US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Illinois Compiled Statutes » RIGHTS AND REMEDIES » Chapter 765 - PROPERTY » LAND TRUSTS » 765 ILCS 425/ – Building Law Violation Ownership Disclosure Act.

(765 ILCS 425/0.01) (from Ch. 80, par. 80)

Sec. 0.01.
Short title.
This Act may be cited as the
Building Law Violation Ownership Disclosure Act.

(Source: P.A. 86-1324.)

 

(765 ILCS 425/1) (from Ch. 80, par. 81)

Sec. 1.

A trustee who pursuant to a trust instrument has title to but
no beneficial interest in real property, or a managing agent for real
property within 10 days after receipt (by such trustee or a beneficiary
empowered or an agent authorized to manage and control such property) from
an enforcement agency of the
initial written notice or complaint of violation of an ordinance,
resolution or regulation of a political subdivision of this State
relating to conditions or operations of real property affecting health
or safety, shall disclose the identity of every owner and beneficiary
with an interest in present use and enjoyment to the department or
agency of such political subdivision primarily responsible for
enforcement of such ordinance, resolution or regulation.

For residential buildings, if the violation charged has not been corrected
within 180 days of notice to the trustee or managing agent, the enforcement
agency shall make public the identity of all owners or all beneficiaries
disclosed to it by placing such disclosure in a register to be available
to the public at reasonable times in the office of the agency. A reasonable
charge for the cost of any reproduction requested may be made. Where the
violations are subsequently corrected, the agency shall remove the identity
of the disclosed owners or beneficiaries from the register.

(Source: P.A. 81-485.)

 

(765 ILCS 425/1.1) (from Ch. 80, par. 81.1)

Sec. 1.1.

(1) In any case in which a property has been damaged or destroyed
by fire, any fire inspector or other local officer charged with the duty
of investigating fires, who has reason to believe that the damage or destruction
was caused by other than accidental means, shall have, in addition to all
other powers of his
office, the following powers:

(a) If title to the damaged or destroyed property is held in a land trust,
to require the prompt disclosure, under oath, by the trustee of such land
trust of the beneficiaries; and to require the prompt disclosure, under
oath, by any named beneficiary of such land trust of the following information:

(i) the identity of all persons who have any direct or indirect interest
in the trust or who derive any direct or indirect benefit therefrom; and

(ii) a listing by street address of all properties located within the
county of the damaged or destroyed property with respect to which any claim
has been made, directly or indirectly, by or for such beneficiary’s benefit
under any policy of fire insurance for loss or damage by fire within the
previous 5 years, together with the identity of the insurer and the policy number.

(b) If title to the damaged or destroyed property is held in the name
of a nominee, to require the prompt disclosure, under oath, by such nominee
of the principal; and

(c) If title to the damaged or destroyed property is in a corporation,
to require the prompt disclosure, under oath, by such corporation of each
person who holds 15% or more of the shares of stock of the corporation.

(2) The fire inspectors or other local officers receiving any information
furnished pursuant to this Section shall hold the information in confidence
until such time as its release is required pursuant to a criminal or civil proceeding.

(3) Any person who fails to make a disclosure requested by a fire inspector
or other local officer pursuant to this Section or any fire inspector or
other local officer who releases any information in violation of subsection
(2), has violated this Act.

(Source: P.A. 81-1531.)

 

(765 ILCS 425/2) (from Ch. 80, par. 82)

Sec. 2.

Notwithstanding any exculpatory provision in the trust
instrument or management agreement, a trustee, managing agent
or any other person who
violates this Act shall be guilty of a petty offense and fined $100 for
each day of such violation.

(Source: P.A. 81-1531.)