13-72-060 Notice to tenants of intent to declare submission of property for condominium consideration required.

   (A)   (1)   Subject to subsection (A)(2), no less than 120 days prior to recording the declaration submitting the property to the provisions of the Illinois Condominium Property Act, a developer shall give notice of such intent to record to all persons who are tenants of the building on the property on the date notice is given.

      (2)    For any condominium project for which a declaration is recorded on or after July 30, 2012, no less than 180 days, or in the case of any tenant who is over 65 years of age, or who is deaf or blind or who is unable to walk without assistance 210 days, prior to recording the declaration submitting the property to the provisions of the Illinois Condominium Property Act, a developer shall: (1) mail, by certified or registered mail, return receipt requested, a written notice of such intent to record, and attach to such notice the summary of a tenant's rights prepared by the commissioner pursuant to section 13-72-067, to all persons who are tenants of the building on the property on the date notice is given; and (2) post at all public entrances to the building, a statement that the property is being converted to condominiums and the tenants must receive notice, by certified mail, of such conversion and a summary of the tenant's rights. It is the duty of the developer to assure that the statement is posted at the required entrances for the entire tenant notice period required by this subsection (A)(2) prior to the recording of the declaration.

         The developer shall: (i) keep all return receipts required by this subsection (A)(2) for a period of three years after the sale of the last unit in the condominium project; and (ii) at all times during the developer's business hours, and at all other times upon reasonable notice, make such receipts available for inspection by the commissioner.

   (B)   (1)   Subject to subsection (B)(2), any person who was a tenant as of the date of the notice of intent and whose tenancy expires other than for cause prior to the expiration of 120 days from the date on which a copy of the notice of intent was received by the tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental until the expiration of such 120-day period by the giving of written notice thereof to the developer within 30 days of the date upon which a copy of the notice of intent was received by the tenant; provided, that in the case of any tenant who is over 65 years of age, or who is deaf or blind or who is unable to walk without assistance, said tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental for 180 days following receipt of said notice of intent to record by giving notice as aforesaid.

      (2)   For any condominium project for which a declaration is filed on or after July 30, 2012, any person who was a tenant as of the date of the notice of intent and whose tenancy expires other than for cause prior to the expiration of 180 days from the date on which a copy of the notice of intent was received by the tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental until the expiration of such 180-day period by the giving of written notice thereof to the developer within 30 days of the date upon which a copy of the notice of intent was received by the tenant; provided, that in the case of any tenant who is over 65 years of age, or who is deaf or blind or who is unable to walk without assistance, such tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental for 210 days following receipt of said notice of intent to record by giving notice as aforesaid.

   (C)   (1)   Subject to subsection (C)(2), during the period of 120 days following his receipt of the notice of intent, and during a period of 180 days following his receipt of notice of intent in the case of any person who is over 65 years of age, or who is deaf or blind or who is unable to walk without assistance, any person who was both a tenant on the date of the notice of intent and a current tenant shall have the right of first refusal to purchase his unit.

      (2)   For a condominium project for which a declaration was recorded on or after July 30, 2012, during the period of 180 days following the receipt of the notice of intent, and during the period of 210 days following the receipt of notice of intent in the case of any person who is over 65 years of age, or who is deaf or blind or who is unable to walk without assistance, any person who was both a tenant on the date of the notice of intent and a current tenant shall have the right of first refusal to purchase his unit.

      (3)   The tenant must exercise the right of first refusal, if at all, by giving notice thereof to the developer prior to the expiration of 30 days from the giving of notice by the developer to the tenant that a contract to purchase the unit has been executed. Each contract for sale of a unit shall conspicuously disclose the existence of, and shall be subject to, such right of first refusal. The statement in the deed conveying the unit to a purchaser to the effect that the tenant of the unit either waived or failed to exercise the right of first refusal or had no right of first refusal with respect to the unit shall extinguish any legal or equitable right or interest to the possession or acquisition of the unit which the tenant may have or claim with respect to the unit arising out of the right of first refusal provided for in this section. The foregoing provisions shall not affect any claim which the tenant may have against the developer for damages arising out of the right of first refusal provided in this section, nor shall it affect the penalties provided in Section 13-72-110 hereof.

