Two Great ISBA Member Benefits Sponsored by
ISBA Mutual Lawyers Malpractice Insurance
view counter
A Value of $1,344, Included with Membership
Free CLE
view counter
view counter

ISBA Statehouse Review for the week of August 20, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Maintenance in family law cases (Public Act 98-961), Condominium Property Act (Senate Bill 2664), Trusts and Trustees Act (Public Act 98- 946), UM/UIM insurance (Public Act 98-927) and Service of process (Public Act 98-966). More information on the bill is available below the video.

Maintenance in family law cases. Public Act 98-961 (Silverstein, D-Chicago; Sandack, R-Downers Grove) creates permissive guidelines for maintenance cases if the parties’ combined gross income is $250,000 or less. The court must first determine that maintenance is appropriate before turning to the guidelines. It is calculated by taking 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income. But it may not result in the payee receiving a total that is in excess of 40 percent of the combined gross income of the parties after maintenance is added to the gross income of the payee. The duration is calculated by multiplying the length of the marriage by whichever of the following factors applies: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For a marriage of 20 or more years, the court, in its discretion, shall order either permanent maintenance or maintenance for a period equal to the length of the marriage. Effective January 1, 2015.

Condominium Property Act. Senate Bill 2664 (Hastings, D-Matteson; Yingling, D-Hainesville) caps the amount innocent purchasers of distressed condominium units may be liable for following judicial foreclosure to no more than nine months’ of the unit’s regular monthly assessments. The association’s attorney’s fees and costs may also be included in this cap, but the purchasers may not be charged more than nine months’ of regular monthly assessments. Senate Bill 2664 also requires the Board of managers to produce for the seller and the prospective purchasers information about the condominium unit within 14 days. If the association is self-managed, it allows 21 days.

This bill was amendatorily vetoed by the Governor to keep the nine-month cap but require the real-estate owned lender to pay for any special assessments that have been previously assessed and attorney’s fees that have been incurred because of the prior owner’s default.

Forcible entry and detainers and condos Public Act 98-996 (Welch, D-Westchester; Steans, D-Chicago) allows the board of managers to lease a unit to a bona fide tenant for a term that may commence at any time within eight months after month that the stay of judgment expires but may not exceed 13 months from the date of commencement of the lease. It removes language providing that the term of the lease is not to exceed 13 months from the expiration of the stay of judgment unless extended by order of the court. The court may permit or extend a lease for one or more additional terms not to exceed 13 months per term on motion of the board of managers and with notice to the dispossessed unit owner. Effective January 1, 2015.

Trusts and Trustees Act. Public Act 98- 946 (Dillard, R-Westmont; McAsey, D-Romeoville) amends the virtual representation section of this Act. It expands the use of settlement agreements in resolving disputes, ambiguities, and operational difficulties in trust administration. These settlements require unanimous written agreement by the trustee and all current and presumptive remainder beneficiaries. Effective January 1, 2015.

UM/UIM insurance. Public Act 98-927 (Zalewski, D-Chicago; Mulroe, D-Chicago) amends the Insurance Code to increase the levels of binding arbitration from $50,000 to $75,000 for death or bodily injury to one person and from $100,000 to $150,000 effective for death or bodily injury to two or more persons. It affects all policies issued or renewed after January 1, 2015.

Service of process. Public Act 98-966 (Jacobs, D-Moline; Verschoore, D-Rock Island) amends the Code of Civil Procedure to require an employee of a “gated residential community” to grant entry into the community to an authorized process server who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. This access would include common areas and common elements. The term “gated residential community” includes condominium associations, housing cooperatives, or private communities. Effective January 1, 2015.

Posted on August 20, 2014 by Chris Bonjean
Filed under: