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91st General Assembly
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Public Act 91-0616

SB242 Enrolled                                 LRB9101314KSgc

    AN ACT to amend the Condominium Property Act by  changing
Sections 9.1, 18.2, 18.5, and 22.

    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 Sections 9.1, 18.2, 18.5, and 22 as follows:

    (765 ILCS 605/9.1) (from Ch. 30, par. 309.1)
    Sec.  9.1.  (a) Other liens; attachment and satisfaction.
Subsequent to the recording of the declaration, no  liens  of
any  nature  shall be created or arise against any portion of
the property except against an individual unit or units.   No
labor performed or materials furnished with the consent or at
the request of a particular unit owner shall be the basis for
the filing of a mechanics' lien claim against any other unit.
If  the  performance  of  the  labor  or  furnishing  of  the
materials  is  expressly authorized by the board of managers,
each unit owner shall be deemed to have expressly  authorized
it and consented thereto, and shall be liable for the payment
of  his  unit's  proportionate  share  of any due and payable
indebtedness as set forth in this Section.
    Each mortgage and other lien, including mechanics  liens,
securing  a  debt  incurred  in  the  development of the land
submitted to the provisions of this Act for the sale of units
shall be subject to the provisions of this Act, subsequent to
the conveyance of a unit to the purchaser.
    In the event any lien exists against 2 or more units  and
the indebtedness secured by such lien is due and payable, the
unit  owner of any such unit so affected may remove such unit
and  the  undivided   interest   in   the   common   elements
appertaining  thereto  from  such  lien  by  payment  of  the
proportional amount of such indebtedness attributable to such

unit.   In  the  event  such lien exists against the units or
against the property, the amount of such proportional payment
shall be computed on the basis of the percentages  set  forth
in  the  declaration.  Upon payment as herein provided, it is
the duty of the encumbrancer to execute and  deliver  to  the
unit  owner a release of such unit and the undivided interest
in the common elements appertaining thereto from  such  lien,
except  that  such proportional payment and release shall not
prevent the  encumbrancer  from  proceeding  to  enforce  his
rights  against  any  unit  or interest with respect to which
such lien has not been so paid or released.
    The owner of a unit shall not be liable for  any  claims,
damages,  or judgments, including but not limited to State or
local government fees or fines, entered as a  result  of  any
action   or   inaction  of  the  board  of  managers  of  the
association other than for mechanics' liens as set  forth  in
this  Section.  Unit owners other than the developer, members
of  the  board  of  managers  other  than  the  developer  or
developer representatives, and the association of unit owners
shall not be liable for any claims,  damages,  or  judgments,
including  but  not limited to State or local government fees
or fines, entered as result of any action or inaction of  the
developer  other  than  for  mechanics' liens as set forth in
this Section. Each unit owner's liability  for  any  judgment
entered  against the board of managers or the association, if
any, shall be limited  to  his  proportionate  share  of  the
indebtedness as set forth in this Section, whether collection
is sought through assessment or otherwise. A unit owner shall
be  liable  for  any  claim,  damage or judgment entered as a
result of the use or operation of his unit, or caused by  his
own  conduct.  Before  conveying  a  unit,  a developer shall
record  and  or  furnish  purchaser  releases  of  all  liens
affecting that unit and its common element interest which the
purchaser does not expressly agree  to  take  subject  to  or
assume,  and  or the developer shall provide a surety bond or
substitute collateral for or insurance against such liens for
which a release is not provided.  After  conveyance  of  such
unit, no mechanics lien shall be created against such unit or
its  common  element  interest  by  reason  of any subsequent
contract by the developer to improve or make additions to the
property.
    Each mortgagee or other  lienholder  of  the  unit  of  a
common  interest  community  or  of  a  unit  subject  to the
Condominium Property Act shall provide an address to the unit
owners' association at the  time  the  lien  or  mortgage  is
recorded at which address such unit owners' association shall
send  notice  to  such mortgagee or lienholder of any eminent
domain proceeding to which the association thereafter becomes
a party.  If the mortgagee or lienholder has not provided  an
address  for  notice  purposes  to the association, then such
notice shall be sent to all mortgagees or  lienholders  which
are  named  insureds  on the master policy of insurance which
exists or may exist on the common interest community or  unit
subject to the Condominium Property Act.
