Illinois General Assembly - Full Text of SB1606
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Full Text of SB1606  98th General Assembly



SB1606 EnrolledLRB098 10392 HEP 40582 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 Condominium Property Act is amended by
5changing Section 27 as follows:
6    (765 ILCS 605/27)  (from Ch. 30, par. 327)
7    Sec. 27. (a) If there is any unit owner other than the
8developer, and unless otherwise provided in this Act, the
9condominium instruments shall be amended only as follows:
10        (i) upon the affirmative vote of 2/3 of those voting or
11    upon the majority specified by the condominium
12    instruments, provided that in no event shall the
13    condominium instruments require more than a three-quarters
14    vote of all unit owners; and
15        (ii) with the approval of any mortgagees required under
16    the provisions of the condominium instruments.
17Except in cases where this Act provides different methods of
18amendment or with respect to property whose declaration is
19recorded on or after July 1, 1984, no condominium instrument
20shall require more than a three-quarters vote of unit owners to
21amend the bylaws. Except to the extent authorized by other
22provisions of this Act, no amendment to the condominium
23instrument shall change the boundaries of any unit or the



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1undivided interest in the common elements, the number of votes
2in the unit owners' association, or the liability for common
3expenses appertaining to a unit.
4    (b)(1) If there is an omission or error in the declaration,
5bylaws or other condominium instrument, the association may
6correct the error or omission by an amendment to the
7declaration, bylaws, or other condominium instrument in such
8respects as may be required to conform to this Act, and any
9other applicable statute or to the declaration by vote of
10two-thirds of the members of the Board of Managers or by a
11majority vote of the unit owners at a meeting called for this
12purpose, unless the Act or the condominium instruments
13specifically provide for greater percentages or different
15    (2) If through a scrivener's error, a unit has not been
16designated as owning an appropriate undivided share of the
17common elements or does not bear an appropriate share of the
18common expenses or that all the common expenses or all of the
19common elements in the condominium have not been distributed in
20the declaration, so that the sum total of the shares of common
21elements which have been distributed or the sum total of the
22shares of the common expenses fail to equal 100%, or if it
23appears that more than 100% of the common elements or common
24expenses have been distributed, the error may be corrected by
25operation of law by filing an amendment to the declaration
26approved by vote of two-thirds of the members of the Board of



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1Managers or a majority vote of the unit owners at a meeting
2called for this purpose which proportionately adjusts all
3percentage interests so that the total is equal to 100% unless
4the condominium instruments specifically provide for a
5different procedure or different percentage vote by the owners
6of the units and the owners of mortgages thereon affected by
7modification being made in the undivided interest in the common
8elements, the number of votes in the unit owners association or
9the liability for common expenses appertaining to the unit.
10    (3) If an omission or error or a scrivener's error in the
11declaration, bylaws or other condominium instrument is
12corrected by vote of two-thirds of the members of the Board of
13Managers pursuant to the authority established in subsections
14(b)(1) or (b)(2) of Section 27 of this Act, the Board upon
15written petition by unit owners with 20 percent of the votes of
16the association filed within 30 days of the Board action shall
17call a meeting of the unit owners within 30 days of the filing
18of the petition to consider the Board action. Unless a majority
19of the votes of the unit owners of the association are cast at
20the meeting to reject the action, it is ratified whether or not
21a quorum is present.
22    (4) The procedures for amendments set forth in this
23subsection (b) cannot be used if such an amendment would
24materially or adversely affect property rights of the unit
25owners unless the affected unit owners consent in writing. This
26Section does not restrict the powers of the association to



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1otherwise amend the declaration, bylaws, or other condominium
2instruments, but authorizes a simple process of amendment
3requiring a lesser vote for the purpose of correcting defects,
4errors, or omissions when the property rights of the unit
5owners are not materially or adversely affected.
6    (5) If there is an omission or error in the declaration,
7bylaws, or other condominium instruments, which may not be
8corrected by an amendment procedure set forth in paragraphs (1)
9and (2) of subsection (b) of Section 27 in the declaration then
10the Circuit Court in the County in which the condominium is
11located shall have jurisdiction to hear a petition of one or
12more of the unit owners thereon or of the association, to
13correct the error or omission, and the action may be a class
14action. The court may require that one or more methods of
15correcting the error or omission be submitted to the unit
16owners to determine the most acceptable correction. All unit
17owners in the association must be joined as parties to the
18action. Service of process on owners may be by publication, but
19the plaintiff shall furnish all unit owners not personally
20served with process with copies of the petition and final
21judgment of the court by certified mail return receipt
22requested, at their last known address.
23    (6) Nothing contained in this Section shall be construed to
24invalidate any provision of a condominium instrument
25authorizing the developer to amend a condominium instrument
26prior to the latest date on which the initial membership



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1meeting of the unit owners must be held, whether or nor it has
2actually been held, to bring the instrument into compliance
3with the legal requirements of the Federal National Mortgage
4Association, the Federal Home Loan Mortgage Corporation, the
5Federal Housing Administration, the United States Veterans
6Administration or their respective successors and assigns.
7(Source: P.A. 94-886, eff. 6-20-06.)