Full Text of SB0764 94th General Assembly
SB0764eng 94TH GENERAL ASSEMBLY
|
|
|
SB0764 Engrossed |
|
LRB094 09375 LCB 39620 b |
|
| 1 |
| AN ACT concerning property.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Condominium Property Act is amended by | 5 |
| changing Sections 9.2 and 18.5 as follows:
| 6 |
| (765 ILCS 605/9.2) (from Ch. 30, par. 309.2)
| 7 |
| Sec. 9.2. Other remedies.
| 8 |
| (a) In the event of any default by any unit owner,
his | 9 |
| tenant, invitee or guest in the performance of his obligations | 10 |
| under this
Act or under the declaration, bylaws, or the rules | 11 |
| and regulations of the board
of managers, the board of managers | 12 |
| or its agents shall have such rights and
remedies as provided | 13 |
| in the Act or condominium instruments including the right
to | 14 |
| maintain an action for possession against such defaulting unit | 15 |
| owner or his
tenant for the benefit of all the other unit | 16 |
| owners in the manner prescribed by
Article IX of the Code of | 17 |
| Civil Procedure.
| 18 |
| (b) Any attorneys' fees incurred by the Association arising | 19 |
| out of a
default by any unit owner, his tenant, invitee or | 20 |
| guest in the performance of
any of the provisions of the | 21 |
| condominium instruments, rules and regulations or
any | 22 |
| applicable statute or ordinance shall be added to, and deemed a | 23 |
| part of,
his respective share of the common expense.
| 24 |
| (c) No management fees pertaining to the collection of a | 25 |
| unit owner's financial obligation to the Association, | 26 |
| including fees charged by a manager or managing agent, shall be | 27 |
| added to and deemed a part of an owner's respective share of | 28 |
| the common expenses.
| 29 |
| (Source: P.A. 88-417.)
| 30 |
| (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
| 31 |
| Sec. 18.5. Master Associations.
|
|
|
|
SB0764 Engrossed |
- 2 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| (a) If the declaration, other condominium instrument, or | 2 |
| other duly
recorded covenants provide that any of the powers of | 3 |
| the unit owners
associations are to be exercised by or may be | 4 |
| delegated to a nonprofit
corporation or unincorporated | 5 |
| association that exercises
those or other powers on behalf of | 6 |
| one or more condominiums, or for the
benefit of the unit owners | 7 |
| of one or more condominiums, such
corporation or association | 8 |
| shall be a master association.
| 9 |
| (b) There shall be included in the declaration, other
| 10 |
| condominium instruments, or other duly recorded covenants | 11 |
| establishing
the powers and duties of the master association | 12 |
| the provisions set forth in
subsections (c) through (h).
| 13 |
| In interpreting subsections (c) through (h), the courts | 14 |
| should
interpret these provisions so that they are interpreted | 15 |
| consistently with
the similar parallel provisions found in | 16 |
| other parts of this Act.
| 17 |
| (c) Meetings and finances.
| 18 |
| (1) Each unit owner of a condominium subject to the | 19 |
| authority of
the board of the master association shall | 20 |
| receive, at least 30 days prior
to the adoption thereof by | 21 |
| the board of the master association, a copy of
the proposed | 22 |
| annual budget.
| 23 |
| (2) The board of the master association shall annually | 24 |
| supply to
all unit owners of condominiums subject to the | 25 |
| authority of the board
of the master association an | 26 |
| itemized accounting of the common
expenses for the | 27 |
| preceding year actually incurred or paid, together with a
| 28 |
| tabulation of the amounts collected pursuant to the budget | 29 |
| or assessment,
and showing the net excess or deficit of | 30 |
| income over expenditures plus
reserves.
| 31 |
| (3) Each unit owner of a condominium subject to the | 32 |
| authority of
the board of the master association shall | 33 |
| receive written notice mailed
or delivered no less than 10 | 34 |
| and no more than 30 days prior to any meeting
of the board | 35 |
| of the master association concerning the adoption of the | 36 |
| proposed
annual budget or any increase in the budget, or |
|
|
|
SB0764 Engrossed |
- 3 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| establishment of an
assessment.
