Public Act 099-0612
 
HB5696 EnrolledLRB099 18117 HEP 42483 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Common Interest Community Association  Act is 
amended  by changing Sections 1-5 and 1-85 as follows:
 
    (765 ILCS 160/1-5)
    Sec. 1-5. Definitions. As used in this Act, unless the 
context otherwise requires:
    "Acceptable technological means" includes, without 
limitation, electronic transmission over the Internet or other 
network, whether by direct connection, intranet, telecopier, 
or electronic mail, and any generally available technology 
that, by rule of the association, is deemed to provide 
reasonable security, reliability, identification, and 
verifiability. 
    "Association" or "common interest community association" 
means the association of all the members of a common interest 
community, acting pursuant to  bylaws or an operating agreement 
through its duly elected board of managers or board of 
directors.
    "Board" means a common interest community association's 
board of managers or board of directors, whichever is 
applicable.
    "Board member" or "member of the board" means a member of 
the board of managers or the board of directors, whichever is 
applicable.
    "Board of directors" means, for a common interest community 
that has been incorporated as an Illinois not-for-profit 
corporation, the group of people elected by the members of a 
common interest community as the governing body to exercise for 
the members of the common interest community association all 
powers, duties, and authority vested in the board of directors 
under this Act and the common interest community association's 
declaration and bylaws.
    "Board of managers" means, for a common interest community 
that is an unincorporated association or organized as a limited 
liability company, the group of people elected by the members 
of a common interest community as the governing body to 
exercise for the members of the common interest community 
association all powers, duties, and authority vested in the 
board of managers under this Act and the common interest 
community association's declaration, bylaws, or operating 
agreement.
    "Building" means all structures, attached or unattached, 
containing one or more units.
    "Common areas" means the portion of the property other than 
a unit.
    "Common expenses" means the proposed or actual expenses 
affecting the property, including reserves, if any, lawfully 
assessed by the common interest community association.
    "Common interest community" means real estate other than a 
condominium or cooperative with respect to which any person by 
virtue of his or her ownership of a partial interest or a unit 
therein is obligated to pay for the maintenance, improvement, 
insurance premiums or real estate taxes of common areas 
described in a declaration which is administered by an 
association.  "Common interest community" may include, but not 
be limited to, an attached or detached townhome, villa, or 
single-family home. A "common interest community" does not 
include a master association. 
    "Community instruments" means all documents and authorized 
amendments thereto recorded by a developer or common interest 
community association, including, but not limited to,  the 
declaration, bylaws, operating agreement, plat of survey, and 
rules and regulations.
    "Declaration" means any duly  recorded instruments, however 
designated, that have created a common interest community and 
any duly recorded amendments to those instruments.
    "Developer" means any person who submits property legally 
or equitably owned in fee simple by the person to the 
provisions of this Act, or any person who offers units legally 
or equitably owned in fee simple by the person for sale in the 
ordinary course of such person's business, including any 
successor to such person's entire interest in the property 
other than the purchaser of an individual unit.
    "Developer control" means such control at a time prior to 
the election of the board of the common interest community 
association by a majority of the members other than the 
developer.
    "Electronic transmission" means any form of communication, 
not directly involving the physical transmission of paper, that 
creates a record that may be retained, retrieved, and reviewed 
by a recipient and that may be directly reproduced in paper 
form by the recipient through an automated process. 
    "Majority" or "majority of the members" means the owners of 
more than 50% in the aggregate in interest of the undivided 
ownership of the common elements. Any specified percentage of 
the members means such percentage in the aggregate in interest 
of such undivided ownership. "Majority" or "majority of the 
members of the board of the common interest community 
association" means more than 50% of the total number of persons 
constituting such board pursuant to the bylaws or operating 
agreement. Any specified percentage of the members of the 
common interest community association means that percentage of 
the total number of persons constituting such board pursuant to 
the bylaws or operating agreement.
    "Management company" or "community association manager" 
means a person, partnership, corporation, or other legal entity 
entitled to transact business on behalf of others, acting on 
behalf of or as an agent for an association for the purpose of 
carrying out the duties, responsibilities, and other 
obligations necessary for the day to day operation and 
management of any property subject to this Act.



