Full Text of HB2643 99th General Assembly
HB2643eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 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 Section 27 as follows:
| 6 | | (765 ILCS 605/27) (from Ch. 30, par. 327)
| 7 | | Sec. 27. Amendments. | 8 | | (a) If there is any unit owner other than the developer, | 9 | | and unless otherwise provided in this Act,
the condominium | 10 | | instruments shall be amended only as follows: | 11 | | (i) upon the
affirmative vote of 2/3 of those voting or | 12 | | upon the majority
specified by the condominium | 13 | | instruments, provided that in no event shall the | 14 | | condominium instruments require more than a three-quarters | 15 | | vote of all unit owners; and
| 16 | | (ii) with the
approval of , or notice to, any mortgagees | 17 | | or other lienholders of record, if required under the | 18 | | provisions of
the condominium instruments.
| 19 | | (b)(1) If there is an omission , error, or inconsistency in | 20 | | a condominium instrument, such that a provision of a | 21 | | condominium instrument does not conform to this Act or to | 22 | | another applicable statute, the association may correct the | 23 | | omission, error, or inconsistency to conform the condominium |
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| 1 | | instrument to this Act or to another applicable statute by an | 2 | | amendment adopted by vote of two-thirds of the Board of | 3 | | Managers, without a unit owner vote. A provision in a | 4 | | condominium instrument requiring or allowing unit owners, | 5 | | mortgagees, or other lienholders of record to vote to approve | 6 | | an amendment to a condominium instrument, or for the mortgagees | 7 | | or other lienholders of record to be given notice of an | 8 | | amendment to a condominium instrument, is not applicable to an | 9 | | amendment to the extent that the amendment corrects an | 10 | | omission, error, or inconsistency to conform the condominium | 11 | | instrument to this Act or to another applicable statute or | 12 | | error in the declaration, bylaws
or other condominium | 13 | | instrument, the association may correct the error or
omission | 14 | | by an amendment to the declaration, bylaws, or other | 15 | | condominium
instrument in such respects as may be required to | 16 | | conform to this Act, and
any other applicable statute or to the | 17 | | declaration by vote of two-thirds
of the members of the Board | 18 | | of Managers or by a majority vote of the unit
owners at a | 19 | | meeting called for this purpose, unless the Act or the
| 20 | | condominium instruments specifically provide for greater | 21 | | percentages or
different procedures .
| 22 | | (2) If through a scrivener's error, a unit has not been
| 23 | | designated as owning an appropriate undivided share of the | 24 | | common elements
or does not bear an appropriate share of the | 25 | | common expenses or that all
the common expenses or all of the | 26 | | common elements in the condominium have
not been distributed in |
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| 1 | | the declaration, so that the sum total of the shares
of common | 2 | | elements which have been distributed or the sum total of the | 3 | | shares
of the common expenses fail to equal 100%, or if it | 4 | | appears that more than
100% of the common elements or common | 5 | | expenses have been distributed, the
error may be corrected by | 6 | | operation of law by filing an amendment to the
declaration | 7 | | approved by vote of two-thirds of the members of the Board
of | 8 | | Managers or a majority vote of the unit owners at a meeting | 9 | | called for
this purpose which proportionately adjusts all | 10 | | percentage interests so that
the total is equal to 100% unless | 11 | | the condominium instruments specifically
provide for a | 12 | | different procedure or different percentage vote by the owners
| 13 | | of the units and the owners of mortgages thereon affected by | 14 | | modification
being made in the undivided interest in the common | 15 | | elements, the number
of votes in the unit owners association or | 16 | | the liability for common expenses
appertaining to the unit.
| 17 | | (3) If an omission or error or a scrivener's error in the | 18 | | declaration,
bylaws or other condominium instrument is | 19 | | corrected by vote of
two-thirds of the members of the
Board of | 20 | | Managers pursuant to the authority established in subsections | 21 | | (b)(1)
or (b)(2) of Section 27 of this Act, the Board upon | 22 | | written petition by
unit owners with 20 percent of the votes of | 23 | | the association filed within
30 days of the Board action shall | 24 | | call a meeting of the unit owners within
30 days of the filing | 25 | | of the petition to consider the Board action. Unless
a majority | 26 | | of the votes of the unit owners of the association are cast at |
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| 1 | | the
meeting to reject the action, it is ratified whether or not | 2 | | a quorum is present.
| 3 | | (4) The procedures for amendments set forth in this | 4 | | subsection (b) cannot be
used if such an amendment would | 5 | | materially or adversely affect property
rights of the unit | 6 | | owners unless the affected unit owners consent in writing.
This | 7 | | Section does not restrict the powers of the association to | 8 | | otherwise
amend the declaration, bylaws, or other condominium | 9 | | instruments, but authorizes
a simple process of amendment | 10 | | requiring a lesser vote for the purpose of
correcting defects, | 11 | | errors, or omissions when the property rights of the
unit | 12 | | owners are not materially or adversely affected.
| 13 | | (5) If there is an omission or error in the declaration, | 14 | | bylaws, or other
condominium instruments, which may not be | 15 | | corrected by an amendment procedure
set forth in paragraphs (1) | 16 | | and (2) of subsection (b) of Section 27 in the
declaration then | 17 | | the Circuit Court in the County in which the condominium
is | 18 | | located shall have jurisdiction to hear a petition of one or | 19 | | more of the
unit owners thereon or of the association, to | 20 | | correct the error or omission,
and the action may be a class | 21 | | action. The court may require that one or
more methods of | 22 | | correcting the error or omission be submitted to the unit
| 23 | | owners to determine the most acceptable correction. All unit | 24 | | owners in the
association must be joined as parties to the | 25 | | action. Service of process on
owners may be by publication, but | 26 | | the plaintiff shall furnish all unit
owners not personally |
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| 1 | | served with process with copies of the petition and
final | 2 | | judgment of the court by certified mail return receipt | 3 | | requested, at
their last known address.
| 4 | | (6) Nothing contained in this Section shall be construed to | 5 | | invalidate
any provision of a condominium instrument | 6 | | authorizing the developer to amend
a condominium instrument | 7 | | prior to the latest date on which the initial
membership | 8 | | meeting of the unit owners must be held, whether or nor it has
| 9 | | actually been held, to bring the instrument into compliance | 10 | | with the legal
requirements of the Federal National Mortgage | 11 | | Association, the Federal Home
Loan Mortgage Corporation, the | 12 | | Federal Housing Administration, the United
States Veterans | 13 | | Administration or their respective successors and assigns.
| 14 | | (Source: P.A. 98-282, eff. 1-1-14.)
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