1 | 1 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2533 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 765 ILCS 605/15 from Ch. 30, par. 315 Amends the Condominium Property Act. Provides that any unit owner who does not vote in favor of the sale of property has 30 days after the date of the meeting at which a sale was approved to file a written objection to the sale to the manager or board of managers. Provides that if there are any remaining reserve funds left over from the sale of the property, such reserve funds shall be returned in proportion to the unit owner's interest in the property prior to deconversion. LRB103 30306 LNS 56734 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2533 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 765 ILCS 605/15 from Ch. 30, par. 315 765 ILCS 605/15 from Ch. 30, par. 315 Amends the Condominium Property Act. Provides that any unit owner who does not vote in favor of the sale of property has 30 days after the date of the meeting at which a sale was approved to file a written objection to the sale to the manager or board of managers. Provides that if there are any remaining reserve funds left over from the sale of the property, such reserve funds shall be returned in proportion to the unit owner's interest in the property prior to deconversion. LRB103 30306 LNS 56734 b LRB103 30306 LNS 56734 b A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2533 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 765 ILCS 605/15 from Ch. 30, par. 315 765 ILCS 605/15 from Ch. 30, par. 315 |
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4 | 4 | | 765 ILCS 605/15 from Ch. 30, par. 315 |
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5 | 5 | | Amends the Condominium Property Act. Provides that any unit owner who does not vote in favor of the sale of property has 30 days after the date of the meeting at which a sale was approved to file a written objection to the sale to the manager or board of managers. Provides that if there are any remaining reserve funds left over from the sale of the property, such reserve funds shall be returned in proportion to the unit owner's interest in the property prior to deconversion. |
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6 | 6 | | LRB103 30306 LNS 56734 b LRB103 30306 LNS 56734 b |
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7 | 7 | | LRB103 30306 LNS 56734 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | HB2533LRB103 30306 LNS 56734 b HB2533 LRB103 30306 LNS 56734 b |
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10 | 10 | | HB2533 LRB103 30306 LNS 56734 b |
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11 | 11 | | 1 AN ACT concerning civil law. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Condominium Property Act is amended by |
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15 | 15 | | 5 changing Section 15 as follows: |
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16 | 16 | | 6 (765 ILCS 605/15) (from Ch. 30, par. 315) |
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17 | 17 | | 7 Sec. 15. Sale of property. |
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18 | 18 | | 8 (a) Unless a greater percentage is provided for in the |
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19 | 19 | | 9 declaration or bylaws, and notwithstanding the provisions of |
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20 | 20 | | 10 Sections 13 and 14 hereof, a majority of the unit owners where |
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21 | 21 | | 11 the property contains 2 units, or not less than 66 2/3% where |
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22 | 22 | | 12 the property contains three units, and not less than 75% where |
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23 | 23 | | 13 the property contains 4 or more units may, by affirmative vote |
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24 | 24 | | 14 at a meeting of unit owners duly called for such purpose, elect |
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25 | 25 | | 15 to sell the property. Such action shall be binding upon all |
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26 | 26 | | 16 unit owners, and it shall thereupon become the duty of every |
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27 | 27 | | 17 unit owner to execute and deliver such instruments and to |
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28 | 28 | | 18 perform all acts as in manner and form may be necessary to |
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29 | 29 | | 19 effect such sale, provided, however, that any unit owner who |
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30 | 30 | | 20 did not vote in favor of such action and who has filed written |
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31 | 31 | | 21 objection thereto with the manager or board of managers within |
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32 | 32 | | 22 30 20 days after the date of the meeting at which such sale was |
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33 | 33 | | 23 approved shall be entitled to receive from the proceeds of |
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36 | 36 | | |
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37 | 37 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2533 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 765 ILCS 605/15 from Ch. 30, par. 315 765 ILCS 605/15 from Ch. 30, par. 315 |
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39 | 39 | | 765 ILCS 605/15 from Ch. 30, par. 315 |
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40 | 40 | | Amends the Condominium Property Act. Provides that any unit owner who does not vote in favor of the sale of property has 30 days after the date of the meeting at which a sale was approved to file a written objection to the sale to the manager or board of managers. Provides that if there are any remaining reserve funds left over from the sale of the property, such reserve funds shall be returned in proportion to the unit owner's interest in the property prior to deconversion. |