| 2 |
| (4) Meetings of the board of the master association | 3 |
| shall be open
to any unit owner in a condominium subject to | 4 |
| the authority of the board
of the master association, | 5 |
| except for the portion of any meeting held:
| 6 |
| (A) to discuss litigation when an action against or | 7 |
| on behalf of the
particular master association has been | 8 |
| filed and is pending in a court or
administrative | 9 |
| tribunal, or when the board of the master association | 10 |
| finds
that such an action is probable or imminent,
| 11 |
| (B) to consider information regarding appointment, | 12 |
| employment or
dismissal of an employee, or
| 13 |
| (C) to discuss violations of rules and regulations | 14 |
| of the master
association or unpaid common expenses | 15 |
| owed to the master association.
| 16 |
| Any vote on these matters shall be taken at a meeting or | 17 |
| portion thereof
open to any unit owner of a condominium | 18 |
| subject to the authority of the
master association.
| 19 |
| Any unit owner may record the proceedings at meetings | 20 |
| required
to be open by this Act by tape, film or other | 21 |
| means; the board may
prescribe reasonable rules and | 22 |
| regulations to govern the right to make such
recordings. | 23 |
| Notice of meetings shall be mailed or delivered at least 48
| 24 |
| hours prior thereto, unless a written waiver of such notice | 25 |
| is signed by
the persons entitled to notice before the | 26 |
| meeting is convened. Copies of
notices of meetings of the | 27 |
| board of the master association shall be posted
in | 28 |
| entranceways, elevators, or other conspicuous places in | 29 |
| the condominium
at least 48 hours prior to the meeting of | 30 |
| the board of the master
association. Where there is no | 31 |
| common entranceway for 7 or more units, the
board of the | 32 |
| master association may designate one or more locations in | 33 |
| the
proximity of these units where the notices of meetings | 34 |
| shall be posted.
| 35 |
| (5) If the declaration provides for election by unit | 36 |
| owners of members
of the board of directors in the event of |
|
|
|
SB0764 Engrossed |
- 4 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| a resale of a unit in the master
association, the purchaser | 2 |
| of a unit from a seller other than the developer
pursuant | 3 |
| to an installment contract for purchase shall, during such
| 4 |
| times as he or she resides in the unit, be counted toward a | 5 |
| quorum for
purposes of election of members of the board of | 6 |
| directors at any
meeting of the unit owners called for | 7 |
| purposes of electing members of the
board, and shall have | 8 |
| the right to vote for the election of members of
the board | 9 |
| of directors and to be elected to and serve on the board of
| 10 |
| directors unless the seller expressly retains in writing
| 11 |
| any or all of those rights. In no event may the seller and
| 12 |
| purchaser both be counted toward a quorum, be permitted to | 13 |
| vote for a
particular office, or be elected and serve on | 14 |
| the board. Satisfactory
evidence of the installment | 15 |
| contract shall be made available to the
association or its | 16 |
| agents. For purposes of this subsection, "installment
| 17 |
| contract" shall have the same meaning as set forth in | 18 |
| subsection (e) of
Section 1 of the Dwelling Unit | 19 |
| Installment Contract Act.
| 20 |
| (6) The board of the master association shall have the | 21 |
| authority to
establish and maintain a system of master | 22 |
| metering of public utility
services and to collect payments | 23 |
| in connection therewith, subject to the
requirements of the | 24 |
| Tenant Utility Payment Disclosure Act.
| 25 |
| (7) The board of the master association or a common | 26 |
| interest community
association shall have the power, after | 27 |
| notice and an opportunity to be heard,
to levy and collect | 28 |
| reasonable fines from members for violations of the
| 29 |
| declaration, bylaws, and rules and regulations of the | 30 |
| master association or
the common interest community | 31 |
| association. Nothing contained in this
subdivision (7) | 32 |
| shall give rise to a statutory lien for unpaid fines.