    "Meeting of the board" or "board meeting" means any 
gathering of a quorum of the members of the board of the common 
interest community association held for the purpose of 
conducting board business.
    "Member" means the person or entity designated as an owner 
and entitled to one vote as defined by the community 
instruments. The terms "member" and "unit owner" may be used 
interchangeably as defined by the community instruments, 
except in situations in which a matter of legal title to the 
unit is involved or at issue, in which case the term "unit 
owner" would be the applicable term used. 
    "Membership" means the collective group of members 
entitled to vote as defined by the community instruments. 
    "Parcel" means the lot or lots or tract or tracts of land 
described in the declaration as part of a common interest 
community.
    "Person" means a natural individual, corporation, 
partnership, trustee, or other legal entity capable of holding 
title to real property.
    "Plat" means a plat or plats of survey of the parcel and of 
all units in the common interest community, which may consist 
of a three-dimensional horizontal and vertical delineation of 
all such units, structures, easements, and common areas on the 
property.
    "Prescribed delivery method" means mailing, delivering, 
posting in an association publication that is routinely mailed 
to all members, electronic transmission, or any other delivery 
method that is approved in writing by the member and authorized 
by the community instruments. 
    "Property" means all the land, property, and space 
comprising the parcel, all improvements and structures 
erected, constructed or contained therein or thereon, 
including any building and all easements, rights, and 
appurtenances belonging thereto, and all fixtures and 
equipment intended for the mutual use, benefit, or enjoyment of 
the members, under the authority or control of a common 
interest community association.
    "Purchaser" means any person or persons, other than the 
developer, who purchase a unit in a bona fide transaction for 
value.
    "Record" means to record in the office of the recorder of 
the county wherein the property is located.
    "Reserves" means those sums paid by members which are 
separately maintained by the common interest community 
association for purposes specified by the declaration and 
bylaws of the common interest community association.
    "Unit" means a part of the property designed and intended 
for any type of independent use.
    "Unit owner" means the person or persons whose estates or 
interests, individually or collectively, aggregate fee simple 
absolute ownership of a unit.

(Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15.)
 
    (765 ILCS 160/1-85)
    Sec. 1-85. Use of technology.
    (a) Any notice required to be sent or received or 
signature, vote, consent, or approval required to be obtained 
under any community instrument or any provision of this Act may 
be accomplished using acceptable technological means the 
technology generally available at that time. This Section 
governs the use of technology in implementing the provisions of 
any community instrument or any provision of this Act 
concerning notices, signatures, votes, consents, or approvals.
    (b) The common interest community association, unit 
owners, and other persons entitled to occupy a unit may perform 
any obligation or exercise any right under any community 
instrument or any provision of this Act by use of acceptable 
technological means any technological means that provides 
sufficient security, reliability, identification, and 
verifiability.
    (c) A verifiable electronic signature transmitted by 
acceptable technological means satisfies any requirement for a 
signature under any community instrument or any provision of 
this Act.
    (d) Voting on, consent to, and approval of any matter under 
any community instrument or any provision of this Act may be 
accomplished by any acceptable electronic transmission or 
other equivalent technological means, provided that a record is 
created as evidence thereof and maintained as long as the 
record would be required to be maintained in nonelectronic 
form.
    (e) Subject to other provisions of law, no action required 
or permitted by any community instrument or any provision of 
this Act need be acknowledged before a notary public if the 
identity and signature of the signatory person can otherwise be 
authenticated to the satisfaction of the board of directors.
    (f) If any person does not provide written authorization to 
conduct business using acceptable electronic transmission or 
other equivalent technological means, the common interest 
community association shall, at its expense, conduct business 
with the person without the  use of acceptable electronic 
transmission or other equivalent technological means.
    (g) This Section does not apply to any notices required: 
(i) under Article IX of the Code of Civil Procedure; or (ii) in 
connection with related to: (i) an action by the common 
interest community association to collect a common expense; or 
(ii) foreclosure proceedings in enforcement of any lien rights 
under this Act.