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41 | 41 | | LRB103 30306 LNS 56734 b LRB103 30306 LNS 56734 b |
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42 | 42 | | LRB103 30306 LNS 56734 b |
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43 | 43 | | A BILL FOR |
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48 | 48 | | |
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49 | 49 | | 765 ILCS 605/15 from Ch. 30, par. 315 |
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52 | 52 | | |
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53 | 53 | | LRB103 30306 LNS 56734 b |
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63 | 63 | | HB2533 LRB103 30306 LNS 56734 b |
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66 | 66 | | HB2533- 2 -LRB103 30306 LNS 56734 b HB2533 - 2 - LRB103 30306 LNS 56734 b |
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67 | 67 | | HB2533 - 2 - LRB103 30306 LNS 56734 b |
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68 | 68 | | 1 such sale an amount equivalent to the greater of: (i) the value |
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69 | 69 | | 2 of his or her interest, as determined by a fair appraisal, less |
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70 | 70 | | 3 the amount of any unpaid assessments or charges due and owing |
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71 | 71 | | 4 from such unit owner or (ii) the outstanding balance of any |
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72 | 72 | | 5 bona fide debt secured by the objecting unit owner's interest |
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73 | 73 | | 6 which was incurred by such unit owner in connection with the |
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74 | 74 | | 7 acquisition or refinance of the unit owner's interest, less |
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75 | 75 | | 8 the amount of any unpaid assessments or charges due and owing |
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76 | 76 | | 9 from such unit owner. The objecting unit owner is also |
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77 | 77 | | 10 entitled to receive from the proceeds of a sale under this |
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78 | 78 | | 11 Section reimbursement for reasonable relocation costs, |
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79 | 79 | | 12 determined in the same manner as under the federal Uniform |
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80 | 80 | | 13 Relocation Assistance and Real Property Acquisition Policies |
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81 | 81 | | 14 Act of 1970, as amended from time to time, and as implemented |
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82 | 82 | | 15 by regulations promulgated under that Act. |
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83 | 83 | | 16 (b) If there is a disagreement as to the value of the |
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84 | 84 | | 17 interest of a unit owner who did not vote in favor of the sale |
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85 | 85 | | 18 of the property, that unit owner shall have a right to |
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86 | 86 | | 19 designate an expert in appraisal or property valuation to |
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87 | 87 | | 20 represent him, in which case, the prospective purchaser of the |
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88 | 88 | | 21 property shall designate an expert in appraisal or property |
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89 | 89 | | 22 valuation to represent him, and both of these experts shall |
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90 | 90 | | 23 mutually designate a third expert in appraisal or property |
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91 | 91 | | 24 valuation. The 3 experts shall constitute a panel to determine |
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92 | 92 | | 25 by vote of at least 2 of the members of the panel, the value of |
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93 | 93 | | 26 that unit owner's interest in the property. The changes made |
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99 | 99 | | HB2533 - 2 - LRB103 30306 LNS 56734 b |
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102 | 102 | | HB2533- 3 -LRB103 30306 LNS 56734 b HB2533 - 3 - LRB103 30306 LNS 56734 b |
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103 | 103 | | HB2533 - 3 - LRB103 30306 LNS 56734 b |
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104 | 104 | | 1 by this amendatory Act of the 100th General Assembly apply to |
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105 | 105 | | 2 sales under this Section that are pending or commenced on and |
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106 | 106 | | 3 after the effective date of this amendatory Act of the 100th |
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107 | 107 | | 4 General Assembly. |
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108 | 108 | | 5 (c) If there are any remaining reserve funds left over |
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109 | 109 | | 6 from the sale of the property, such reserve funds shall be |
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110 | 110 | | 7 returned in proportion to the unit owner's interest in the |
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111 | 111 | | 8 property prior to deconversion. Only a unit owner who owned |
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112 | 112 | | 9 property at the time of deconversion shall receive a return of |
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113 | 113 | | 10 proportionate reserve funds. |
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114 | 114 | | 11 (Source: P.A. 100-292, eff. 1-1-18.) |
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120 | 120 | | HB2533 - 3 - LRB103 30306 LNS 56734 b |
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