| 33 |
| (8) No management fees pertaining to the collection of | 34 |
| a unit owner's financial obligation to the Association, | 35 |
| including fees charged by a manager or managing agent, | 36 |
| shall be added to and deemed a part of an owner's |
|
|
|
SB0764 Engrossed |
- 5 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| respective share of the common expenses.
| 2 |
| (d) Records.
| 3 |
| (1) The board of the master association shall maintain | 4 |
| the following
records of the association and make them | 5 |
| available for examination and
copying at convenient hours | 6 |
| of weekdays by any unit owners in a condominium
subject to | 7 |
| the authority of the board or their mortgagees and their | 8 |
| duly
authorized agents or attorneys:
| 9 |
| (i) Copies of the recorded declaration, other | 10 |
| condominium instruments,
other duly recorded covenants | 11 |
| and bylaws and any amendments, articles of
| 12 |
| incorporation of the master association, annual | 13 |
| reports and any rules and
regulations adopted by the | 14 |
| master association or its board shall
be available. | 15 |
| Prior to the organization of the master association, | 16 |
| the
developer shall maintain and make available the | 17 |
| records set forth in this
subdivision (d)(1) for | 18 |
| examination and copying.
| 19 |
| (ii) Detailed and accurate records in | 20 |
| chronological order of the
receipts and expenditures | 21 |
| affecting the common areas, specifying and
itemizing | 22 |
| the maintenance and repair expenses of the common areas | 23 |
| and any
other expenses incurred, and copies of all | 24 |
| contracts, leases, or other
agreements entered into by | 25 |
| the master association, shall be maintained.
| 26 |
| (iii) The minutes of all meetings of the master | 27 |
| association and the
board of the master association | 28 |
| shall be maintained for not less than 7 years.
| 29 |
| (iv) Ballots and proxies related thereto, if any, | 30 |
| for any election
held for the board of the master | 31 |
| association and for any other matters
voted on by the | 32 |
| unit owners shall be maintained for
not less than one | 33 |
| year.
| 34 |
| (v) Such other records of the master association as | 35 |
| are available
for inspection by members of a | 36 |
| not-for-profit corporation pursuant to
Section 107.75 |
|
|
|
SB0764 Engrossed |
- 6 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| of the General Not For Profit Corporation Act of 1986 | 2 |
| shall
be maintained.
| 3 |
| (vi) With respect to units owned by a land trust, | 4 |
| if a trustee
designates in writing a person to cast | 5 |
| votes on behalf of the unit
owner, the designation | 6 |
| shall remain in effect until a subsequent document
is | 7 |
| filed with the association.
| 8 |
| (2) Where a request for records under this subsection | 9 |
| is made in writing
to the board of managers or its agent, | 10 |
| failure to provide the requested
record or to respond | 11 |
| within 30 days shall be deemed a denial by the board
of | 12 |
| directors.
| 13 |
| (3) A reasonable fee may be charged by the master | 14 |
| association or its
board for the cost of copying.
| 15 |
| (4) If the board of directors fails to provide records | 16 |
| properly
requested under subdivision (d)(1) within the
| 17 |
| time period provided in subdivision (d)(2), the
unit owner | 18 |
| may seek appropriate relief, including an award of
| 19 |
| attorney's fees and costs.
| 20 |
| (e) The board of directors shall have standing and capacity | 21 |
| to act in
a representative capacity in relation to matters | 22 |
| involving the common areas
of the master association or more | 23 |
| than one unit, on behalf of the unit
owners as their interests | 24 |
| may appear.
| 25 |
| (f) Administration of property prior to election of the | 26 |
| initial board
of directors.
| 27 |
| (1) Until the election, by the unit owners or the | 28 |
| boards of
managers of the underlying condominium | 29 |
| associations, of the initial board
of directors of a master | 30 |
| association whose declaration is recorded on
or after | 31 |
| August 10, 1990, the same rights, titles, powers, | 32 |
| privileges,
trusts, duties and obligations that are vested | 33 |
| in or imposed upon the board
of directors by this Act or in | 34 |
| the declaration or other duly recorded
covenant shall be | 35 |
| held and performed by the developer.
