Construction Law
(Breen, R-Lombard; Nybo, R-Lombard) extends the time in which a person may file a civil action if a person files a timely request for review under Section 3.5 of the Act. The civil action must be filed within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under Section 3.5(a).
Effective August 5, 2016.
(Cassidy, D-Chicago; Mulroe, D-Chicago) redefines “acceptable technological means” to mean any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Allows acceptable technological means to be used to conduct association business such as a notice required to be sent or received; signature, vote, consent, or approval required to be obtained; and the performance of obligations or exercise of rights. It does not apply to any notices required under the Forcible Entry and Detainer Article or in connection with foreclosure proceedings in enforcement of any lien rights under the Acts.
Effective January 1, 2017.
(Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Effective January 1, 2017.
(Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Effective January 1, 2017.
(Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Effective January 1, 2017.
(Court opinion corrected 7/11/16.) Dispute between general contractor and one of its subcontractors. In 2004, the two worked on an interior build-out of 96 condo units in a building on North Michigan Avenue in Chicago. In 2007, general contractor filed demand for arbitration against condo building owner. Because general contractor and its subcontractor were not true adversaries at arbitration and there are questions about extent of subcontractor's control over its claim, subcontractor is not precluded from pursuing its claims against general contractor in circuit court, and circuit court properly found that collateral estoppel did not apply.General contractor does not have an absolute right to payment from subcontracotr without proof of actual loss. Court erred in granting partial summary judgment to general contractor based on judicial estoppel.(CUNNINGHAM and HARRIS, concurring.)
(Haine, D-Alton; Beiser, D-Alton) allows an association to correct an error, omission, or inconsistency in the community instruments of the association by an amendment adopted by vote of two-thirds of the board of directors without a membership vote. This applies to correct an omission, error, or inconsistency so that the community instruments conform to the Act or to another applicable law. Passed both chambers.
(Mulroe, D-Chicago; Martwick, D-Chicago) allows a board of managers to assign the right of the association to future income from common expenses or other sources and to mortgage or pledge substantially all of the remaining assets of the association by a majority vote of the entire board. Passed both chambers.
(Mulroe, D-Chicago; Martwick, D-Chicago) provides that any assignment of a developer’s interest in the property is not effective until the successor obtains the assignment in writing and records it. Passed both chambers.
(Haine, D-Alton; Martwick, D-Chicago) allows a board to close any portion of a noticed meeting or meet separately from a noticed meeting to do the following: (1) “Discuss” instead of “consider” appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services. (2) Interview a potential employee, independent contractor, agent, or other provider of goods and services. (3) Consult with the association’s legal counsel. Passed both chambers.