Construction Law

(Thapedi, D-Chicago; Connelly, R-Wheaton) amends Section 2-1003 of the Code of Civil Procedure that regulates discovery by deleting parts of the Section that have been superseded by supreme court rules. Effective January 1, 2016.

(Silverstein, D-Chicago; Gordon-Booth, D-Peoria) expands its reach to compel appearance before the court of any person whom the petitioner believes may be liable to the estate of a ward under any civil cause of action. Also expands the statute to include “assets” in the person’s possession or control and or previously in person’s possession or control. Effective January 1, 2016.

(Greg Harris, D-Chicago; Cunningham, D-Chicago) provides that in a county that has a property-fraud alert system, a county recorder may create a registration form to register a property owner on the county’s property fraud alert system. A real estate professional may file the registration form with the recorder on behalf of a property owner. Real estate professionals must register with the county recorder before filing the registration forms on behalf of property owners. Effective January 1, 2016

(Barickman, R-Bloomington; Andersson, R-Geneva) establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Effective January 1, 2016.

(Hastings, D-Matteson; Kelly Burke, D-Oak Lawn) makes associations organized as limited liability companies subject to the Act. Effective July 14, 2015.

(Mulroe, D-Chicago; Lang, D-Skokie) provides that a court is not required to appoint a special representative for a deceased mortgagor to defend the action if there is a (1) beneficiary under a transfer on death instrument; (2) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (3) person or entity that was conveyed title to the property under the administration of the deceased’s estate; or (4) trust that was conveyed title to the property. Effective January 1, 2016.

(Cassidy, D-Chicago; Steans, D-Chicago) makes the following changes to the Condominium Property Act. (1) Bylaws must require that each unit owner receive a copy of the proposed annual budget at least 25 (instead of 30) days before adoption by the board of managers. (2) Authorizes a board to ratify and confirm actions taken in response to an emergency. Bylaws must require that the board of managers give notice to the unit owners of the emergency and general description of the actions taken because of the emergency within seven business days after the emergency. (3) Provides that the condominium instruments may be amended with the approval of, or notice to, any mortgagee or other lienholder of record if required under the provisions of the instruments. Current law is only “with the approval of any mortgagees required under the provisions of the condominium instruments.” (4) If there is an error in an instrument so that the instrument does not conform to the Act or other law, the association may correct the instrument by an amendment adopted by two-thirds of the board of managers without a unit-owner vote. If there is a provision in a condominium instrument requiring or allowing unit owners, mortgagees, or other lienholders of record to vote to approve an amendment to a condominium instrument, or for the mortgagees or other lienholders of record to be given notice of an amendment to a condominium instrument, that provision is not applicable to an amendment to the extent that the amendment corrects an omission, error, or inconsistency to conform the condominium instrument to the law. (5) Expands what a board may discuss in a closed session to include “information relating to” litigation, employment, and a unit owner’s unpaid share of common expenses. (6) Authorizes board members to participate in and act at any meeting of the board of managers in person, by telephonic means, or by use of any acceptable technological means in which all persons participating in the meeting can communicate with each other. This kind of participation constitutes attendance and presence in person at the meeting. (7) Amends the Common Interest Community Association Act. Deletes language providing that all provisions of the declaration, bylaws, and other community instruments severed by the Act shall be revised by the board of directors independent of the membership to comply with the Act. House Bill 2640 passed both chambers last week.

(Holmes, D-Aurora; Keith Wheeler, R-Oswego) authorizes the Kane County Board, with concurrence of the chief judge of the circuit, to impose a judicial facilities fee not to exceed $30. It will be imposed on civil litigants and defendants in criminal cases. Passed both chambers.