2021 Illinois Legal Updates and Case Law Summaries

SB2664 – Amendment to the Illinois Notary Public Act – Public Act 102-0160

This bill amends the Illinois Notary Public Act by allowing a notary to notarize documents outside the presence of the person signing by using audio-video communication. It requires the notary to apply for an electronic notary commission.

Effective Date: 7/1/2022

HB51 – Amendment to the Smoke Detector Act – Public Act 102-0046

Amends the Smoke Detector Act by removing language that smoke detector requirements shall not apply to dwelling units and hotels within municipalities with over 1,000,000 inhabitants.

Effective Date: 1/1/2022

HB58 – Amends the Counties Code by Adding Section 3-5048 – Public Act 102-0110

An unlawful restrictive covenant means any recorded covenant or restriction that is void under Section 3-105 of the Illinois Human Rights Act which purports to forbid or restrict the conveyance, occupancy, or lease thereof on the basis of race, color, religion, or national origin. A common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, acting solely through a majority vote of the Board, may execute and file a restrictive covenant modification. Additionally, if the Board receives a written request by an owner or member of the Association to exercise its authority to file a restrictive covenant modification, then the Board has 90 days to investigate the claim and, if it is determined to be an unlawful restrictive covenant, shall execute an file a modification. If the Board fails or refuses to execute an file the modification the owner or member may bring an action to compel the Association to act, and the owner or member is entitled to collect reasonable attorneys’ fees and costs from the Association. The Board is also required to written notice to the owners and members of the modification and to provide a copy of modification within 21 days after receiving a recorded copy of the documents.

A restrictive covenant modification shall include:

(1) a complete copy of the original instrument containing the unlawful restrictive covenant with the language of the unlawful restrictive covenant stricken; and

(2) a petition to modify an unlawful restrictive covenant, as provided in subsection (d).

A petition to modify an unlawful restrictive covenant shall:

(1) be signed by the record owner of the property or, in the case of an entity under paragraph (2) of subsection (b), be accompanied by a certification that a majority of the governing body of the entity has agreed to the restrictive covenant modification;

Provided by KSN


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