(Manley, D-Romeoville,) provides that a director, officer, member, manager. general partner, or person dissociated as a general partner of a business entity remains liable to a home buyer after dissolution of the entity for any obligation arising under a warranty for the sale of a new home. It amends the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Limited Partnership Act (2001). It is scheduled for hearing this Wednesday in House Judiciary Committee.
(Curran, R-Woodridge) exempts from inspection and copying interagency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. Provides that the exemption does not apply to a record created 25 years or more before the date on which the record is requested. Scheduled for hearing tomorrow in Senate Judiciary Committee.
(Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the State of Illinois or of any political subdivision. It may do so by a two-thirds vote of the unit members at a meeting duly called for such a purpose or upon such greater vote as may be required by the declaration or bylaws.
Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee.
House Bill 1466 is limited to associations with 20 units or less. It has been assigned to House Revenue and Finance Committee for a hearing next week.
(Andrade, D-Chicago) prohibits a community association manager who provides community association management services from entering into any agreement for payment or commission with any person, corporation, party, partnership, or other entity that provides goods or services to the association without first giving prior written disclosure to the board of managers. Assigned to House Judiciary Committee.
Bankruptcy Ct. did not err in rejecting debtor’s claim that creditor’s mistaken filing of 2013 release of mortgage on debtor’s property at time debtor still owed money on said property extinguished debt and creditor’s security interests in said property that was subsequently sold in foreclosure action. Record showed that creditor recorded subsequent document cancelling satisfaction noted in 2013 release before debtor had filed bankruptcy petition and before property had been sold. As such, Bankruptcy Ct. could properly find that debtor did not obtain rights from 2013 release because it was unilateral and without consideration. Moreover, Ill. case law treats mistaken release of mortgage as ineffective between mortgagor and mortgagee. Also, issue was not moot under 11 USC section 363(m), even though subject property had been sold in foreclosure action.
Dist. Ct. did not err in reversing Bankruptcy Ct. order finding that creditor could assert $650,000 deficiency claim against debtors, where creditor had previously received prior state court in rem judgment in foreclosure action against debtors and others arising out of sale of property that debtors co-owned with others, but had failed to seek deficiency judgment against debtors as it had done with co-owners of said property. Creditor could not seek deficiency judgment, since it had presented claims based on mortgage and note in single action in state court and failed to seek deficiency judgment against debtors on note, especially where, as here, Illinois case law precluded creditor from splitting its claim. As such creditors who do not seek deficiency judgments in foreclosure actions cannot seek that relief in different proceeding. Moreover, if creditor cannot obtain deficiency judgment in state court, section 28 USC section 1738 precludes it from subsequently getting one in federal court .
(Hammond, R-Macomb) requires the circuit courts to develop a policy for allowing prospective jurors who are older than a certain age to be permanently excused from jury duty. Requires that a circuit court, when determining the age at which a prospective juror may be excused based on age, consider the following: the age at which jury duty may become difficult for a significant number of jurors and the jury pool available for that circuit court.
Provides that a prospective juror meeting the age requirement may apply for the exemption based on a self-assessment of his or her physical limitations and mobility issues. Requires that the county board, jury administrator, or jury commissioner to permanently exclude the prospective juror from all current and subsequent jury lists. Scheduled for hearing in House Judiciary Committee today.
(Welter, R-Morris) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor's parents or guardian. Instead, it provides that an order of complete or partial emancipation may be entered if the court finds, in a hearing, that emancipation would be in the minor's best interests. Scheduled for hearing this Wednesday in House Judiciary Committee.
(Mazzochi, R-Westmont) provides that if the grounds do not appear on the face of the pleading, the motion must be supported by affidavit that the claim asserted is unenforceable because the claim was (1) filed for a purpose of forcing an individual or entity to change positions or induce or coerce behavior in a manner unrelated to the claim asserted; or (2) based on allegations made to a government entity by an anonymous complainant if: (a) the anonymous complainant is not revealed; or (b) the anonymous complainant, if revealed, made the allegations to a government entity while holding an ulterior motive with regard to the defendant or for the purposes of retaliating against the defendant. Assigned to House Rules Committee.
(Harris, D-Chicago) authorizes the board of managers acting on behalf of all unit owners to allocate the percentage of ownership in the common elements as a tract for each unit for the limited purpose of calculating the assessment or levy of any such taxes, special assessments, or charges of the State of Illinois or of any political subdivision. It may do so by a two-thirds vote of the members of the board of managers or by the affirmative vote of not less than a majority of the unit owners at a meeting duly called for such a purpose, or upon such greater vote as may be required by the declaration or bylaws.
Requires this allocation of ownership to be based on the square footage of each individual unit and that it be separate from, and in addition to, the allocation for purposes of association assessments for common expenses, association special assessments and charges, and voting rights. It has been assigned to the House Revenue and Finance Committee.