Chapter 765 — PROPERTY

(765 ILCS 540/10) Sec. 10. Definitions. As used in this Act: "Joint owner" means a person or entity that is a joint tenant, a tenant in common, or a tenant by the entirety. "Coal owner" means a person or entity vested with a whole or undivided fee simple interest or other freehol…

(765 ILCS 540/15) Sec. 15. Venue. Proceedings under this Act must be brought in the circuit court of the county in which coal lands sought to be affected, or the major portion of those lands, is located. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 540/20) Sec. 20. Joint owners; trusts. (a) If the title to coal is owned by joint tenants, tenants in common, or tenants by the entirety, whether the title is derived by purchase, legacy, or descent, any coal owner or owners vested with at least a one-half interest in t…

(765 ILCS 540/25) Sec. 25. Proceedings for appointment of trustee. Proceedings for the appointment of a trustee may be instituted by any person or persons (i) vested in fee simple with at least an undivided one-half interest in the coal sought to be developed or (ii) vested with …

(765 ILCS 540/30) Sec. 30. Procedure. (a) The person or persons seeking to impress a trust upon a coal interest for the purpose of leasing and developing it shall join as the defendant or defendants all persons, other than the plaintiff or plaintiffs, having a legal interest in t…

(765 ILCS 540/35) Sec. 35. Coal leases; report by trustee. The trustee shall enter into negotiations with the plaintiff or plaintiffs and shall execute a coal lease in favor of the plaintiff or plaintiffs covering the interest of the defendant or defendants. The terms of the coal…

(765 ILCS 540/40) Sec. 40. Payment. All moneys due to the defendant or defendants under the lease executed by the trustee shall be paid by the plaintiff or plaintiffs directly to the defendant or defendants. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 540/45) Sec. 45. Binding effect of lease. The sale of and execution of any coal lease under this Act is binding in all respects as to all of the interest in the coal and the right to mine and remove the coal owned by the defendant or defendants to the action in the same…

(765 ILCS 540/5) Sec. 5. Purpose. In recognition of the fact that an estate of a joint owner in coal can be enjoyed only by mining, removing, and selling the products of the coal, and that the mining, removal, and sale of coal by one joint owner therefore constitutes the use and …

(765 ILCS 540/50) Sec. 50. Incapacity of trustee; subsequent proceedings. (a) In the event of the death or resignation of the trustee or the refusal or inability of the trustee to act, the court, upon its own motion or upon the motion of the plaintiff or plaintiffs, shall appoint…

(765 ILCS 540/55) Sec. 55. Costs. All court costs incident to the proceedings authorized under this Act shall be paid by the plaintiff or plaintiffs. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 540/60) Sec. 60. Construction. This Act shall be liberally construed so that any lease issued under this Act conveys merchantable title. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 540/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 92-390, eff. 8-16-01.)

(765 ILCS 605/1) (from Ch. 30, par. 301) Sec. 1. Short title. This Act shall be known and may be cited as the "Condominium Property Act." (Source: Laws 1963, p. 1120.)

(765 ILCS 605/10) (from Ch. 30, par. 310) Sec. 10. Separate taxation. (a) Real property taxes, special assessments, and any other special taxes or charges of the State of Illinois or of any political subdivision thereof, or other lawful taxing or assessing body, which are authori…

(765 ILCS 605/11) (from Ch. 30, par. 311) Sec. 11. Tax deeds. In the event any person shall acquire or be entitled to the issuance of a tax deed conveying the interest of any unit owner, the interest so acquired shall be subject to all the provisions of this Act and to the terms,…

(765 ILCS 605/12) (from Ch. 30, par. 312) Sec. 12. Insurance. (a) Required coverage. No policy of insurance shall be issued or delivered to a condominium association, and no policy of insurance issued to a condominium association shall be renewed, unless the insurance coverage un…

(765 ILCS 605/12.1) (from Ch. 30, par. 312.1) Sec. 12.1. Insurance risk pooling trusts. (a) This Section shall be known and may be cited as the Condominium and Common Interest Community Risk Pooling Trust Act. (b) The boards of managers or boards of directors, as the case may be,…

(765 ILCS 605/13) (from Ch. 30, par. 313) Sec. 13. Application of insurance proceeds to reconstruction. In case of fire or any other disaster the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building…

(765 ILCS 605/14) (from Ch. 30, par. 314) Sec. 14. Disposition of property where insurance proceeds are insufficient for reconstruction.) (1) In case of fire or other disaster, if the insurance proceeds are insufficient to reconstruct the building and the unit owners and all othe…

(765 ILCS 605/14.1) (from Ch. 30, par. 314.1) Sec. 14.1. Disposition or removal of any portion of the property. (a) The condominium instruments may provide for the withdrawal of any portion of the property in connection with eminent domain proceedings in compliance with the provi…

(765 ILCS 605/14.2) (from Ch. 30, par. 314.2) Sec. 14.2. Street and utilities dedication. Unless the condominium instrument expressly provides for a greater percentage or different procedures a two-thirds majority of the unit owners at a meeting of unit owners duly called for suc…

(765 ILCS 605/14.3) (from Ch. 30, par. 314.3) Sec. 14.3. Granting of easement for laying of cable television or high speed Internet cable. Unless the condominium instrument expressly provides for a greater percentage or different procedures a majority of more than 50% of the unit…

(765 ILCS 605/14.4) (from Ch. 30, par. 314.4) Sec. 14.4. Granting of easement to a governmental body for protection against water damage or erosion. Unless the condominium instrument expressly provides for a greater percentage or different procedures, a majority of more than 50% …

(765 ILCS 605/14.5) Sec. 14.5. Distressed condominium property. (a) As used in this Section: (1) "Distressed condominium property" means a parcel containing condominium units which are operated in a manner or have conditions which may constitute a danger, blight, or nuisance to t…

