Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 605/25

(765 ILCS 605/25) (from Ch. 30, par. 325)

Sec. 25. Add-on Condominiums.

The  developer may reserve the right
to add additional property to that which  has been submitted to the
provisions of this Act, and in the event of any addition, to reallocate
percentage interests in the common elements in accordance with the
provisions of this Act and the condominium instruments by: recording an
amended plat in accordance with the provisions of Section 5 of this Act,
together with an amendment to the declaration in accordance with Section
6 of this Act.  Notwithstanding any other provisions of this Act
requiring approval of unit owners, no approval shall be required if the
developer complies with the requirements of this Section.

If the developer wishes to reserve the right to add additional
property, the declaration shall contain:

(a) an explicit reservation of an option to add additional
property to the condominium;

(b) a statement of the method by which the reallocation of
percentage interests, adjustments to voting rights, and rights, and
changes in liability for common expenses shall be determined if
additional units are added;

(c) a legal description of all land which may be added to the
property, herein referred to as 'additional land' whether the units are
occupied or not;

(d) a time limit of 10 years from the date of the recording of the
declaration, after which the option to add additional property shall no
longer be in effect and a statement of the circumstances, if any, under
which it may terminate.  In all cases in which the option to add
additional property is exercised, the contracts for construction and
delivery of such additional property shall contain a date for the
completion and delivery of the additional property to be constructed;

(e) a statement as to whether portions of the additional land may
be added to the property at different times, and as to whether there are
any limitations on the order thereof, or any limitations fixing the
boundaries of these portions, or whether any particular portion of it
must be added;

(f) a statement concerning limitations, if any, on the locations
of improvements which may be made on the additional land added;

(g) a statement of the maximum number of units, if any, which may
be created on the additional land.  If portions of the additional land
may be added to the property and the boundaries of those portions are
fixed in accordance with paragraph (e) of this Section, the declaration
shall also state the maximum number of units that may be created on each
such portion to be added to the property.  If portions of the additional
land may be added to the property and the boundaries of those portions
are not fixed in accordance with paragraph (e) of this Section, then the
declaration shall also state the largest number of units which may be
created on each acre of any portion added to the property;

(h) a statement of the extent to which structures, improvements,
buildings and units will be compatible with the configuration of the
property in relation to density, use, construction and architectural
style; and

(i) any plat or site plans or other graphic material which the
developer may wish to set forth in order to supplement or explain the
information provided.

Subject to any restrictions and limitations specified by the
condominium instruments, there shall be an appurtenant easement over and
on the common elements for the purpose of making improvements on the
additional land, and for the purpose of doing what is reasonably
necessary and proper in conjunction therewith.

No provision of this Act shall be binding upon or obligate the
developer to exercise his option to make additions or bind the land
described in the condominium instruments.  No provision of the
condominium instruments shall be construed to be binding upon or
obligate the developer to exercise his option to make additions, and the
land legally described therein shall not be bound thereby, except in the
case of any covenant, restriction, limitation, or other representation
or commitment in the condominium instruments, or in any other agreement
made with, or by, the developer, requiring the developer to add all or
any portion of the additional land, or imposing any obligation with
regard to anything that is or is not to be done thereon or with regard
thereto, or imposing any obligations with regard to anything that is or
is not to be done on or with regard to the property or any portion
thereof, this Section shall not be construed to nullify, limit, or
otherwise affect any such obligation.

Any amendment to the declaration adding additional land may contain
such complementary additions and modifications of the provisions of the
declaration affecting the additional land which are necessary to reflect
the differences in character, if any, of the additional land and the
improvements thereto.  In no event, however, shall any such amendment to
a declaration revoke, modify or add to the covenants established by the
declaration for the property already subject to the declaration.

(Source: P.A. 96-328, eff. 8-11-09.)