| 36 |
| (2) The election of the initial board of directors of a |
|
|
|
SB0764 Engrossed |
- 7 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| master
association whose declaration is recorded on or | 2 |
| after August 10, 1990, by
the unit owners or the boards of | 3 |
| managers of the underlying condominium
associations, shall | 4 |
| be held not later than 60 days after the conveyance by
the | 5 |
| developer of 75% of the units, or 3 years after the | 6 |
| recording of the
declaration, whichever is earlier. The | 7 |
| developer shall give at least 21
days notice of the meeting | 8 |
| to elect the initial board of directors and
shall upon | 9 |
| request provide to any unit owner, within 3 working days of | 10 |
| the
request, the names, addresses, and weighted vote of | 11 |
| each unit owner entitled to vote at the
meeting. Any unit | 12 |
| owner shall upon receipt of the request be provided with
| 13 |
| the same
information, within 10 days of the request, with | 14 |
| respect to
each
subsequent meeting to elect members of the | 15 |
| board of directors.
| 16 |
| (3) If the initial board of directors of a master | 17 |
| association
whose declaration is recorded on or after | 18 |
| August 10, 1990 is not elected by
the unit owners or the | 19 |
| members of the underlying condominium association
board of | 20 |
| managers at the time established in subdivision (f)(2), the
| 21 |
| developer shall continue in office for a period of 30 days, | 22 |
| whereupon
written notice of his resignation shall be sent | 23 |
| to all of the unit owners
or members of the underlying | 24 |
| condominium board of managers entitled to vote
at an | 25 |
| election for members of the board of directors.
| 26 |
| (4) Within 60 days following the election of a majority | 27 |
| of the board
of directors, other than the developer, by | 28 |
| unit owners, the developer shall
deliver to the board of | 29 |
| directors:
| 30 |
| (i) All original documents as recorded or filed | 31 |
| pertaining to the
property, its administration, and | 32 |
| the association, such as the declaration,
articles of | 33 |
| incorporation, other instruments, annual reports, | 34 |
| minutes,
rules and regulations, and contracts, leases, | 35 |
| or other
agreements entered into by the association. If | 36 |
| any original documents are
unavailable, a copy may be |
|
|
|
SB0764 Engrossed |
- 8 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| provided if certified by affidavit of the
developer, or | 2 |
| an officer or agent of the developer, as being a | 3 |
| complete
copy of the actual document recorded or filed.
| 4 |
| (ii) A detailed accounting by the developer, | 5 |
| setting forth the
source and nature of receipts and | 6 |
| expenditures in connection with the
management, | 7 |
| maintenance and operation of the property, copies
of | 8 |
| all insurance policies, and a list of any loans or | 9 |
| advances to the
association which are outstanding.
| 10 |
| (iii) Association funds, which shall have been at | 11 |
| all times
segregated from any other moneys of the | 12 |
| developer.
| 13 |
| (iv) A schedule of all real or personal property, | 14 |
| equipment and
fixtures belonging to the association, | 15 |
| including documents transferring the
property, | 16 |
| warranties, if any, for all real and personal property | 17 |
| and
equipment, deeds, title insurance policies, and | 18 |
| all tax bills.
| 19 |
| (v) A list of all litigation, administrative | 20 |
| action and arbitrations
involving the association, any | 21 |
| notices of governmental bodies involving
actions taken | 22 |
| or which may be taken concerning the association, | 23 |
| engineering and
architectural drawings and | 24 |
| specifications as approved by any governmental
| 25 |
| authority, all other documents filed with any other | 26 |
| governmental authority,
all governmental certificates, | 27 |
| correspondence involving enforcement of any
| 28 |
| association requirements, copies of any documents | 29 |
| relating to disputes
involving unit owners, and | 30 |
| originals of all documents relating to
everything | 31 |
| listed in this subparagraph.
| 32 |
| (vi) If the developer fails to fully comply with | 33 |
| this paragraph (4)
within
the 60 days
provided and | 34 |
| fails to fully comply within 10 days of written demand | 35 |
| mailed by
registered
or certified mail to his or her | 36 |
| last known address, the board may bring an
action to
|
|
|
|
SB0764 Engrossed |
- 9 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| compel compliance with this paragraph (4).