    (b)  Board of Managers' standing and capacity.
    The board of managers shall have standing and capacity to
act  in  a  representative  capacity  in  relation to matters
involving the common elements  or  more  than  one  unit,  on
behalf of the unit owners, as their interests may appear.
(Source: P.A. 86-826.)

    (765 ILCS 605/18.2) (from Ch. 30, par. 318.2)
    Sec.  18.2.  Administration of property prior to election
of initial board of managers.
    (a)  Until election of the initial board of managers that
is comprised of a majority of  unit  owners  other  than  the
developer  (first  unit  owner  board  of managers), the same
rights,  titles,  powers,  privileges,  trusts,  duties   and
obligations  vested  in or imposed upon the board of managers
by this Act and in the declaration and bylaws shall  be  held
and performed by the developer.
    (b) (i)  The  election  of  the first unit owner board of
    managers shall be held not later than 60 days  after  the
    conveyance  by  the  developer  of 75% of the units, or 3
    years after the recording of the  declaration,  whichever
    is  earlier.   The  developer shall give at least 21 days
    notice of such meeting to  elect  the  first  unit  owner
    board  of  managers  and  shall provide to any unit owner
    within  3  working  days  of  the  request,  the   names,
    addresses,  and weighted vote of each unit owner entitled
    to vote  at  such  meeting.   Any  unit  owner  shall  be
    provided  with  the  same  information  within 10 days of
    receipt of the request, with respect to  each  subsequent
    meeting to elect members of the Board of Managers.
         (ii)  In  the  event  the  developer does not call a
    meeting for the purpose  of  election  of  the  board  of
    managers within the time provided in this subsection (b),
    unit   owners   holding   20%  of  the  interest  in  the
    association may call a meeting by filing a  petition  for
    such  meeting  with  the developer, after which said unit
    owners shall  have  authority  to  send  notice  of  said
    meeting to the unit owners and to hold such meeting.
    (c)  If  the  first unit board of managers is not elected
at the time so established, the developer shall  continue  in
office  for  a  period of 30 days whereupon written notice of
his resignation shall be sent  to  all  of  the  unit  owners
entitled to vote at such election.
    (d)  Within  60  days following the election of the first
unit owner board of managers, the developer shall deliver  to
the board of managers:
         (1)  All  original  documents  as  recorded or filed
    pertaining to the property, its administration,  and  the
    association,  such  as the declaration, by-laws, articles
    of incorporation, other condominium  instruments,  annual
    reports,  minutes  and  rules and regulations, contracts,
    leases,  or  other  agreements  entered   into   by   the
    Association.   If any original documents are unavailable,
    a copy may be provided if certified by affidavit  of  the
    developer,  or  an  officer or agent of the developer, as
    being a complete copy of the actual document recorded  as
    filed.
         (2)  A detailed accounting by the developer, setting
    forth  the source and nature of receipts and expenditures
    in  connection  with  the  management,  maintenance   and
    operation  of  the  property  and copies of all insurance
    policies and a list of  any  loans  or  advances  to  the
    association which are outstanding.
         (3)  Association funds, which shall have been at all
    times segregated from any other moneys of the developer.
         (4)  A  schedule  of  all real or personal property,
    equipment and  fixtures  belonging  to  the  association,
    including    documents    transferring    the   property,
    warranties, if any, for all real  and  personal  property
    and  equipment,  deeds, title insurance policies, and all
    tax bills.
         (5)  A list of all litigation, administrative action
    and arbitrations involving the association,  any  notices
    of  governmental  bodies involving actions taken or which
    may be taken concerning the association, engineering  and
    architectural  drawings and specifications as approved by
    any governmental authority,  all  other  documents  filed
    with  any  other governmental authority, all governmental
    certificates, correspondence involving enforcement of any
    association  requirements,  copies   of   any   documents
    relating  to disputes involving unit owners, originals of
    all documents  relating  to  everything  listed  in  this
    subparagraph.
