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Public Act 098-0282


 

Public Act 0282 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0282
 
SB1606 EnrolledLRB098 10392 HEP 40582 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Condominium Property Act is amended by
changing Section 27 as follows:
 
    (765 ILCS 605/27)  (from Ch. 30, par. 327)
    Sec. 27. (a) If there is any unit owner other than the
developer, and unless otherwise provided in this Act, the
condominium instruments shall be amended only as follows:
        (i) upon the affirmative vote of 2/3 of those voting or
    upon the majority specified by the condominium
    instruments, provided that in no event shall the
    condominium instruments require more than a three-quarters
    vote of all unit owners; and
        (ii) with the approval of any mortgagees required under
    the provisions of the condominium instruments.
Except in cases where this Act provides different methods of
amendment or with respect to property whose declaration is
recorded on or after July 1, 1984, no condominium instrument
shall require more than a three-quarters vote of unit owners to
amend the bylaws. Except to the extent authorized by other
provisions of this Act, no amendment to the condominium
instrument shall change the boundaries of any unit or the
undivided interest in the common elements, the number of votes
in the unit owners' association, or the liability for common
expenses appertaining to a unit.
    (b)(1) If there is an omission or error in the declaration,
bylaws or other condominium instrument, the association may
correct the error or omission by an amendment to the
declaration, bylaws, or other condominium instrument in such
respects as may be required to conform to this Act, and any
other applicable statute or to the declaration by vote of
two-thirds of the members of the Board of Managers or by a
majority vote of the unit owners at a meeting called for this
purpose, unless the Act or the condominium instruments
specifically provide for greater percentages or different
procedures.
    (2) If through a scrivener's error, a unit has not been
designated as owning an appropriate undivided share of the
common elements or does not bear an appropriate share of the
common expenses or that all the common expenses or all of the
common elements in the condominium have not been distributed in
the declaration, so that the sum total of the shares of common
elements which have been distributed or the sum total of the
shares of the common expenses fail to equal 100%, or if it
appears that more than 100% of the common elements or common
expenses have been distributed, the error may be corrected by
operation of law by filing an amendment to the declaration
approved by vote of two-thirds of the members of the Board of
Managers or a majority vote of the unit owners at a meeting
called for this purpose which proportionately adjusts all
percentage interests so that the total is equal to 100% unless
the condominium instruments specifically provide for a
different procedure or different percentage vote by the owners
of the units and the owners of mortgages thereon affected by
modification being made in the undivided interest in the common
elements, the number of votes in the unit owners association or
the liability for common expenses appertaining to the unit.
    (3) If an omission or error or a scrivener's error in the
declaration, bylaws or other condominium instrument is
corrected by vote of two-thirds of the members of the Board of
Managers pursuant to the authority established in subsections
(b)(1) or (b)(2) of Section 27 of this Act, the Board upon
written petition by unit owners with 20 percent of the votes of
the association filed within 30 days of the Board action shall
call a meeting of the unit owners within 30 days of the filing
of the petition to consider the Board action. Unless a majority
of the votes of the unit owners of the association are cast at
the meeting to reject the action, it is ratified whether or not
a quorum is present.
    (4) The procedures for amendments set forth in this
subsection (b) cannot be used if such an amendment would
materially or adversely affect property rights of the unit
owners unless the affected unit owners consent in writing. This
Section does not restrict the powers of the association to
otherwise amend the declaration, bylaws, or other condominium
instruments, but authorizes a simple process of amendment
requiring a lesser vote for the purpose of correcting defects,
errors, or omissions when the property rights of the unit
owners are not materially or adversely affected.
    (5) If there is an omission or error in the declaration,
bylaws, or other condominium instruments, which may not be
corrected by an amendment procedure set forth in paragraphs (1)
and (2) of subsection (b) of Section 27 in the declaration then
the Circuit Court in the County in which the condominium is
located shall have jurisdiction to hear a petition of one or
more of the unit owners thereon or of the association, to
correct the error or omission, and the action may be a class
action. The court may require that one or more methods of
correcting the error or omission be submitted to the unit
owners to determine the most acceptable correction. All unit
owners in the association must be joined as parties to the
action. Service of process on owners may be by publication, but
the plaintiff shall furnish all unit owners not personally
served with process with copies of the petition and final
judgment of the court by certified mail return receipt
requested, at their last known address.
    (6) Nothing contained in this Section shall be construed to
invalidate any provision of a condominium instrument
authorizing the developer to amend a condominium instrument
prior to the latest date on which the initial membership
meeting of the unit owners must be held, whether or nor it has
actually been held, to bring the instrument into compliance
with the legal requirements of the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the
Federal Housing Administration, the United States Veterans
Administration or their respective successors and assigns.
(Source: P.A. 94-886, eff. 6-20-06.)

Effective Date: 1/1/2014