(b)(1) If there is an omission, error, or inconsistency in a condominium instrument, such that a provision of a condominium instrument does not conform to this Act or to another applicable statute, the association may correct the omission, error, or inconsistency to conform the condominium instrument to this Act or to another applicable statute by an amendment adopted by vote of two-thirds of the Board of Managers, without a unit owner vote. A provision in a condominium instrument requiring or allowing unit owners, mortgagees, or other lienholders of record to vote to approve an amendment to a condominium instrument, or for the mortgagees or other lienholders of record to be given notice of an amendment to a condominium instrument, is not applicable to an amendment to the extent that the amendment corrects an omission, error, or inconsistency to conform the condominium instrument to this Act or to another applicable statute.
(2) If through a scrivener's error, a unit has not been
designated as owning an appropriate undivided share of the common elements
or does not bear an appropriate share of the common expenses or that all
the common expenses or all of the common elements in the condominium have
not been distributed in the declaration, so that the sum total of the shares
of common elements which have been distributed or the sum total of the shares
of the common expenses fail to equal 100%, or if it appears that more than
100% of the common elements or common expenses have been distributed, the
error may be corrected by operation of law by filing an amendment to the
declaration approved by vote of two-thirds of the members of the Board
of Managers or a majority vote of the unit owners at a meeting called for
this purpose which proportionately adjusts all percentage interests so that
the total is equal to 100% unless the condominium instruments specifically
provide for a different procedure or different percentage vote by the owners
of the units and the owners of mortgages thereon affected by modification
being made in the undivided interest in the common elements, the number
of votes in the unit owners association or the liability for common expenses
appertaining to the unit.
(3) If an omission or error or a scrivener's error in the declaration,
bylaws or other condominium instrument is corrected by vote of
two-thirds of the members of the
Board of Managers pursuant to the authority established in paragraph (1) or (2) of this subsection (b), the Board upon written petition by
unit owners with 20 percent of the votes of the association filed within
30 days of the Board action shall call a meeting of the unit owners within
30 days of the filing of the petition to consider the Board action. Unless
a majority of the votes of the unit owners of the association are cast at the
meeting to reject the action, it is ratified whether or not a quorum is present.
(4) The procedures for amendments set forth in this subsection (b) cannot be
used if such an amendment would materially or adversely affect property
rights of the unit owners unless the affected unit owners consent in writing.
This Section does not restrict the powers of the association to otherwise
amend the declaration, bylaws, or other condominium instruments, but authorizes
a simple process of amendment requiring a lesser vote for the purpose of
correcting defects, errors, or omissions when the property rights of the
unit owners are not materially or adversely affected.
(5) If there is an omission or error in the declaration, bylaws, or other
condominium instruments, which may not be corrected by an amendment procedure
set forth in paragraphs (1) and (2) of this subsection (b) in the
declaration then the Circuit Court in the County in which the condominium
is located shall have jurisdiction to hear a petition of one or more of the
unit owners thereon or of the association, to correct the error or omission,
and the action may be a class action. The court may require that one or
more methods of correcting the error or omission be submitted to the unit
owners to determine the most acceptable correction. All unit owners in the
association must be joined as parties to the action. Service of process on
owners may be by publication, but the plaintiff shall furnish all unit
owners not personally served with process with copies of the petition and
final judgment of the court by certified mail return receipt requested, at
their last known address.
(6) Nothing contained in this Section shall be construed to invalidate
any provision of a condominium instrument authorizing the developer to amend
a condominium instrument prior to the latest date on which the initial
membership meeting of the unit owners must be held, whether or not it has
actually been held, to bring the instrument into compliance with the legal
requirements of the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, the Federal Housing Administration, the United
States Veterans Administration or their respective successors and assigns.
(Source: P.A. 99-472, eff. 6-1-16; 100-201, eff. 8-18-17; 100-292, eff. 1-1-18; 100-863, eff. 8-14-18.)
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