The Bar News

ISBA Statehouse Review for the week of July 11

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Adoption, Community Association fees, the Common Interest Community Association Act and the Condominium Property Act. More information on each bill is available below the video.

Adoption. House Bill 4028 (Feigenholtz, D-Chicago; Koehler, D-Edwards) rewrites and re-formats parts of the Adoption Act. (1) It rewrites the form for a final and irrevocable consent to adoption by a specified person or persons in DCFS cases. (2) It creates the Adoption Advisory Council to replace the two current advisory groups. (3) Allows the court to waive the statutory time requirements of a child to be in the physical custody of certain specified persons before a parent may execute a consent for adoption in a case in which DCFS is involved. Passed both chambers; effective January 1, 2013.

Adoption. House Bill 5062 (Sommer, R-Morton; LaHood, R-Peoria) eliminates service of process on a minor defendant who is less than 14 years of age for whom a guardian ad litem has been or will be appointed under the Adoption Act. But House Bill 5062 doesn’t override any provision of the Adoption Act that relates to “identifying information” to which an adopted person is entitled under the Adoption Act’s registry. Drop date August 18, 2012; effective January 1, 2013.

Community association fees. Senate Bill 3202 (Maloney, D-Chicago; Thapedi, D-Chicago) amends the Community Association Manager Licensing and Disciplinary Act. It requires all community associations pay to the Department of Financial and Professional Regulation an annual fee of $50 plus an additional $1 per unit not to exceed an annual fee of $1,000 if they (1) have 10 or more units, (2) retain an individual to provide services as a community association manager for compensation, (3) are not master associations, or (4) are registered in the State as a not-for-profit corporation. Passed both chambers; effective immediately.

Common Interest Community Association Act. Senate Bill 3572 (Haine, D-Alton; Cross, R-Oswego) makes a number of changes to this Act including the following. (1) Prohibits an action to incorporate a common interest community as a municipality until two-thirds of the members sign an incorporation document. (2) Requires elections to the board must be held at least once every 24 months, eliminates voting by proxy, and prohibits a term of office as a board member or officer for more than four years. (3) If the total common expenses exceed the budget, the board must disclose this variance to all members and identify subsequent assessments that will be made to offset this in future budgets. (4) Assessments for additions and alterations to common areas or to association-owned property not in the annual budget must be separately assessed and are subject to approval of a simple majority (instead of two-thirds) of the total members at a meeting called for that purpose. Passed both chambers; effective immediately.

Condominium Property Act. Public Act 97-751 (Nekritz, D-Northbrook; Garrett, D-Lake Forest) authorizes easements for high-speed Internet to the existing easement for cable television. Effective January 1, 2013.

Posted on July 11, 2012 by Chris Bonjean
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