   (D)   No occupied unit shall be shown to any purchaser or prospective purchaser for 30 days after notice of intent to record, as provided herein, is given.

   (E)   Except as provided in subsections (A) and (F), any notice provided for in this section shall be given by a written notice delivered in person or mailed, certified or registered mail, return receipt requested, to the party who is being given the notice.

   (F)   Before the execution of any written or oral rental agreement entered into: (i) on or after January 1, 2012; and (ii) after the notice of intent to convert has been sent pursuant to subsection (A), the landlord shall give a written notice to a prospective tenant that the property has been submitted to the provisions of the Illinois Condominium Property Act and the building is being converted to condominiums. The written notice shall be attached to the written rental agreement, and in the case of an oral agreement, the written notice shall be given to the prospective tenant; provided that this provision shall not apply to the renewal of any lease for which the tenant has received notice pursuant to subsection (A).

(Prior code § 100.2-6; Amend Coun. J. 5-4-11, p. 118299, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. X, § 3)

13-72-065 Tenant relocation assistance.

   For any building containing residential rental units that is being converted to a condominium project and for which a declaration is recorded on or after July 30, 2012, a qualified tenant may, at the tenant's option, receive relocation assistance. If such qualified tenant exercises the option for relocation assistance, the landlord of such building shall provide the qualified tenant with relocation assistance, as follows:

   (A)   The landlord shall pay to a qualified tenant who exercises the option for assistance a one-time relocation fee of $1,500.00; provided that if the tenant's one month's rent is greater than $1,500.00, the landlord shall pay to the tenant one month's rent at the highest rent charged to that qualified tenant for that rental unit, or $2,500.00, whichever is less; provided further, that if a rental unit is occupied by two or more qualified tenants, the landlord's total liability to all the qualified tenants of the rental unit shall be no more than if the rental unit was occupied by one qualified tenant.

   (B)   The landlord shall pay the relocation fee to the qualified tenant no later than 7 days after the day of complete vacation of the rental unit by the qualified tenant. The relocation fee shall be paid by certified or cashier's check payable to the qualified tenant.

   (C)   The relocation fee shall be in addition to any damage, deposit or other compensation or refund to which the qualified tenant is otherwise entitled.

   (D)   No rental agreement may provide that a qualified tenant agrees to waive or forego the rights and remedies provided under this section and any such provision included in a rental agreement is unenforceable.

   (E)   The landlord may deduct from the relocation fee all rent due and payable for the rental unit occupied by the qualified tenant prior to the date on which the rental unit is vacated, unless such rent has been validly withheld or deducted pursuant to state, federal or local law. The landlord shall not retain all or any part of the relocation fee for the payment of any other amount, including without limitation, for any damage to the premises or for any other violation or breach of a rental agreement.

   (F)   The landlord shall not be liable to pay the relocation fee to any qualified tenant:

      (1)   who exercises the right to purchase the rental unit, or another unit within the same building or condominium project;

      (2)   against whom the landlord has obtained a judgment for possession of the rental unit;

      (3)   who fails to provide the landlord with the written evidence, as provided in rules and regulations, to prove household income; or

      (4)   who fails to exercise the option for relocation assistance.

   (G)   For purposes of this section only, the following definitions apply:

      “Household” means, collectively, all the persons who occupy a residential rental unit as their primary residence.

      “Household income” means the combined income of the members of a household for the calendar year preceding the date the notice of intent was given.

      “PMSA Median Income” means the Primary Metropolitan Statistical Area median income for the Chicago-Naperville-Joliet, Illinois, Metropolitan Fair Market Rent Area, as determined by the United States Department of Housing and Urban Development from time to time.

      “Principal residence” means a tenant's primary or chief residence that the tenant actually occupies on a regular basis.

      “Qualified tenant” means a tenant:

         (1)   who is entitled to receive the notice of intent pursuant to Section 13-72-060(A)(2);

         (2)   who has a rental agreement to occupy a residential rental unit as the tenant's principal residence in a building that is being converted into a condominium project that is subject to the provisions of this section; and

         (3)   with a household income of no greater than 120% of the PMSA Median Income.

      “Residential rental unit” means a dwelling unit for which a tenant has a rental agreement to occupy the dwelling unit as the tenant's principal residence.

      “Dwelling unit” and “rental agreement” have the same meaning ascribed to those terms in Section 5-12-030.

