Illinois 95th Regular Session Status: Passed House

HB 1069 — CONDO-DISTRESSED PROPERTY

Last action — Session Sine Die

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Condominium Property Act. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides a definition of "distressed condominium property". Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective shares, after sale expenses, taxes, and liens have been paid. Provides that the receiver has the power and authority to secure and insure the premises, make repairs, and otherwise manage the premises.

Bill Text

What changed in the latest version

24 added · 52 removed

Plain-language change summary

The amendment to Bill HB 1069 introduces new procedures for handling distressed condominium properties that could pose dangers or nuisances to the community. It allows courts to appoint a receiver who can sell the property without the unit owners' consent if deemed unviable. The proceeds from such sales will be distributed fairly among the owners after covering expenses, ensuring they receive their rightful shares. This change is significant because it provides a clearer framework for addressing problematic properties, helping to protect neighborhoods from deterioration.

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*LRB09504507AJO24560b* HB1069 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB1069 Introduced 2/8/2007, by Rep.
HB1069 Engrossed LRB095 04507 AJO 24560 b AN ACT concerning civil law.
Marlow H.
Colvin SYNOPSIS AS INTRODUCED:
ILCS 605/14.5 new Amends the Condominium Property Act.
Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition.
Provides a definition of "distressed condominium property".
Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property.
Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners.
Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective shares, after sale expenses, taxes, and liens have been paid.
Provides that the receiver has the power and authority to secure and insure the premises, make repairs, and otherwise manage the premises.
LRB095 04507 AJO 24560 b A BILL FOR HB1069 LRB095 04507 AJO 24560 b AN ACT concerning civil law.
(D) any of the essential utilities to the parcel or HB1069 - 2 - LRB095 04507 AJO 24560 b condominium units is either terminated or threatened with termination;
(D) any of the essential utilities to the parcel or HB1069 Engrossed - 2 - LRB095 04507 AJO 24560 b condominium units is either terminated or threatened with termination;
HB1069 - 3 - LRB095 04507 AJO 24560 b (c) If a court finds that the property is a distressed condominium property:
HB1069 Engrossed - 3 - LRB095 04507 AJO 24560 b (c) If a court finds that the property is a distressed condominium property:
(d) If a court finds that property is subject to paragraph HB1069 - 4 - LRB095 04507 AJO 24560 b (2) of subsection (c) of this Section, the court may authorize the receiver to enter into a sales contract and transfer the title of the property on behalf of the owners of the property without their consent.
(d) If a court finds that the property is subject to HB1069 Engrossed - 4 - LRB095 04507 AJO 24560 b paragraph (2) of subsection (c) of this Section, the court may authorize the receiver to enter into a sales contract and transfer the title of the property on behalf of the owners of the property without their consent.
HB1069 - 5 - LRB095 04507 AJO 24560 b (1) secure, clean, board and enclose, and keep secure, clean, boarded and enclosed, the property or any portion of the property;
HB1069 Engrossed - 5 - LRB095 04507 AJO 24560 b (1) secure, clean, board and enclose, and keep secure, clean, boarded and enclosed, the property or any portion of the property;
(f) If the court orders the appointment of a receiver, the receiver may use the rents and issues of the property toward HB1069 - 6 - LRB095 04507 AJO 24560 b maintenance, repair, and rehabilitation of the property prior to and despite any assignment of rents;
(f) If the court orders the appointment of a receiver, the receiver may use the rents and issues of the property toward HB1069 Engrossed - 6 - LRB095 04507 AJO 24560 b maintenance, repair, and rehabilitation of the property prior to and despite any assignment of rents;
Upon payment to the holder of the receiver’s note or certificate of the face amount thereof together with any interest thereon to the date of payment, and upon the filing of record of a sworn statement of such payment, HB1069 - 7 - LRB095 04507 AJO 24560 b the lien of such certificate shall be released.
Upon payment to the holder of the receiver’s note or certificate of the face amount thereof together with any interest thereon to the date of payment, and upon the filing of record of a sworn statement of such payment, HB1069 Engrossed - 7 - LRB095 04507 AJO 24560 b the lien of such certificate shall be released.
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Action History

  1. Session Sine Die

  2. Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee

  3. Referred to Rules

  4. First Reading

  5. Chief Senate Sponsor Sen. Jacqueline Y. Collins

  6. Placed on Calendar Order of First Reading

  7. Arrive in Senate

  8. Third Reading - Short Debate - Passed 115-000-000

  9. Third Reading/Final Action Deadline Extended-9(b) May 18, 2007

  10. Third Reading/Final Action Deadline Extended-9(b) May 10, 2007

  11. Placed on Calendar Order of 3rd Reading - Short Debate

  12. Second Reading - Short Debate

  13. Third Reading/Final Action Deadline Extended-9(b) May 3, 2007

  14. Placed on Calendar 2nd Reading - Short Debate

  15. Do Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-001

  16. Assigned to Judiciary I - Civil Law Committee

  17. Referred to Rules Committee

  18. First Reading

  19. Filed with the Clerk by Rep. Marlow H. Colvin

Sponsors

  • Marlow H. Colvin · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Marlow H. Colvin

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Republican 4000
Democrat 9000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Munson — Yea
Hassert — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Mathias — Yea
Lyons — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Riley — Yea
Schock — Yea
McGuire — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Bradley, John — Yea
Wait — Yea
Bradley, Richard — Yea
Washington — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Eddy — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Watson — Yea
Howard — Yea
Madigan — Yea
Davis, Monique — Yea
Patterson — Not Voting
Phelps — Yea
Poe — Yea
Scully — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Flowers — Not Voting
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Pihos — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does HB 1069 do?
Amends the Condominium Property Act. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides a definition of "distressed condominium property". Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective shares, after sale expenses, taxes, and liens have been paid. Provides that the receiver has the power and authority to secure and insure the premises, make repairs, and otherwise manage the premises.
Who sponsors HB 1069?
HB 1069 is sponsored by Marlow H. Colvin.
What is the current status of HB 1069?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1069?
Track HB 1069 free on One Click Politics — get push/email alerts when it moves.

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