    (e)  Upon  election  of  the  first  unit  owner board of
managers, any contract, lease, or other agreement made  prior
to  the  date of election of the first unit owner board by or
on behalf of unit owners, individually or  collectively,  the
unit  owners'  association,  the  board  of  managers, or the
developer or its affiliates which extends  for  a  period  of
more  than  2  years  from the date of the election, shall be
subject to cancellation by a majority of  the  votes  of  the
unit  owners  other  than  the  developer  cast  at a special
meeting of members called for that purpose during the 180 day
period beginning on the date of the  election  of  the  first
unit  owner  board.  At least 60 days prior to the expiration
of the 180 day cancellation period,  the  board  of  managers
shall send notice to every unit owner, notifying them of this
provision,  what  contracts,  leases and other agreements are
affected, and the procedure for calling a meeting of the unit
owners for the purpose  of  voting  on  termination  of  such
contracts,  leases  or  other agreements.  During the 180 day
cancellation period the other party to the  contract,  lease,
or other agreement shall also have the right of cancellation.
The  cancellation  shall  be  effective 30 days after mailing
notice by certified mail, return receipt  requested,  to  the
last  known  address  of  the  other parties to the contract,
lease, or other agreement.
    (f)  The statute of limitations for any actions in law or
equity which the condominium association may bring shall  not
begin to run until the unit owners have elected a majority of
the members of the board of managers.
    (g)  If   the   developer  fails  to  fully  comply  with
subsection (d) within the 60 days provided and fails to fully
comply within 10 days of written demand mailed by  registered
or certified mail to his or her last known address, the board
may bring an action to compel compliance with subsection (d).
If  the  court finds that any of the required deliveries were
not made within the  required  period,  the  board  shall  be
entitled  to recover its reasonable attorneys' fees and costs
incurred from and after the date of expiration of the 10  day
demand.
(Source: P.A. 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)

    (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
    Sec. 18.5.  Master Associations.
    (a)  If the declaration, other condominium instrument, or
other  duly recorded covenants provide that any of the powers
of the unit owners associations are to be exercised by or may
be delegated to a  nonprofit  corporation  or  unincorporated
association that exercises those or other powers on behalf of
one  or  more  condominiums,  or  for the benefit of the unit
owners of one  or  more  condominiums,  such  corporation  or
association shall be a master association.
    (b)  There  shall  be  included in the declaration, other
condominium instruments, or  other  duly  recorded  covenants
establishing  the powers and duties of the master association
the provisions set forth in subsections (c) through (h).
    In interpreting subsections (c) through (h),  the  courts
should   interpret   these   provisions   so  that  they  are
interpreted consistently with the similar parallel provisions
found in other parts of this Act.
    (c)  Meetings and finances.
         (1)  Each unit owner of a condominium subject to the
    authority of the board of the  master  association  shall
    receive,  at  least 30 days prior to the adoption thereof
    by the board of the master association,  a  copy  of  the
    proposed annual budget.
         (2)  The  board  of  the  master  association  shall
    annually  supply  to  all  unit  owners  of  condominiums
    subject  to  the  authority  of  the  board of the master
    association an itemized accounting of the common expenses
    for  the  preceding  year  actually  incurred  or   paid,
    together  with  a  tabulation  of  the  amounts collected
    pursuant to the budget or assessment, and showing the net
    excess  or  deficit  of  income  over  expenditures  plus
    reserves.
         (3)  Each unit owner of a condominium subject to the
    authority of the board of the  master  association  shall
    receive  written  notice mailed or delivered no less than
    10 and no more than 30 days prior to any meeting  of  the
    board  of  the master association concerning the adoption
    of the proposed annual budget  or  any  increase  in  the
    budget, or establishment of an assessment.
         (4)  Meetings of the board of the master association
    shall  be open to any unit owner in a condominium subject
    to the authority of the board of the master  association,
    except for the portion of any meeting held:
              (A)  to   discuss  litigation  when  an  action
         against  or  on  behalf  of  the  particular  master
         association has been filed and is pending in a court
         or administrative tribunal, or when the board of the
         master association finds  that  such  an  action  is
         probable or imminent,
              (B)  to    consider    information    regarding
         appointment, employment or dismissal of an employee,
         or
              (C)  to   discuss   violations   of  rules  and
         regulations of  the  master  association  or  unpaid
         common expenses owed to the master association.
