99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4596

 

Introduced , by Rep. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-20

    Amends the Common Interest Community Association Act. Makes a technical change in a Section concerning amendments to the declaration, bylaws, or operating agreement.


LRB099 16665 HEP 41003 b

 

 

A BILL FOR

 

HB4596LRB099 16665 HEP 41003 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act is
5amended by changing Section 1-20 as follows:
 
6    (765 ILCS 160/1-20)
7    Sec. 1-20. Amendments to the declaration, bylaws, or
8operating agreement.
9    (a) The administration of every property shall be governed
10by the the declaration and bylaws or operating agreement, which
11may either be embodied in the declaration or in a separate
12instrument, a true copy of which shall be appended to and
13recorded with the declaration. No modification or amendment of
14the declaration, bylaws, or operating agreement shall be valid
15unless the same is set forth in an amendment thereof and such
16amendment is duly recorded. An amendment of the declaration,
17bylaws, or operating agreement shall be deemed effective upon
18recordation, unless the amendment sets forth a different
19effective date.
20    (b) Unless otherwise provided by this Act, amendments to
21community instruments authorized to be recorded shall be
22executed and recorded by the president of the board or such
23other officer authorized by the common interest community

 

 

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1association or the community instruments.
2    (c) If an association that currently permits leasing amends
3its declaration, bylaws, or rules and regulations to prohibit
4leasing, nothing in this Act or the declarations, bylaws, rules
5and regulations of an association shall prohibit a unit owner
6incorporated under 26 USC 501(c)(3) which is leasing a unit at
7the time of the prohibition from continuing to do so until such
8time that the unit owner voluntarily sells the unit; and no
9special fine, fee, dues, or penalty shall be assessed against
10the unit owner for leasing its unit.
11    (d) No action to incorporate a common interest community as
12a municipality shall commence until an instrument agreeing to
13incorporation has been signed by two-thirds of the members.
14(Source: P.A. 99-41, eff. 7-14-15.)