strikes through only the 
    language of the unlawful restrictive covenant; and
        (2) return the restrictive covenant modification and 
    copy of the original instrument to the recorder together 
    with the State's Attorney's written determination.
    (g) The recorder may not record a restrictive covenant 
modification filed under subsection (b) unless the State's 
Attorney determines that the modification is appropriate in 
accordance with subsection (f). If the State's Attorney's 
written determination finds that the instrument contains an 
unlawful restrictive covenant, the recorder shall record the 
restrictive covenant modification with the language stricken 
as directed by the State's Attorney.
    (h) A recorded restrictive covenant modification shall be 
indexed in the same manner as the original instrument.
    (i) Subject to all lawful covenants, conditions, and 
restrictions that were recorded after the recording of the 
original instrument, the restrictions contained in a duly 
recorded restrictive covenant modification are the only 
restrictions based on the original instrument that apply to 
the property.
    (j) The effective date of the terms and conditions 
contained in a duly recorded restrictive covenant modification 
shall be the same as the effective date of the original 
instrument.
    (k) If a person or entity causes to be filed or recorded a 
restrictive covenant modification that contains modifications 
not authorized under this Section:
        (1) the recorder may not incur any liability for 
    recording the restrictive covenant modification;
        (2) the county may not incur any liability as a result 
    of a determination rendered by the State's Attorney under 
    subsection (f); and
        (3) any costs, fees, or liability that results from 
    the unauthorized filing or recording shall be the sole 
    responsibility of the person or entity that executed the 
    restrictive covenant modification.
    (l) The recorder may impose a fee for filing a restrictive 
covenant modification to an unlawful restrictive covenant 
pursuant to this Section in an amount not to exceed $10.