(Source: P.A. 98-1042, eff. 1-1-15.)
 
    Section 10. The Condominium Property Act is amended  by 
changing Sections 2 and 18.8 as follows:
 


    (765 ILCS 605/2)  (from Ch. 30, par. 302)




    Sec. 2. Definitions. As used in this Act, unless the 
context otherwise
requires:

    (a) "Declaration" means the instrument by which the 
property is
submitted to the provisions of this Act, as 
hereinafter provided, and such
declaration as from time to time 
amended.

    (b) "Parcel" means the lot or lots, tract or tracts of 
land, described
in the declaration, submitted to the provisions 
of this Act.

    (c) "Property" means all the land, property and space 
comprising the
parcel, all improvements and structures 
erected, constructed or contained
therein or thereon, 
including the building and all easements, rights and

appurtenances belonging thereto, and all fixtures and 
equipment intended
for the mutual use, benefit or enjoyment of 
the unit owners, submitted to
the provisions of this Act.

    (d) "Unit" means a part of the property designed and 
intended for any type
of independent use.

    (e) "Common Elements" means all portions of the property 
except the
units, including limited common elements unless 
otherwise specified.

    (f) "Person" means a natural individual, corporation, 
partnership,
trustee or other legal entity capable of holding 
title to real property.

    (g) "Unit Owner" means the person or persons whose estates 
or interests,
individually or collectively, aggregate fee 
simple absolute ownership of a
unit, or, in the case of a 
leasehold condominium, the lessee or lessees of a
unit whose 
leasehold ownership of the unit expires simultaneously with the

lease described in item (x) of this Section.

    (h) "Majority" or "majority of the unit owners" means the 
owners of more
than 50% in the aggregate in interest of the 
undivided ownership of the
common elements.  Any specified 
percentage of the unit owners means such
percentage in the 
aggregate in interest of such undivided ownership.
"Majority" 
or "majority of the members of the board of managers" means

more than 50% of the total number of persons constituting such 
board
pursuant to the bylaws.  Any specified percentage of the 
members of the
board of managers means that percentage of the 
total number of persons
constituting such board pursuant to the 
bylaws.

    (i) "Plat" means a plat or plats of survey of the parcel 
and of all
units in the property submitted to the provisions of 
this Act, which may
consist of a three-dimensional horizontal 
and vertical delineation of all
such units.

    (j) "Record" means to record in the office of the recorder 
or,
whenever required, to file in the office of the Registrar 
of Titles of the
county wherein the property is located.

    (k) "Conversion Condominium" means a property which 
contains structures,
excepting those newly constructed and 
intended for condominium ownership, which
are, or have 
previously been, wholly or partially occupied before recording 
of
condominium instruments by persons other than those who have 
contracted for the
purchase of condominiums.

    (l) "Condominium Instruments" means all documents and 
authorized
amendments thereto recorded pursuant to the 
provisions of the Act,
including the declaration, bylaws and 
plat.

    (m) "Common Expenses" means the proposed or actual expenses 
affecting
the property, including reserves, if any, lawfully 
assessed by the Board
of Managers of the Unit Owner's 
Association.

    (n) "Reserves" means those sums paid by unit owners which 
are separately
maintained by the board of managers for purposes 
specified by the board
of managers or the condominium 
instruments.

    (o) "Unit Owners' Association" or "Association" means the 
association
of all the unit owners, acting pursuant to bylaws 
through its duly elected
board of managers.

    (p) "Purchaser" means any person or persons other than the 
Developer who
purchase a unit in a bona fide transaction for 
value.

    (q) "Developer" means any person who submits property 
legally or equitably
owned in fee simple by the developer, or 
leased to the developer
under a lease described in item (x) of 
this Section, to the
provisions of this
Act, or any person who 
offers units
legally or equitably owned in fee simple by the 
developer, or leased to the
developer under a lease described 
in item (x) of this Section, for
sale
in the ordinary course of

such person's business, including any successor or successors 
to
such developers' entire
interest in the property other than 
the purchaser of an individual unit.

