Public Act 099-0627
 
SB2741 EnrolledLRB099 18958 HEP 43347 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 Common Interest Community Association  Act is 
amended  by changing Section 1-60 as follows:
 
    (765 ILCS 160/1-60)

    Sec. 1-60. Errors, and omissions, and inconsistencies. 
    (a) If a provision of the community instruments does not 
conform to this Act or to another applicable law because of an 
error, omission, or inconsistency in the community instruments 
of the association, the association may correct the error, 
omission, or inconsistency to conform the community 
instruments to this Act or to another applicable law by an 
amendment adopted by vote of two-thirds of the board of 
directors, without a membership vote.  A provision in the 
community instruments requiring members of record to vote to 
approve an amendment to the community instruments, or for the 
members of record to be given notice of an amendment to the 
community instruments, does not apply to an amendment that 
corrects an omission, error, or inconsistency to conform the 
community instruments to this Act or to another applicable law. 
there is an omission or error in the declaration or other 
instrument of the association, the 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 members 
at a meeting called for that purpose, unless the Act or the 
declaration of the association  specifically provides for 
greater percentages or different procedures.
    (b) 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 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 or a majority vote of 
the members 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 association or 
the liability for common expenses appertaining to the unit.




    (c) If a scrivener's error in the declaration or other 
instrument is corrected by vote of two-thirds of the members of 
the board pursuant to the authority established in subsection 
(a) or subsection (b), the board, upon written petition by 
members with 20% of the votes of the association received 
within 30 days of the board action, shall call a meeting of the 
members within 30 days of the filing of the petition to 
consider the board action. Unless a majority of the votes of 
the members of the association are cast at the meeting to 
reject the action, it is ratified whether or not a quorum is 
present.






    (d) 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 members 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 Department of  Veterans Affairs, or their 
respective successors and assigns.





(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; 
97-1090, eff. 8-24-12.)