If the court | 2 |
| finds that any of the
required
deliveries were not made | 3 |
| within the required period, the board shall be
entitled | 4 |
| to recover
its reasonable attorneys' fees and costs | 5 |
| incurred from and after the date of
expiration of
the | 6 |
| 10 day demand.
| 7 |
| (5) With respect to any master association whose | 8 |
| declaration is
recorded on or after August 10, 1990, any | 9 |
| contract, lease, or other
agreement made prior to the | 10 |
| election of a majority of the board of
directors other than | 11 |
| the developer by or on behalf of unit owners or
underlying | 12 |
| condominium associations, the association or the board of
| 13 |
| directors, which extends for a period of more than 2 years | 14 |
| from the
recording of the declaration, shall be subject to | 15 |
| cancellation by more than
1/2 of the votes of the unit | 16 |
| owners, other than the developer, cast at a
special meeting | 17 |
| of members called for that purpose during a period of 90
| 18 |
| days prior to the expiration of the 2 year period if the | 19 |
| board of managers
is elected by the unit owners, otherwise | 20 |
| by more than 1/2 of the underlying
condominium board of | 21 |
| managers. At least 60 days prior to the expiration of
the 2 | 22 |
| year period, the board of directors, or, if the board is | 23 |
| still under
developer control, then the board of managers | 24 |
| or the developer shall send
notice to every unit owner or | 25 |
| underlying condominium board of managers,
notifying them | 26 |
| of this provision, of what contracts, leases and other
| 27 |
| agreements are affected, and of the procedure for calling a | 28 |
| meeting of the
unit owners or for action by the underlying | 29 |
| condominium board of managers
for the purpose of acting to | 30 |
| terminate such contracts, leases or other
agreements. | 31 |
| During the 90 day period the other party to the contract,
| 32 |
| lease, or other agreement shall also have the right of | 33 |
| cancellation.
| 34 |
| (6) The statute of limitations for any actions in law | 35 |
| or equity which
the master association may bring shall not | 36 |
| begin to run until the unit
owners or underlying |
|
|
|
SB0764 Engrossed |
- 10 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| condominium board of managers have elected a majority
of | 2 |
| the members of the board of directors.
| 3 |
| (g) In the event of any resale of a unit in a master | 4 |
| association by a unit
owner other than the developer, the owner | 5 |
| shall obtain from
the board of directors and shall make | 6 |
| available for inspection to the
prospective purchaser, upon | 7 |
| demand, the following:
| 8 |
| (1) A copy of the declaration, other instruments and | 9 |
| any rules and
regulations.
| 10 |
| (2) A statement of any liens, including a statement of | 11 |
| the account of
the unit setting forth the amounts of unpaid | 12 |
| assessments and other charges
due and owing.
| 13 |
| (3) A statement of any capital expenditures | 14 |
| anticipated by the
association within the current or | 15 |
| succeeding 2 fiscal years.
| 16 |
| (4) A statement of the status and amount of any reserve | 17 |
| for
replacement fund and any portion of such fund earmarked | 18 |
| for any specified
project by the board of directors.
| 19 |
| (5) A copy of the statement of financial condition of | 20 |
| the association
for the last fiscal year for which such a | 21 |
| statement is available.
| 22 |
| (6) A statement of the status of any pending suits or | 23 |
| judgments in which
the association is a party.
| 24 |
| (7) A statement setting forth what insurance coverage | 25 |
| is provided for
all unit owners by the association.
| 26 |
| (8) A statement that any improvements or alterations | 27 |
| made to the unit,
or any part of the common areas assigned | 28 |
| thereto, by the prior unit owner
are in good faith believed | 29 |
| to be in compliance with the declaration of the
master | 30 |
| association.
