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ISBA Statehouse Review for the week of June 29, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Common Interest Community Association Act and the Condominium Property Act (Senate Bill 2354), Property crimes (Senate Bill 2907), IDVA electronic filing pilot program. (House Bill 6109), Common Interest Community Association Act and the Condominium Property Act (Senate Bill 2358)Condominium Property Act (Senate Bill 2359) and Common Interest Community Association Act (Senate Bill 2741).

More information on each bill is available below the video.

Common Interest Community Association Act and the Condominium Property Act. Senate Bill 2354 (Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Passed both chambers.

Property crimes. Senate Bill 2907 (Stadelman, D-Rockford; Wallace, D-Rockford) increases the threshold amount for damage to property that is used to enhance a misdemeanor to a felony or to enhance it to a higher class of felony. Currently, it must exceed $300; this bill requires that it must exceed $500. Passed both chambers.

IDVA electronic filing pilot program. House Bill 6109 (McAuliffe, R-Chicago; Morrison, D-Deerfield) authorizes the Illinois Supreme Court to adopt rules to establish a pilot program for electronic filing of petitions for temporary orders of protection and the issuance of those orders by audio-visual means. Its intent is to accommodate litigants for whom attendance in court would be an undue hardship or risk harm to them. Passed both chambers.

Common Interest Community Association Act and the Condominium Property Act. Senate Bill 2358 (Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Passed both chambers.

Condominium Property Act. Senate Bill 2359 (Mulroe, D-Chicago; Martwick, D-Chicago) allows a board of managers to assign the right of the association to future income from common expenses or other sources and to mortgage or pledge substantially all of the remaining assets of the association by a majority vote of the entire board. Passed both chambers.

Common Interest Community Association Act. Senate Bill 2741 (Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Passed both chambers.

Posted on Jun 29, 2016 by Chris Bonjean | Comments (0)
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