Construction Law

(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 the right of the association to 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 this Wednesday in Senate Judiciary Committee. 

(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 this Wednesday in Senate Judiciary Committee. 

(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 this Wednesday in Senate Judiciary Committee.  

(Connelly, R-Lisle) allows a unit owner to retain ownership of his or her unit in one situation. That situation would be if the fair market value is not at least 90% of the price the unit owner paid for the unit if the unit owner files a written objection to a sale of condominium property within 20 days after the date of the meeting at which the sale was approved. This change would apply to sales that are pending or commenced on and after the effective date. Assigned to Senate Judiciary Committee.

(Hutchinson, D-Chicago Heights prohibits parties in civil litigation from using a preemptory challenge to remove a prospective juror on the basis of their race, color, religion, national origin, economic status, sexual orientation, or gender identity. Assigned to the Committee on Assignments waiting for referral to a substantive committee. 

(Link, D-Gurnee) amends the existing statute to allow Lake County to impose a "judicial facilities fee" not to exceed $30 against all defendants in traffic and criminal cases and against all civil litigants. The fee would be used to construct new judicial facilities. Only Will and Kane counties have this authority under existing law. Scheduled for hearing in Senate Judiciary Committee. 

(Manar, D-Bunker Hill) allows all county boards to impose by ordinance a “judicial facilities fee” on all defendants convicted in traffic and criminal cases and all civil litigants. The fee may not be more than $30. It also expands the use of this fee from defraying new construction to include renovating existing judicial facilities. Under current law, only Will and Kane counties have authority to do impose this fee for new construction. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(McAsey, D-Lockport) provides that before a lease is signed, a landlord must provide each tenant any records pertaining to radon concentrations within the dwelling unit that indicate a radon hazard. If a tenant performs a radon test, the tenant must provide to the landlord the test result within 10 days after receiving the result. Before a lease is signed a landlord must furnish each prospective tenant with a prescribed radon hazard disclosure form. Nothing implies an obligation on a landlord or tenant to conduct any radon testing. Provides that a lease may be terminated under specified circumstances involving radon hazard. Referred to House Rules Committee. 

(Althoff, R-McHenry) amends the Mechanics Lien Act. Current law requires work to be done or materials furnished to obtain a lien within three years for residential property and five years for any other kind of property. This part of the Act sunsetted January 1, 2016, and the limitation then reverts to three years for any kind of property at that time. Senate Bill 2450 re-extends the sunset for five years from the date that this bill would be signed into law. Referred to the Senate Committee on Assignments.