Real Estate Law

House Bill 1466

Topic: 
Condominium Property Act

(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. 

House Bill 3416

Topic: 
Condominium Property Act

(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. 

Wells Fargo Bank, N.A. v. Smith

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2019 IL App (1st) 172963
Decision Date: 
Monday, March 4, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
WALKER

Court did not err by granting summary judgment and entering judgment of foreclosure and sale where loss mitigation affidavit submitted with lender's earlier motion for summary judgment was relied upon by court for entry of judgments, because Defendant failed to raise a genuine issue of material fact as to loss mitigation affidavit, which complied in substance and form with requirements of Rule 114. (PIERCE and GRIFFIN, concurring.)

The Bank of New York Mellon v. Wojcik

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2019 IL App (1st) 180845
Decision Date: 
Friday, February 15, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
ROCHFORD

In foreclosure action, court properly denied Defendants' cross-motion for summary judgment, compelled by Defendants' failure to comply with Rule 133(c). Sending a proper "notice of acceleration" was a condition precedent to Plaintiff's ability to file the foreclosure, and thus the amended complaint the Defendants' answer were required to comply with Rule 133(c). A general denial of performance of conditions precedent of a contract in a party's responsive pleading, without allegations of specific facts, results in forfeiture of the issue. (HOFFMAN and HALL, concurring.)

House Bill 1466

Topic: 
Condos and taxes

(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.

House Bill 29

Topic: 
Condos and common-interest community associations

(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State affecting an association’s: budgeting practices; sale of property; notice requirements; contracts with board members; voting procedures; property improvement procedures; accounting practices; collection and sharing of records; amendment to the condominium instruments; and subdivision or combination of units. It has been sent to the House floor by the House Judiciary Committee.

Senate Bill 77

Topic: 
Evictions

(Van Pelt, D-Chicago) seals eviction proceedings and remain so unless a final order of eviction in favor of the plaintiff is entered. The unsealed records must remain unsealed for a period of seven years. After seven years, access to the court records may be obtained only by specified parties. If a case is filed by a board of managers of a condominium association and names or joins a tenant of a condominium unit to the proceedings, the tenant’s name must be permanently suppressed by order of the court. It has been assigned to Senate Judiciary Committee.

Senate Bill 1428

Topic: 
Cook County associate judges

(Jones, D-Chicago) provides that the Cook County associate judgeships existing on the effective date are converted into resident judgeships. Requires that the Supreme Court allot the resident judgeships for election from the 15 subcircuits. Referred to the Committee on Assignments. 

House Bill 2268

Topic: 
Cook County judges

(Martwick, D-Chicago) amends the Circuit Courts Act to provide that in 2021 the General Assembly must redraw the boundaries of the subcircuits of the Circuit of Cook County to reflect the results of the 2020 federal decennial census. A resident judgeship assigned to a subcircuit will continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits must be filled by a resident of the redrawn subcircuit. Assigned to House Executive Committee. 

Patel v. Zillow, Inc.

Federal 7th Circuit Court
Civil Court
Ill. Real Estate Appraiser Licensing Act
Citation
Case Number: 
No. 18-2130
Decision Date: 
February 8, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs’ action alleging that defendant’s online estimates of real estate based on application of proprietary algorithm to public data violated Ill. Real Estate Appraiser Licensing Act, since said Act forbids appraisals of real estate without license. Said Act lacks private right of action to enforce appraisal licensing requirement. Also, plaintiffs could not state viable cause of action under Ill. Uniform Deceptive Trade Practices Act, even though plaintiffs asserted that defendant provided appraisals of their property that were unfair and inaccurate, and that defendant wrongfully refused their requests to either change said appraisals or remove their properties from its website. Instant appraisals are matters of opinion, which are outside contours of said Act, which only pertains to misleading statements of fact.