ISBA Statehouse Review for March 16, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (Senate Bill 2359), Condominiums and common-interest communities (Senate Bill 2358), Forcible Entry and Detainer Article (Senate Bill 3166) and Illinois Human Rights Act (Senate Bill 2506). More information on each bill is available below the video.

Condominium Property Act. Senate Bill 2359 (Mulroe, D-Chicago) amends the powers and duties’ section of the current Act. Under current law, the board (by a majority vote of the entire board of managers) has the right to assign its future income from common expenses or other sources and to mortgage or pledge substantially all the remaining assets of the association unless the condominium instruments expressly provide to the contrary. Senate Bill 2356 deletes the statutory clause “unless the condominium instruments provide to the contrary.” Scheduled for hearing in Senate Judiciary Committee.

Condominiums and common-interest communities. Senate Bill 2358 (Mulroe, D-Chicago) requires an assignment of a developer’s interest in the property to be in writing and recorded for it to be effective. Scheduled for hearing in Senate Judiciary Committee.

Forcible Entry and Detainer Article. Senate Bill 3166 (Mulroe, D-Chicago) provides the plaintiff’s notice of motion shall use the term “owner” instead of “landlord” whenever “landlord” appears in the notice in an action brought by a mortgagee who assumes control of the residential real estate in foreclosure through a judicial foreclosure, consent foreclosure, common law strict foreclosure, or delivery of a deed in lieu of foreclosure. Scheduled for hearing in Senate Judiciary Committee.  

Illinois Human Rights Act. Senate Bill 2506 (Righter, R-Mattoon) provides that the Department of Human Rights shall administratively close specified types of charges that are pending before the Department if the issues that are the basis of the charge are being litigated in court or another administrative forum. Scheduled for hearing in Senate Judiciary Committee.