    (r) "Add-on Condominium" means a property to which 
additional property
may be added in accordance with condominium 
instruments and this Act.

    (s) "Limited Common Elements" means a portion of the common 
elements so
designated in the declaration as being reserved for 
the use of a certain
unit or units to the exclusion of other 
units, including but not limited
to balconies, terraces, patios 
and parking spaces or facilities.

    (t) "Building" means all structures, attached or 
unattached, containing
one or more units.

    (u) "Master Association" means an organization described 
in Section 18.5
whether or not it is also an association 
described in Section 18.3.

    (v) "Developer Control" means such control at a time prior 
to the
election
of the Board of Managers provided for in 
Section 18.2(b) of this Act.

    (w) "Meeting of Board of Managers or Board of Master 
Association"
means any gathering of a quorum of the members of 
the Board
of Managers or Board of the Master Association held 
for the purpose of
conducting board business.

    (x) "Leasehold Condominium" means a property submitted to 
the provisions
of this Act which is subject to a lease, the 
expiration or termination of which
would terminate the 
condominium and the lessor of which is (i) exempt from
taxation

under Section 501(c)(3) of the Internal Revenue Code of 1986, 
as amended,
(ii) a
limited liability company whose sole member 
is exempt from taxation under
Section 501
(c)(3) of the 
Internal Revenue Code of 1986, as amended, or (iii)
a Public 
Housing Authority created pursuant to the
Housing Authorities 
Act that is located in a municipality having a population
in

excess of 1,000,000 inhabitants.
    (y) "Electronic transmission" means any form of 
communication, not directly involving the physical 
transmission of paper, that creates a record that may be 
retained, retrieved, and reviewed by a recipient and that may 
be directly reproduced in paper form by the recipient through 
an automated process.
    (z) "Acceptable technological means" includes, without 
limitation, electronic transmission over the Internet or other 
network, whether by direct connection, intranet, telecopier, 
or electronic mail, and any generally available technology 
that, by rule of the association, is deemed to provide 
reasonable security, reliability, identification, and 
verifiability. 

(Source: P.A. 98-1042, eff. 1-1-15.)

 
    (765 ILCS 605/18.8)
    Sec. 18.8. Use of technology.
    (a) Any notice required to be sent or received or 
signature, vote, consent, or approval required to be obtained 
under any condominium instrument or any provision of this Act 
may be accomplished using acceptable technological means the 
technology generally available at that time. This Section shall 
govern the use of technology in implementing the provisions of 
any condominium instrument or any provision of this Act 
concerning notices, signatures, votes, consents, or approvals.
    (b) The association, unit owners, and other persons 
entitled to occupy a unit may perform any obligation or 
exercise any right under any condominium instrument or any 
provision of this Act by use of acceptable technological means 
any technological means that provides sufficient security, 
reliability, identification, and verifiability.
    (c) A verifiable electronic signature transmitted by 
acceptable technological means satisfies any requirement for a 
signature under any condominium instrument or any provision of 
this Act.
    (d) Voting on, consent to, and approval of any matter under 
any condominium instrument or any provision of this Act may be 
accomplished by any acceptable electronic transmission or 
other equivalent technological means, provided that a record is 
created as evidence thereof and maintained as long as the 
record would be required to be maintained in nonelectronic 
form.
    (e) Subject to other provisions of law, no action required 
or permitted by any condominium instrument or any provision of 
this Act need be acknowledged before a notary public if the 
identity and signature of the signatory person can otherwise be 
authenticated to the satisfaction of the board of directors or 
board of managers.
    (f) If any person does not provide written authorization to 
conduct business using acceptable electronic transmission or 
other equivalent technological means, the association shall, 
at its expense, conduct business with the person without the 
use of acceptable electronic transmission or other equivalent 
technological means.
    (g) This Section does not apply to any notices required: 
(i) under Article IX of the Code of Civil Procedure; or (ii) in 
connection with related to: (i) an action by the association to 
collect a common expense; or (ii) foreclosure proceedings in 
enforcement of any lien rights under this Act.

(Source: P.A. 98-1042, eff. 1-1-15; 99-78, eff. 7-20-15.)