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| | HB4783 Enrolled | | LRB098 17140 HEP 52227 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Condominium Property Act is amended by |
| 5 | | adding Section 18.8 as follows:
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| 6 | | (765 ILCS 605/18.8 new) |
| 7 | | Sec. 18.8. Common elements; rights of board. |
| 8 | | (a) Any provision in a condominium instrument is void as |
| 9 | | against public policy and ineffective if it limits or restricts |
| 10 | | the rights of the board of managers by: |
| 11 | | (1) requiring the prior consent of the unit owners in |
| 12 | | order for the board of managers to take any action, |
| 13 | | including the institution of any action in court or a |
| 14 | | demand for a trial by jury; or |
| 15 | | (2) notwithstanding Section 32 of this Act, requiring |
| 16 | | the board of managers to arbitrate or mediate a dispute |
| 17 | | with any one or more of all of the declarants under the |
| 18 | | condominium instruments or the developer or any person not |
| 19 | | then a unit owner prior to the institution of any action by |
| 20 | | the board of managers or a demand for a trial by jury. |
| 21 | | (b) A provision in a declaration which would otherwise be |
| 22 | | void and ineffective under this Section may be enforced if it |
| 23 | | is approved by a vote of not less than 75% of the unit owners at |