    Any  vote on these matters shall be taken at a meeting or
    portion thereof open to any unit owner of  a  condominium
    subject to the authority of the master association.
         Any   unit  owner  may  record  the  proceedings  at
    meetings required to be open by this Act by tape, film or
    other means; the board may prescribe reasonable rules and
    regulations to govern the right to make such  recordings.
    Notice  of meetings shall be mailed or delivered at least
    48 hours prior thereto, unless a written waiver  of  such
    notice is signed by the persons entitled to notice before
    the  meeting  is convened.  Copies of notices of meetings
    of the board of the master association shall be posted in
    entranceways, elevators, or other conspicuous  places  in
    the condominium at least 48 hours prior to the meeting of
    the  board  of the master association.  Where there is no
    common entranceway for 7 or more units, the board of  the
    master association may designate one or more locations in
    the  proximity  of  these  units  where  the  notices  of
    meetings shall be posted.
         (5)  If  the  declaration  provides  for election by
    unit owners of members of the board of directors  in  the
    event  of  a  resale of a unit in the master association,
    the purchaser of a unit from  a  seller  other  than  the
    developer   pursuant   to  an  installment  contract  for
    purchase shall, during such times as he or she resides in
    the unit, be counted toward  a  quorum  for  purposes  of
    election  of  members  of  the  board of directors at any
    meeting  of  the  unit  owners  called  for  purposes  of
    electing members of the board, and shall have  the  right
    to  vote  for  the  election  of  members of the board of
    directors and to be elected to and serve on the board  of
    directors  unless the seller expressly retains in writing
    any or all of those rights. In no event  may  the  seller
    and  purchaser  both  be  counted  toward  a  quorum,  be
    permitted  to vote for a particular office, or be elected
    and serve on the board.   Satisfactory  evidence  of  the
    installment  contract  shall  be  made  available  to the
    association  or  its  agents.   For  purposes   of   this
    subsection,  "installment  contract"  shall have the same
    meaning as set forth in subsection (e) of  Section  1  of
    the Dwelling Unit Installment Contract Act.
         (6)  The  board of the master association shall have
    the authority to  establish  and  maintain  a  system  of
    master metering of public utility services and to collect
    payments   in   connection   therewith,  subject  to  the
    requirements of the  Tenant  Utility  Payment  Disclosure
    Act.
         (7)  The board of the master association or a common
    interest  community  association  shall  have  the power,
    after notice and an opportunity to be heard, to levy  and
    collect  reasonable  fines from members for violations of
    the declaration, bylaws, and rules and regulations of the
    master  association  or  the  common  interest  community
    association.  Nothing contained in this  subdivision  (7)
    shall give rise to a statutory lien for unpaid fines.
    (d)  Records.
         (1)  The  board  of  the  master  association  shall
    maintain  the  following  records  of the association and
    make  them  available  for  examination  and  copying  at
    convenient hours of weekdays by  any  unit  owners  in  a
    condominium  subject  to  the  authority  of the board or
    their mortgagees and  their  duly  authorized  agents  or
    attorneys:
              (i)  Copies  of the recorded declaration, other
         condominium   instruments,   other   duly   recorded
         covenants and bylaws and any amendments, articles of
         incorporation  of  the  master  association,  annual
         reports and any rules and regulations adopted by the
         master association or its board shall be  available.
         Prior to the organization of the master association,
         the  developer shall maintain and make available the
         records set forth in  this  subdivision  (d)(1)  for
         examination and copying.
              (ii)  Detailed    and   accurate   records   in
         chronological order of the receipts and expenditures
         affecting the common areas, specifying and itemizing
         the maintenance and repair expenses  of  the  common
         areas and any other expenses incurred, and copies of
         all  contracts,  leases, or other agreements entered
         into by the master association, shall be maintained.
              (iii)  The  minutes  of  all  meetings  of  the
         master association  and  the  board  of  the  master
         association  shall be maintained for not less than 7
         years.
              (iv)  Ballots and proxies related  thereto,  if
         any,  for  any  election  held  for the board of the
         master association and for any other  matters  voted
         on  by  the  unit owners shall be maintained for not
         less than one year.
