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Public Act 098-0282
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| SB1606 Enrolled | LRB098 10392 HEP 40582 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Condominium Property Act is amended by |
changing Section 27 as follows:
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(765 ILCS 605/27) (from Ch. 30, par. 327)
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Sec. 27. (a) If there is any unit owner other than the |
developer, and unless otherwise provided in this Act,
the |
condominium instruments shall be amended only as follows: |
(i) upon the
affirmative vote of 2/3 of those voting or |
upon the majority
specified by the condominium |
instruments, provided that in no event shall the |
condominium instruments require more than a three-quarters |
vote of all unit owners; and
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(ii) with the
approval of any mortgagees required under |
the provisions of
the condominium instruments.
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Except in cases where this Act
provides different methods of |
amendment or with respect to property whose
declaration is |
recorded on or after July 1, 1984, no condominium instrument
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shall require more than a three-quarters
vote of unit owners to |
amend the bylaws. Except to the extent
authorized by other |
provisions of this Act, no amendment to the
condominium |
instrument shall change the boundaries of any unit
or the |
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undivided interest in the common elements, the number of
votes |
in the unit owners' association, or the liability for
common |
expenses appertaining to a unit.
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(b)(1) If there is an omission or error in the declaration, |
bylaws
or other condominium instrument, the association may |
correct the error or
omission by an amendment to the |
declaration, bylaws, or other condominium
instrument in such |
respects as may be required to conform to this Act, and
any |
other applicable statute or to the declaration by vote of |
two-thirds
of the members of the Board of Managers or by a |
majority vote of the unit
owners at a meeting called for this |
purpose, unless the Act or the
condominium instruments |
specifically provide for greater percentages or
different |
procedures.
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(2) If through a scrivener's error, a unit has not been
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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 |
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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
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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.
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(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 subsections |
(b)(1)
or (b)(2) of Section 27 of this Act, 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.
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(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 |
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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.
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(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 subsection (b) of Section 27 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
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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.
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(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 |
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meeting of the unit owners must be held, whether or nor it has
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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.
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(Source: P.A. 94-886, eff. 6-20-06.)
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