(Added Coun. J. 5-4-11, p. 118299, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. X, § 3)

13-72-067 Summary of a tenant's rights.

   The commissioner shall prepare a summary of this chapter, describing the rights, obligations and remedies of landlords, tenants and developers hereunder.

(Added Coun. J. 5-4-11, p. 118299, § 3)

13-72-070 Participation in recreational facilities not owned in fee by unit owners.

   The developer may not require, nor, except as established by the board of managers following assumption of control by unit purchasers, may the condominium bylaws require that a unit owner be a member of or participate in recreational or similar facilities which are not owned in fee by the unit owners or by an association in which they are members, individually or through the board of managers.

(Prior code § 100.2-7)

13-72-080 Examination of records by unit owners.

   (a)   Any person with custody and control of the records described in this subsection (a) shall, within 10 business days of a unit owner's written request, provide for inspection a condominium association's:

      (1)   declaration, bylaws, and plats of survey, and all amendments of these;

      (2)   the rules and regulations of the association, if any;

      (3)   articles of incorporation of the association and all amendments to the articles of incorporation;

      (4)   minutes of all meetings of the association and its board of managers for the immediately preceding 7 years;

      (5)   current policies of insurance of the association;

      (6)   contracts, leases, and other agreements then in effect to which the association is a party or under which the association or the unit owners have obligations or liabilities;

      (7)   books and records for the association's current and 10 immediately preceding fiscal years, including but not limited to itemized and detailed records of all receipts, expenditures, and accounts.

   (b)   The board of managers of every association shall maintain at the association's principal office a current listing of each unit owner's personal information, including the names, addresses, email addresses, telephone numbers, and weighted vote of all members entitled to vote.

   (c)   No unit owner, with the exception of those on the board of managers of the association, shall have the right to inspect, examine, or make copies of the unit owners’ email addresses and telephone numbers from records described in subsection (b) of this section. A condominium association may choose to opt out of this subsection by a 2/3 vote of all unit owners, in which case the pertinent provisions of Section 19 of the Illinois Condominium Property Act (codified at 765 ILCS 605/19) shall apply.

   (d)   Nothing in this section shall be construed to prohibit the board of managers of the association from allowing unit owners to inspect, examine, or make copies of the records of the association containing the names, addresses, weighted vote of members entitled to vote, or ballots and proxies pursuant to Section 19 of the Illinois Condominium Property Act (codified at 765 ILCS 605/19), provided that unit owners’ email addresses and telephone numbers are redacted from such documents. Provided, however, such redaction is not required if a condominium association chooses to opt out of subsection (c) as provided in that subsection.

(Prior code § 100.2-8; Amend Coun. J. 5-4-11, p. 118299, § 3; Amend Coun. J. 11-8-12, p. 38872, § 225; Amend Coun. J. 1-15-14, p. 72919, § 1; Amend Coun. J. 3-28-18, p. 73301, § 1; Amend Coun. J. 5-25-18, p. 77772, § 1)

13-72-085 Reserved.

Editor's note – Coun. J. 11-16-11, p. 13798, Art. X, § 3, repealed § 13-72-085, which pertained to condominium registration.

13-72-090 Administration and enforcement of chapter.

   The commissioner shall administer this chapter and may adopt rules and regulations for the effective administration of this chapter.

   The commissioner shall enforce any provision of this chapter by instituting an action with the department of administrative hearings or by the corporation counsel through injunction or any other suit, action or proceeding at law or in equity in a court of competent jurisdiction.

   Any information, receipt, notice, or other document required under this chapter shall be open for inspection and review by the commissioner at any reasonable time.

(Prior code § 100.2-9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-4-11, p. 118299, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. X, § 3)

13-72-100 Rights, obligations and remedies.

   The rights, obligations and remedies set forth in this chapter shall be cumulative and in addition to any others available at law or in equity. A person may bring a private cause of action in a court of competent jurisdiction seeking compliance with the provisions of this chapter and the prevailing plaintiff shall be entitled to recover, in addition to any other remedy available, his damages and reasonable attorney's fees; provided, however, that only the department may enforce the provisions of Section 13-72-110.

(Prior code § 100.2-10; Amend Coun. J. 5-4-11, p. 118299, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. X, § 3)