              (v)  Such   other   records   of   the   master
         association  as  are  available  for  inspection  by
         members of a not-for-profit corporation pursuant  to
         Section   107.75  of  the  General  Not  For  Profit
         Corporation Act of 1986 shall be maintained.
              (vi)  With respect to units  owned  by  a  land
         trust,  if  a trustee designates in writing a person
         to cast votes on  behalf  of  the  unit  owner,  the
         designation   shall   remain   in   effect  until  a
         subsequent document is filed with the association.
         (2)  Where  a  request  for   records   under   this
    subsection is made in writing to the board of managers or
    its  agent, failure to provide the requested record or to
    respond within 30 days shall be deemed a  denial  by  the
    board of directors.
         (3)  A  reasonable  fee may be charged by the master
    association or its board for the cost of copying.
         (4)  If the board  of  directors  fails  to  provide
    records   properly  requested  under  subdivision  (d)(1)
    within the time period provided  in  subdivision  (d)(2),
    the  unit owner may seek appropriate relief, including an
    award of attorney's fees and costs.
    (e)  The board  of  directors  shall  have  standing  and
capacity  to  act in a representative capacity in relation to
matters involving the common areas of the master  association
or  more than one unit, on behalf of the unit owners as their
interests may appear.
    (f)  Administration of property prior to election of  the
initial board of directors.
         (1)  Until  the  election, by the unit owners or the
    boards  of  managers  of   the   underlying   condominium
    associations,  of  the  initial  board  of directors of a
    master association whose declaration is  recorded  on  or
    after  August  10, 1990, the same rights, titles, powers,
    privileges,  trusts,  duties  and  obligations  that  are
    vested in or imposed upon the board of directors by  this
    Act or in the declaration or other duly recorded covenant
    shall be held and performed by the developer.
         (2)  The  election of the initial board of directors
    of a master association whose declaration is recorded  on
    or  after  August  10,  1990,  by  the unit owners or the
    boards  of  managers  of   the   underlying   condominium
    associations,  shall be held not later than 60 days after
    the conveyance by the developer of 75% of the units, or 3
    years after the recording of the  declaration,  whichever
    is  earlier.   The  developer shall give at least 21 days
    notice of the meeting  to  elect  the  initial  board  of
    directors  and  shall  upon  request  provide to any unit
    owner, within 3 working days of the request,  the  names,
    addresses,  and weighted vote of each unit owner entitled
    to vote at  the  meeting.   Any  unit  owner  shall  upon
    receipt   of  the  request  be  provided  with  the  same
    information, within 10 days of the request, with  respect
    to  each subsequent meeting to elect members of the board
    of directors.
         (3)  If the initial board of directors of  a  master
    association  whose  declaration  is  recorded on or after
    August 10, 1990 is not elected by the unit owners or  the
    members  of  the underlying condominium association board
    of  managers  at  the  time  established  in  subdivision
    (f)(2), the developer shall  continue  in  office  for  a
    period  of  30  days,  whereupon  written  notice  of his
    resignation shall be sent to all of the  unit  owners  or
    members  of  the underlying condominium board of managers
    entitled to vote at an election for members of the  board
    of directors.
         (4)  Within  60  days  following  the  election of a
    majority of  the  board  of  directors,  other  than  the
    developer, by unit owners, the developer shall deliver to
    the board of directors:
              (i)  All  original  documents  as  recorded  or
         filed    pertaining    to    the    property,    its
         administration,  and  the  association,  such as the
         declaration,  articles   of   incorporation,   other
         instruments,  annual  reports,  minutes,  rules  and
         regulations,   and   contracts,   leases,  or  other
         agreements entered into by the association.  If  any
         original  documents  are  unavailable, a copy may be
         provided if certified by affidavit of the developer,
         or an officer or agent of the developer, as being  a
         complete  copy  of  the  actual document recorded or
         filed.
              (ii)  A detailed accounting by  the  developer,
         setting  forth the source and nature of receipts and
         expenditures  in  connection  with  the  management,
         maintenance and operation of the property, copies of
         all insurance policies, and a list of any  loans  or
         advances to the association which are outstanding.