(765 ILCS 605/15) (from Ch. 30, par. 315) Sec. 15. Sale of property. (a) Unless a greater percentage is provided for in the declaration or bylaws, and notwithstanding the provisions of Sections 13 and 14 hereof, a majority of the unit owners where the property contains 2 units, o…

(765 ILCS 605/16) (from Ch. 30, par. 316) Sec. 16. Removal from provisions of this Act. All of the unit owners may remove the property from the provisions of this Act by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the units…

(765 ILCS 605/17) (from Ch. 30, par. 317) Sec. 17. Amendments to the declaration or bylaws. (a) The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to…

(765 ILCS 605/18) (from Ch. 30, par. 318) Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following: (a)(1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-thi…

(765 ILCS 605/18.1) (from Ch. 30, par. 318.1) Sec. 18.1. (a) The owner or owners of the property, or the board of managers, may cause to be incorporated a not-for-profit corporation under the General Not For Profit Corporation Act of the State of Illinois for the purpose of facil…

(765 ILCS 605/18.10) Sec. 18.10. Generally accepted accounting principles. An association subject to this Act that consists of 100 or more units shall use generally accepted accounting principles in fulfilling any accounting obligations under this Act. (Source: P.A. 100-292, eff.…

(765 ILCS 605/18.11) Sec. 18.11. Heating and cooling standards. (a) When a condominium building has a cooling system or heating system or both serving the entire building, including individual units, the association shall comply with the following standards with respect to the in…

(765 ILCS 605/18.12) Sec. 18.12. Accessible parking. (a) The board of managers shall adopt a policy to reasonably accommodate a unit owner who is a person with a disability who requires accessible parking. Such a policy shall include, without limitation, the procedure for submitt…

(765 ILCS 605/18.2) (from Ch. 30, par. 318.2) Sec. 18.2. Administration of property prior to election of initial board of managers. (a) Until election of the initial board of managers that is comprised of a majority of unit owners other than the developer (first unit owner board …

(765 ILCS 605/18.3) (from Ch. 30, par. 318.3) Sec. 18.3. Unit Owners' Association. The unit owners' association is responsible for the overall administration of the property through its duly elected board of managers. Each unit owner shall be a member of the association. The asso…

(765 ILCS 605/18.4) (from Ch. 30, par. 318.4) Sec. 18.4. Powers and duties of board of managers. The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, dutie…

(765 ILCS 605/18.5) (from Ch. 30, par. 318.5) Sec. 18.5. Master Associations. (a) If the declaration, other condominium instrument, or other duly recorded covenants provide that any of the powers of the unit owners associations are to be exercised by or may be delegated to a nonp…

(765 ILCS 605/18.6) Sec. 18.6. Display of American flag or military flag. (a) Notwithstanding any provision in the declaration, bylaws, rules, regulations, or agreements or other instruments of a condominium association or a master association or a common interest community assoc…

(765 ILCS 605/18.7) Sec. 18.7. Standards for community association managers. (a) "Community association" means an association in which membership is a condition of ownership or shareholder interest of a unit in a condominium, cooperative, townhouse, villa, or other residential un…

(765 ILCS 605/18.8) Sec. 18.8. Use of technology. (a) Any notice required to be sent or received or signature, vote, consent, or approval required to be obtained under any condominium instrument or any provision of this Act may be accomplished using acceptable technological means…

(765 ILCS 605/18.9) Sec. 18.9. Common elements; rights of board. (a) Any provision in a condominium instrument is void as against public policy and ineffective if it limits or restricts the rights of the board of managers by: (1) requiring the prior consent of the unit owners in …

(765 ILCS 605/19) (from Ch. 30, par. 319) Sec. 19. Records of the association; availability for examination. (a) The board of managers of every association shall keep and maintain the following records, or true and complete copies of these records, at the association's principal …

(765 ILCS 605/2) (from Ch. 30, par. 302) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires: (a) "Declaration" means the instrument by which the property is submitted to the provisions of this Act, as hereinafter provided, and such declaration as from…

(765 ILCS 605/2.1) (from Ch. 30, par. 302.1) Sec. 2.1. Applicability. Unless otherwise expressly provided in another Section, the provisions of this Act are applicable to all condominiums in this State. Any provisions of a condominium instrument that contains provisions inconsist…

(765 ILCS 605/20) (from Ch. 30, par. 320) Sec. 20. Exemption from rules of property. It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be…

(765 ILCS 605/21) (from Ch. 30, par. 321) Sec. 21. Severability. If any provision of this Act or any section, sentence, clause, phrase or word, or the application thereof in any circumstance, is held invalid, the validity of the remainder of the Act and of the application of any …

(765 ILCS 605/22) (from Ch. 30, par. 322) Sec. 22. Full disclosure before sale. In relation to the initial sale or offering for sale of any condominium unit, the seller must make full disclosure of, and provide copies to the prospective buyer of, the following information relativ…

(765 ILCS 605/22.1) (from Ch. 30, par. 322.1) Sec. 22.1. (a) In the event of any resale of a condominium unit by a unit owner other than the developer such owner shall obtain from the Board of Managers and shall make available for inspection to the prospective purchaser, upon dem…

(765 ILCS 605/22.2) Sec. 22.2. Resale approval. In the event of a sale of a condominium unit by a unit owner, no condominium association shall exercise any right of refusal, option to purchase, or right to disapprove the sale: (a) on the basis that the purchaser's financing is gu…

(765 ILCS 605/23) (from Ch. 30, par. 323) Sec. 23. Encroachments). If any portion of the common elements encroaches upon any unit, or if any unit encroaches upon any portion of the common elements or any other unit as a result of the construction, repair, reconstruction, settleme…