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| Public Act 095-0221 |
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AN ACT concerning property.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Condominium Property Act is amended by | ||||
changing Section 30 as follows:
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(765 ILCS 605/30) (from Ch. 30, par. 330)
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Sec. 30. Conversion condominiums; notice; recording.
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(a)(1) No real estate may be submitted to the provisions of | ||||
the
Act as a conversion condominium unless (i) a notice of | ||||
intent to submit
the real estate to this Act (notice of intent) | ||||
has been given to all persons
who were tenants of the building | ||||
located on the real estate on the date
the notice is given. | ||||
Such notice shall be given at least 30 days, and
not more than | ||||
1 year prior to the recording of the declaration which submits
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the real estate to this Act; and (ii) the developer executes | ||||
and acknowledges
a certificate which shall be attached to and | ||||
made a part of the declaration
and which provides that the | ||||
developer, prior to the execution by him or
his agent of any | ||||
agreement for the sale of a unit, has given a copy of the
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notice of intent to all persons who were tenants of the | ||||
building located
on the real estate on the date the notice of | ||||
intent was given.
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(a)(2) If the owner fails to provide a tenant with notice | ||||
of the intent to convert as defined in this Section, the tenant | ||
permanently vacates the premises as a direct result of | ||
non-renewal of his or her lease by the owner, and the tenant's | ||
unit is converted to a condominium by the filing of a | ||
declaration submitting a property to this Act without having | ||
provided the required notice, then the owner is liable to the | ||
tenant for the following:
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(A) the tenant's actual moving expenses incurred when | ||
moving from the subject property, not to exceed $1,500;
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(B) three month's rent at the subject property; and
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(C) reasonable attorney's fees and court costs.
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(b) Any developer of a conversion condominium must, upon | ||
issuing the notice
of intent, publish and deliver along with | ||
such notice of intent, a schedule
of selling prices for all | ||
units subject to the condominium instruments and
offer to sell | ||
such unit to the current tenants, except for units to be | ||
vacated
for rehabilitation subsequent to such notice of intent. | ||
Such offer shall
not expire earlier than 30 days after receipt | ||
of the offer by the current
tenant, unless the tenant notifies | ||
the developer in writing of his election
not to purchase the | ||
condominium unit.
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(c) Any tenant who was a tenant as of the date of the | ||
notice of intent and
whose tenancy expires (other than for | ||
cause) prior to the expiration of
120 days from the date on | ||
which a copy of the notice of intent was given
to the tenant | ||
shall have the right to extend his tenancy on the same terms
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and conditions and for the same rental until the expiration of | ||
such 120
day period by the giving of written notice thereof to | ||
the developer within
30 days of the date upon which a copy of | ||
the notice of intent was given
to the tenant by the developer.
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(d) Each lessee in a conversion condominium shall be | ||
informed by the developer
at the time the notice of intent is | ||
given whether his tenancy will be renewed
or terminated upon | ||
its expiration. If the tenancy is to be renewed, the
tenant | ||
shall be informed of all charges, rental or otherwise, in | ||
connection
with the new tenancy and the length of the term of | ||
occupancy proposed in
conjunction therewith.
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(e) For a period of 120 days following his receipt of the | ||
notice of intent,
any tenant who was a tenant on the date the | ||
notice of intent was given shall
be given the right to purchase | ||
his unit on substantially the same terms
and conditions as set | ||
forth in a duly executed contract to purchase the
unit, which | ||
contract shall conspicuously disclose the existence
of, and | ||
shall be subject to, the right of first refusal. The tenant may
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exercise the right of first refusal by giving notice thereof to | ||
the developer
prior to the expiration of 30 days from the | ||
giving of notice by the developer
to the tenant of the | ||
execution of the contract to purchase the unit.
The tenant may | ||
exercise such right of first refusal within 30 days from
the | ||
giving of notice by the developer of the execution of a | ||
contract to
purchase the unit, notwithstanding the expiration | ||
of the 120 day period
following the tenant's receipt of the | ||
notice of intent, if such contract
was executed prior to the | ||
expiration of the 120 day period. The
recording of the deed | ||
conveying the unit to the purchaser which contains
a statement | ||
to the effect that the tenant of the unit either waived or | ||
failed
to exercise the right of first refusal or option or had | ||
no right of first
refusal or option with respect to the unit | ||
shall extinguish any legal or
equitable right or interest to | ||
the possession or acquisition of the unit which
the tenant may | ||
have or claim with respect to the unit arising out of the
right | ||
of first refusal or option provided for in this Section. The | ||
foregoing
provision shall not affect any claim which the tenant | ||
may have against
the landlord for damages arising out of the | ||
right of first refusal
provided for in this Section.
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(f) During the 30 day period after the giving of notice of | ||
an executed contract
in which the tenant may exercise the right | ||
of first refusal, the developer
shall grant to such tenant | ||
access to any portion of the building to inspect
any of its | ||
features or systems and access to any reports, warranties, or
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other documents in the possession of the developer which | ||
reasonably pertain
to the condition of the building. Such | ||
access shall be subject to reasonable
limitations, including as | ||
to hours. The refusal of the developer to grant
such access is | ||
a business offense punishable by a fine of $500. Each refusal
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to an individual lessee who is a potential purchaser is a | ||
separate violation.
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(g) Any notice provided for in this Section shall be deemed | ||
given when a written
notice is delivered in person or mailed, | ||
certified or registered mail, return
receipt requested to the | ||
party who is being given the notice.
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(h) Prior to their initial sale, units offered for sale in | ||
a conversion
condominium and occupied by a tenant at the time | ||
of the offer shall be shown to
prospective purchasers only a | ||
reasonable number of times and at appropriate
hours. Units may | ||
only be shown to prospective purchasers during the last 90
days | ||
of any expiring tenancy.
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(i) Any provision in any lease or other rental agreement, | ||
or any termination
of occupancy on account of condominium | ||
conversion, not authorized herein,
or contrary to or waiving | ||
the foregoing provisions, shall be deemed to be
void as against | ||
public policy.
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(j) A tenant is entitled to injunctive relief to enforce | ||
the provisions of subsections (a) and (c) of this Section.
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(k) A non-profit housing organization, suing on behalf of | ||
an aggrieved tenant under this Section, may also recover | ||
compensation for reasonable attorney's fees and court costs | ||
necessary for filing such action.
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(l) Nothing in this Section shall affect any provision in | ||
any lease or rental
agreement in effect before this Act becomes | ||
law.
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(m)
(b) Nothing in this amendatory Act of 1978 shall be | ||
construed to imply
that there was previously a requirement to | ||
record the notice provided for
in this Section
subsection (a).
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(Source: P.A. 88-417.)
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