              (iii)  Association funds, which shall have been
         at all times segregated from any other moneys of the
         developer.
              (iv)  A   schedule  of  all  real  or  personal
         property, equipment and fixtures  belonging  to  the
         association,  including  documents  transferring the
         property, warranties,  if  any,  for  all  real  and
         personal   property  and  equipment,   deeds,  title
         insurance policies, and all tax bills.
              (v)  A list of all  litigation,  administrative
         action  and  arbitrations involving the association,
         any notices of governmental bodies involving actions
         taken  or  which  may  be   taken   concerning   the
         association,  engineering and architectural drawings
         and specifications as approved by  any  governmental
         authority,  all other documents filed with any other
         governmental     authority,     all     governmental
         certificates, correspondence  involving  enforcement
         of  any  association  requirements,  copies  of  any
         documents   relating   to  disputes  involving  unit
         owners, and originals of all documents  relating  to
         everything listed in this subparagraph.
              (vi)  If  the  developer  fails to fully comply
         with this paragraph (4) within the 60 days  provided
         and  fails to fully comply within 10 days of written
         demand mailed by registered or certified mail to his
         or her last known address, the board  may  bring  an
         action to compel compliance with this paragraph (4).
         If   the  court  finds  that  any  of  the  required
         deliveries were not made within the required period,
         the  board  shall  be  entitled   to   recover   its
         reasonable  attorneys'  fees and costs incurred from
         and after the date  of  expiration  of  the  10  day
         demand.
         (5)  With  respect  to  any master association whose
    declaration is recorded on or after August 10, 1990,  any
    contract,  lease,  or  other  agreement made prior to the
    election of a majority of the board  of  directors  other
    than  the  developer  by  or  on behalf of unit owners or
    underlying condominium associations, the  association  or
    the  board  of  directors,  which extends for a period of
    more than 2 years from the recording of the  declaration,
    shall  be subject to cancellation by more than 1/2 of the
    votes of the unit owners, other than the developer,  cast
    at  a  special meeting of members called for that purpose
    during a period of 90 days prior to the expiration of the
    2 year period if the board of managers is elected by  the
    unit owners, otherwise by more than 1/2 of the underlying
    condominium board of managers.  At least 60 days prior to
    the  expiration  of  the  2  year  period,  the  board of
    directors, or, if the  board  is  still  under  developer
    control,  then  the  board  of  managers or the developer
    shall send  notice to  every  unit  owner  or  underlying
    condominium  board  of  managers,  notifying them of this
    provision, of what contracts, leases and other agreements
    are affected, and of the procedure for calling a  meeting
    of  the  unit  owners  or  for  action  by the underlying
    condominium board of managers for the purpose  of  acting
    to  terminate such contracts, leases or other agreements.
    During the 90 day period the other party to the contract,
    lease, or other agreement shall also have  the  right  of
    cancellation.
         (6)  The  statute  of limitations for any actions in
    law or equity which  the  master  association  may  bring
    shall   not  begin  to  run  until  the  unit  owners  or
    underlying condominium board of managers have  elected  a
    majority of the members of the board of directors.
    (g)  In  the  event  of  any resale of a unit in a master
association by a unit owner other  than  the  developer,  the
owner shall obtain from the board of directors and shall make
available  for  inspection to the prospective purchaser, upon
demand, the following:
         (1)  A copy of the  declaration,  other  instruments
    and any rules and regulations.
         (2)  A statement of any liens, including a statement
    of  the  account of the unit setting forth the amounts of
    unpaid assessments and other charges due and owing.
         (3)  A  statement  of   any   capital   expenditures
    anticipated  by  the  association  within  the current or
    succeeding 2 fiscal years.
         (4)  A statement of the status  and  amount  of  any
    reserve for replacement fund and any portion of such fund
    earmarked  for  any  specified  project  by  the board of
    directors.
         (5)  A copy of the statement of financial  condition
    of  the  association  for  the last fiscal year for which
    such a statement is available.
         (6)  A statement of the status of any pending  suits
    or judgments in which the association is a party.
         (7)  A   statement   setting  forth  what  insurance
    coverage  is  provided  for  all  unit  owners   by   the
    association.
