91st General Assembly
Summary of SB0242
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Senate Sponsors:
CULLERTON-HENDON.

House Sponsors:
MCKEON-MATHIAS-OSMOND-ERWIN

Short description: 
CONDO PROP-BRD ACTN-ATTNY FEES                                             

Synopsis of Bill as introduced:
        Amends the Condominium Property Act to provide that the board  of      
   managers  of  a  condominium  association may bring an action in court      
   against a developer who fails to deliver certain prescribed  documents      
   and  funds  to the board within the required period. Provides that the      
   developer has the burden of showing  that  he  or  she  delivered  the      
   prescribed documents within the required period.  Provides that if the      
   court  finds  any  prescribed  deliveries  were  not  made  within the      
   required period, the board is entitled to  reasonable  attorney  fees.      
   Effective immediately.                                                      
        SENATE AMENDMENT NO. 1.                                                
        Amends the Condominium Property Act to remove the provision  that      
   placed  the  burden  on  the  developer  to  prove that all deliveries      
   required by the Act were made within the prescribed time period.            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          765 ILCS 605/9.1                from Ch. 30, par. 309.1              
          765 ILCS 605/22                 from Ch. 30, par. 322                
        Further amends  the  Condominium  Property  Act.   In  provisions      
   providing that the owner of a unit shall not be liable for any claims,      
   damages, or judgments entered as a result of any action or inaction of      
   the  board  of  managers  of  the  association  other than for certain      
   mechanics' liens, adds that the claims for which the owner of  a  unit      
   shall  not  be  liable  include  but are not limited to State or local      
   government fees or fines and that this exclusion extends  to  inaction      
   or  action  of  the  developer  as well for unit owners other than the      
   developer.  Extends the same protection to members  of  the  board  of      
   managers  other  than the developer and the association of unit owners      
   for action or inaction of the developer.   Makes  changes  to  actions      
   required  of  a  developer  regarding  release of liens upon sale of a      
   unit.  Adds any release, warranty, certificate of insurance, or surety      
   required  under  provisions  dealing  with  liens   for   other   than      
   non-payment  to  the  list  of  items  a  developer  of  a  conversion      
   condominium must provide.                                                   
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the Senate concur in H-am 1.                           
        Recommends that the bill be further amended as follows:                
        Amends the Condominium Property  Act.     Deletes  the  provision      
   indicating  that  in  an  action  by  the  board  of  managers  of the      
   condominium association against the developer for failure  to  deliver      
   certain prescribed documents within the required period, the developer      
   has  the  burden  of  showing  that he or she delivered the prescribed      
   documents within the required period.                                       
 
Last action on Bill: PUBLIC ACT.............................. 91-0616

   Last action date: 99-08-19

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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