(a) At any time after a dispute is filed under Section 10B-9, a community association may submit a request to lift the automatic stay required under Section 10B-9(e) to a hearing panel appointed under Section 10B-12, or if no hearing panel has been appointed, a special standing panel authorized to consider requests for relief from stays.
(b) The special panel must consist of three voting members of the Commission designated by the chair, and must include at least one representative of each membership category.
(c) An association that requests relief from a stay must serve a copy of its request on any other party named in the dispute by certified mail or personal service. A certificate of service must accompany any request submitted under this Section. A party served with a copy of the request must file its opposition, if any, within 10 days after receiving service.
(d) If a request for relief from a stay which states facts sufficient to show a need for immediate action is not granted or denied within 20 days after the request was filed, the request must be treated as granted.
(e) Except as provided in subsection (d), a request for relief from stay may only be granted if the assigned panel finds that:
(1) enforcing the stay would result in undue harm to the community association; and
(2) lifting the stay will not result in undue harm to the rights or interests of any opposing party. (, § 1; , § 1.)
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