         (8)  A    statement   that   any   improvements   or
    alterations made to the unit, or any part of  the  common
    areas  assigned  thereto,  by the prior unit owner are in
    good  faith  believed  to  be  in  compliance  with   the
    declaration of the master association.
    The  principal officer of the unit owner's association or
such  other  officer  as  is  specifically  designated  shall
furnish the above information when  requested  to  do  so  in
writing, within 30 days of receiving the request.
    A  reasonable  fee covering the direct out-of-pocket cost
of copying and providing such information may be  charged  by
the  association or its board of directors to the unit seller
for providing the information.
    (h)  Errors and omissions.
         (1)  If  there  is  an  omission  or  error  in  the
    declaration   or   other   instrument   of   the   master
    association, the master association may correct the error
    or omission by an amendment to the declaration  or  other
    instrument, as may be required to conform it to this Act,
    to  any  other applicable statute, or to the declaration.
    The amendment shall be adopted by vote of  two-thirds  of
    the  members  of  the board of directors or by a majority
    vote of the unit owners at  a  meeting  called  for  that
    purpose,  unless the Act or the declaration of the master
    association specifically provides 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 areas or does not bear an appropriate share
    of  the common expenses, or if all of 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  areas 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 directors or a majority vote of the unit  owners
    at   a   meeting   called   for   that   purpose,   which
    proportionately  adjusts all percentage interests so that
    the total  is  equal  to  100%,  unless  the  declaration
    specifically   provides  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 areas,
    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  or other instrument is corrected by
    vote of  two-thirds  of  the  members  of  the  board  of
    directors   pursuant  to  the  authority  established  in
    subdivisions (h)(1) or (h)(2) of this Section, the board,
    upon written petition by unit  owners  with  20%  of  the
    votes  of  the  association or resolutions adopted by the
    board  of  managers  or  board  of   directors   of   the
    condominium  and  common  interest community associations
    which select 20% of the members of the board of directors
    of  the  master  association,  whichever  is  applicable,
    received within 30 days of the board action, shall call a
    meeting  of  the  unit  owners  or  the  boards  of   the
    condominium  and  common  interest community associations
    which select members of the board  of  directors  of  the
    master  association  within  30 days of the filing of the
    petition  or  receipt  of  the  condominium  and   common
    interest community association resolution 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, or  board  of  managers  or  board  of
    directors  of  condominium  and common interest community
    associations which select over 50% of the members of  the
    board  of  the master association adopt resolutions prior
    to the meeting rejecting  the  action  of  the  board  of
    directors  of  the  master  association,  it  is ratified
    whether or not a quorum is present.
         (4)  The procedures for amendments set forth in this
    subsection (h) 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   or   other  instruments  that  may  not  be
    corrected  by  an  amendment  procedure  set   forth   in
    subdivision  (h)(1)  or  (h)(2) of this Section, then the
    circuit  court  in  the  county  in  which   the   master
    association  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  declaration
    authorizing the developer to amend an instrument prior to
    the  latest  date on which the initial membership meeting
    of the unit owners must be held, whether or  not  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.
    (i)  The  provisions  of  subsections (c) through (h) are
applicable   to   all   declarations,    other    condominium
instruments,  and  other duly recorded covenants establishing
the powers and duties  of  the  master  association  recorded
under   this  Act.   Any  portion  of  a  declaration,  other
condominium  instrument,  or  other  duly  recorded  covenant
establishing the powers and duties of  a  master  association
which  contains  provisions  contrary  to  the  provisions of
subsection (c) through (h) shall be void  as  against  public
policy  and  ineffective.  Any declaration, other condominium
instrument, or other duly recorded covenant establishing  the
powers  and  duties  of the master association which fails to
contain the provisions required by  subsections  (c)  through
(h)  shall  be  deemed  to  incorporate  such  provisions  by
operation of law.
    (j)  The  provisions  of  subsections (c) through (h) are
applicable to all common interest community associations  and
their  unit owners for common interest community associations
which are subject to the provisions of Section 9-102(a)(8) of
the  Code  of  Civil  Procedure.   For   purposes   of   this
subsection,  the  terms "common interest community" and "unit
owners" shall have the same meaning as set forth  in  Section
9-102(c) of the Code of Civil Procedure.
