SB2892 Engrossed LRB098 12652 HEP 50601 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Condominium Property Act is amended by
5		adding Section 18.8 as follows:
6		(765 ILCS 605/18.8 new)
7		Sec. 18.8. Common elements; rights of board.
8		(a) Except as provided in subsection (b) of this Section, a
9		provision in the condominium instruments is against public
10		policy and unenforceable if it restricts the right of a board
11		to represent the association in legal matters which affect the
12		common elements or more than one unit by:
13		(1) requiring consent of a percentage of unit owners;
14		or
15		(2) requiring arbitration; or
16		(3) requiring mediation prior to the filing of an
17		action in a court of competent jurisdiction; or
18		(4) requiring any combination of items (1) through (3)
19		of this subsection (a); or
20		(5) restricting or delaying the board's ability to
21		bring an action affecting the common elements or more than
22		one condominium unit in a court of competent jurisdiction
23		and to demand a trial by jury.

SB2892 Engrossed - 2 - LRB098 12652 HEP 50601 b
1		(b) A provision in the condominium instruments which would
2		otherwise be unenforceable under this Section may be enforced
3		if it is approved by a unit owner percentage vote of not less
4		than 75% of the total in the aggregate in interest of the
5		undivided ownership of the common elements following the
6		election of the first unit owner board of managers.