Real Estate Law

(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.

(Hastings, D-Matteson; Kelly Burke, D-Oak Lawn) makes associations organized as limited liability companies subject to the Act. Passed both chambers.

(Haine, D-Alton; Beiser, D-Alton) provides that no action to incorporate a common interest community as a municipality may commence until an instrument agreeing to incorporation has been signed by 51% (instead of two-thirds) of the members. Passed both chambers.

(Andersson, R-Geneva; McConnaughy, R-St. Charles) creates an alternative proceeding to take place after the expiration of the time in which judicial review may be sought after a final determination of a code violation. If a defendant has failed to comply with a judgment to correct a code violation or pay a fine, any expenses incurred by a municipality to enforce the judgment shall be a debt due and owing the municipality by the defendant. Authorizes the municipality to impose a lien on the real estate or personal estate of the defendant in the amount of any debt due to the municipality. Permits a hearing officer to set aside any judgment entered by default and set a new hearing date if the hearing officer determines that the petitioner's failure to appear was for good cause or because the municipality did not provide proper service of process. Passed both chambers.

(Andersson, R-Geneva; McConnaughy, R-St. Charles) amends the Municipal Code to provide that it shall not be considered a “conflict” under the boundary-line provisions of this Section when a municipality that is a party to a jurisdictional boundary-line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary-line agreement. Passed both chambers.

(Cassidy, D-Chicago; Steans, D-Chicago) makes it void as a matter of public policy if a provision in a condominium instrument purports to limit or restrict the representative rights of the board if it requires prior consent of the unit owners or requires arbitration or mediation of a dispute between the developer or one or more declarants under the condominium instruments. Deletes language providing that a provision in a declaration which would otherwise be void and ineffective may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit-owner board of managers. Passed both chambers.

(Sandack, R-Downers Grove; Harmon, D-Oak Park) allows a lien claimant to proceed directly against a bond substituted for the lien on the owner’s real estate or funds. The court may dismiss parties other than the principal, surety of the bond, and the lien claimant. Defenses against the lien claimant are limited to those that could be asserted by the principal or contracting owner. The “prevailing party” in an action brought under this new subsection shall be awarded its attorney fees. The “prevailing party” is defined as a lien claimant that recovers at least 75% of the amount of its lien claim, or the principal of the bond if the lien claimant recovers less than 25% of the amount of its lien claim. The attorney’s fees for a lien claimant that is a prevailing party is limited to the amount remaining on the bond after the payment of the claim and interest, and the attorney’s fees awarded to a bond principal shall be limited to 50% of the amount of the lien claim. Passed both chambers.