| 31 |
| The principal officer of the unit owner's association or | 32 |
| such
other officer as is specifically designated shall furnish | 33 |
| the above
information when requested to do so in writing, | 34 |
| within
30 days of receiving the request.
| 35 |
| A reasonable fee covering the direct out-of-pocket cost of | 36 |
| copying
and providing such information may be charged
by the |
|
|
|
SB0764 Engrossed |
- 11 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| association or its board of directors to the unit
seller for | 2 |
| providing the information.
| 3 |
| (h) Errors and omissions.
| 4 |
| (1) If there is an omission or error in the declaration | 5 |
| or other
instrument of the master association, the master | 6 |
| association may correct
the error or omission by an | 7 |
| amendment to the declaration or other
instrument, as may be | 8 |
| required to conform it to this Act, to any other
applicable | 9 |
| statute, or to the declaration. The amendment shall be | 10 |
| adopted
by vote of two-thirds of the members of the board | 11 |
| of directors or by a
majority vote of the unit owners at a | 12 |
| meeting called for that purpose,
unless the Act or the | 13 |
| declaration of the master association specifically
| 14 |
| provides for greater percentages or different procedures.
| 15 |
| (2) If, through a scrivener's error, a unit has not | 16 |
| been
designated as owning an appropriate undivided share of | 17 |
| the common areas
or does not bear an appropriate share of | 18 |
| the common expenses, or if
all of the common expenses or | 19 |
| all of the common elements in
the condominium have not been | 20 |
| distributed in the declaration, so that the
sum total of | 21 |
| the shares of common areas which have been distributed or | 22 |
| the
sum total of the shares of the common expenses fail to | 23 |
| equal 100%, or if it
appears that more than 100% of the | 24 |
| common elements or common expenses have
been distributed, | 25 |
| the error may be corrected by operation of law by filing
an | 26 |
| amendment to the declaration, approved by vote of | 27 |
| two-thirds of the
members of the board of directors or a | 28 |
| majority vote of the unit owners at
a meeting called for | 29 |
| that purpose, which proportionately
adjusts all percentage | 30 |
| interests so that the total is equal to 100%,
unless the | 31 |
| declaration specifically provides for a different | 32 |
| procedure or
different percentage vote by the owners of the | 33 |
| units and the owners of
mortgages thereon affected by | 34 |
| modification being made in the undivided
interest in the | 35 |
| common areas, the number of votes in the unit owners
| 36 |
| association or the liability for common expenses |
|
|
|
SB0764 Engrossed |
- 12 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| appertaining to the unit.
| 2 |
| (3) If an omission or error or a scrivener's error in | 3 |
| the
declaration or other instrument is corrected by vote of | 4 |
| two-thirds of
the members of the board of directors | 5 |
| pursuant to the authority established
in subdivisions | 6 |
| (h)(1) or (h)(2) of this Section, the board, upon
written | 7 |
| petition by unit owners with 20% of the votes of the | 8 |
| association or
resolutions adopted by the board of managers | 9 |
| or board of directors of the
condominium and common | 10 |
| interest community associations which select 20% of
the | 11 |
| members of the board of directors of the master | 12 |
| association, whichever
is applicable, received within 30 | 13 |
| days of the board action, shall call a
meeting of the unit | 14 |
| owners or the boards of the condominium and common
interest | 15 |
| community associations which select members of the board of
| 16 |
| directors of the master association within 30 days of the | 17 |
| filing of the
petition or receipt of the condominium and | 18 |
| common interest community
association resolution to | 19 |
| consider the board action. Unless a majority of
the votes | 20 |
| of the unit owners of the association are cast at the | 21 |
| meeting to
reject the action, or board of managers or board | 22 |
| of directors of
condominium and common interest community | 23 |
| associations which select over
50% of the members of the | 24 |
| board of the master association adopt resolutions
prior to | 25 |
| the meeting rejecting the action of the board of directors | 26 |
| of the
master association, it is ratified whether or not a | 27 |
| quorum is present.