(Source: P.A. 89-41, eff. 6-23-95; 90-229, eff. 7-25-97.)

    (765 ILCS 605/22) (from Ch. 30, par. 322)
    Sec.  22. Full disclosure before sale. In relation to the
initial sale or offering for sale of  any  condominium  unit,
the  seller  must make full disclosure of, and provide copies
to  the  prospective  buyer  of,  the  following  information
relative to the condominium project:
    (a)  the Declaration;
    (b)  the Bylaws of the association;
    (c)  a projected operating  budget  for  the  condominium
unit  to  be  sold  to  the prospective buyer, including full
details concerning the estimated  monthly  payments  for  the
condominium  unit,  estimated monthly charges for maintenance
or  management  of  the  condominium  property,  and  monthly
charges for the use of recreational facilities; and
    (d)  a floor plan of the apartment to be purchased by the
prospective buyer and the street address of the unit, if any,
and if the unit has no  unique  street  address,  the  street
address of the project.
    (e)  in   addition,   any   developer   of  a  conversion
condominium shall include the following information:
    (1)  A specific statement of the amount of any initial or
special condominium fee due from the purchaser on  or  before
settlement  of  the  purchase  contract and the basis of such
fee;
    (2)  Information,   if   available,   on    the    actual
expenditures  made on all repairs, maintenance, operation, or
upkeep of the subject building or buildings within the last 2
years, set forth tabularly with the proposed  budget  of  the
condominium and cumulatively, broken down on a per unit basis
in  proportion  to the relative voting strengths allocated to
the units by the bylaws.  If such building or buildings  have
not   been  occupied  for  a  period  of  3  years  then  the
information shall be set forth for the  last  2  year  period
such building or buildings have been occupied;
    (3)  A  description  of any provisions made in the budget
for reserves for capital expenditures and an  explanation  of
the  basis for such reserves, or, if no provision is made for
such reserves, a statement to that effect; and
    (4)  For developments of more than 6 units for which  the
notice  of  intent  to  convert is issued after the effective
date of this amendatory Act of  1979,  an  engineer's  report
furnished by the developer as to the present condition of all
structural  components and major utility installations in the
condominium, which statement shall  include  the  approximate
dates  of  construction,  installation, major repairs and the
expected  useful  life  of  such  items,  together  with  the
estimated cost (in current dollars) of replacing such  items;
and
    (5)  Any  release, warranty, certificate of insurance, or
surety required by Section 9.1.
    All of the information required by this Section which  is
available  at  the time shall be furnished to the prospective
buyer before execution of the contract for sale.  Thereafter,
no  changes  or  amendments  may  be made in any of the items
furnished to the prospective  buyer  which  would  materially
affect  the  rights  of  the  buyer  or the value of the unit
without obtaining the approval of at least 75% of the  buyers
then  owning  interest  in  the  condominium.  If  all of the
information is not available at the time of execution of  the
contract  for  sale,  then  the contract shall be voidable at
option of the buyer at any time up until  5  days  after  the
last  item  of  required  information  is  furnished  to  the
prospective   buyer,  or  until  the  closing  of  the  sale,
whichever is earlier. Failure on the part of  the  seller  to
make  full  disclosure  as  required  by  this  Section shall
entitle the buyer to rescind the contract  for  sale  at  any
time  before  the  closing  of  the contract and to receive a
refund of all deposit moneys paid with  interest  thereon  at
the rate then in effect for interest on judgments.
    A  sale  is  not an initial sale for the purposes of this
Section if there is not a bona fide transfer of the ownership
and possession of the condominium unit  for  the  purpose  of
occupancy  of  such  unit as the result of the sale or if the
sale was  entered  into  for  the  purpose  of  avoiding  the
requirements  of  this  Section.  The buyer in the first bona
fide sale of any condominium unit has the rights  granted  to
buyers  under  this  Section.   If the buyer in any sale of a
condominium unit asserts that such sale  is  the  first  bona
fide  sale of that unit, the seller has the burden of proving
that his interest was acquired through a bona fide sale.
(Source: P.A. 81-897.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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