99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2358
 
Introduced 1/28/2016, by Sen. John G. Mulroe
 
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.



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A BILL FOR
 


SB2358LRB099 16667 HEP 41005 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.)