| 28 |
| (4) The procedures for amendments set forth in this | 29 |
| subsection (h)
cannot be used if such an amendment would | 30 |
| materially or adversely affect
property rights of the unit | 31 |
| owners unless the affected unit owners consent
in writing. | 32 |
| This Section does not restrict the powers of the | 33 |
| association
to otherwise amend the declaration, bylaws, or | 34 |
| other condominium
instruments, but authorizes a simple | 35 |
| process of amendment requiring a
lesser vote for the | 36 |
| purpose of correcting defects, errors, or omissions
when |
|
|
|
SB0764 Engrossed |
- 13 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| the property rights of the unit owners are not materially | 2 |
| or adversely
affected.
| 3 |
| (5) If there is an omission or error in the declaration | 4 |
| or other
instruments that may not be corrected by an | 5 |
| amendment procedure
set forth in subdivision (h)(1) or | 6 |
| (h)(2) of this Section, then
the circuit court in the | 7 |
| county in which the master
association is located shall | 8 |
| have jurisdiction to hear a petition of one or
more of the | 9 |
| unit owners thereon or of the association, to correct the | 10 |
| error
or omission, and the action may be a class action. | 11 |
| The court may require
that one or more methods of | 12 |
| correcting the error or omission be submitted
to the unit | 13 |
| owners to determine the most acceptable correction. All | 14 |
| unit
owners in the association must be joined as parties to | 15 |
| the action. Service
of process on owners may be by | 16 |
| publication, but the plaintiff shall furnish
all unit | 17 |
| owners not personally served with process with copies of | 18 |
| the
petition and final judgment of the court by certified | 19 |
| mail, return receipt
requested, at their last known | 20 |
| address.
| 21 |
| (6) Nothing contained in this Section shall be | 22 |
| construed to invalidate
any provision of a declaration | 23 |
| authorizing the developer to amend
an instrument prior to | 24 |
| the latest date on which the initial
membership meeting of | 25 |
| the unit owners must be held, whether or not it has
| 26 |
| actually been held, to bring the instrument into compliance | 27 |
| with the legal
requirements of the Federal National | 28 |
| Mortgage Association, the Federal Home
Loan Mortgage | 29 |
| Corporation, the Federal Housing Administration, the | 30 |
| United
States Veterans Administration or their respective | 31 |
| successors and assigns.
| 32 |
| (i) The provisions of subsections (c) through (h) are | 33 |
| applicable
to all declarations, other condominium instruments, | 34 |
| and other
duly recorded covenants establishing the powers and | 35 |
| duties of the master
association recorded under this Act. Any | 36 |
| portion of a declaration,
other condominium instrument, or |
|
|
|
SB0764 Engrossed |
- 14 - |
LRB094 09375 LCB 39620 b |
|
| 1 |
| other duly recorded covenant establishing
the powers and duties | 2 |
| of a master association which contains provisions
contrary to | 3 |
| the provisions of subsection (c) through (h) shall be void as
| 4 |
| against public policy and ineffective. Any declaration, other | 5 |
| condominium
instrument, or other duly recorded covenant | 6 |
| establishing the powers and
duties of the master association | 7 |
| which fails to contain the provisions
required by subsections | 8 |
| (c) through (h) shall be deemed to incorporate such
provisions | 9 |
| by operation of law.
| 10 |
| (j) The provisions of subsections (c) through (h) are | 11 |
| applicable to
all common interest community associations and | 12 |
| their unit owners for common
interest community associations | 13 |
| which are subject to the provisions of Section
9-102(a)(8) of | 14 |
| the Code of Civil Procedure. For purposes of this
subsection, | 15 |
| the terms "common interest community" and "unit owners"
shall | 16 |
| have the same meaning as set forth in Section 9-102(c) of the | 17 |
| Code of
Civil Procedure.
| 18 |
| (Source: P.A. 90-229, eff. 7-25-97; 91-616, eff. 8-19-99.)
|
|