Public Act 102-0162
 
SB0636 EnrolledLRB102 11509 LNS 16843 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Condominium Property Act is amended  by 
changing Section 18 as follows:
 


    (765 ILCS 605/18)  (from Ch. 30, par. 318)


    Sec. 18. Contents of bylaws. The bylaws shall provide for 
at least
the following:

        (a)(1) The election from among the unit owners of a 
    board of managers, the number of persons constituting such 
    board, and that the terms of at
least one-third of the 
    members of the board shall expire annually and that
all 
    members of the board shall be elected at large; if there 
    are multiple owners of a single unit, only one of the 
    multiple
owners shall be eligible to serve as a member of 
    the board at any one time. A declaration first submitting 
    property to the provisions of this Act, in accordance with 
    Section 3 after the effective date of this amendatory Act 
    of the 102nd General Assembly, or an amendment to the 
    condominium instruments adopted in accordance with Section 
    27 after the effective date of this amendatory Act of the 
    102nd General Assembly, may provide that a majority of the 
    board of managers, or such lesser number as may be 
    specified in the declaration, must be comprised of unit 
    owners occupying their unit as their primary residence; 
    provided that the condominium instruments may not require 
    that more than a majority of the board shall be comprised 
    of unit owners who occupy their unit as their principal 
    residence;

        (2) the powers and duties of the board;

        (3) the compensation, if any, of the members of the 
    board;

        (4) the method of removal from office of members of 
    the board;

        (5) that the board may engage the services of a 
    manager or managing agent;

        (6) that each unit owner shall receive, at least 25 
    days prior to the
adoption thereof by the board of 
    managers, a copy of the proposed annual
budget together 
    with an indication of which portions are intended for

    reserves, capital expenditures or repairs or payment of 
    real estate taxes;

        (7) that the board of managers shall annually supply 
    to
all unit owners an itemized accounting of the common 
    expenses
for the preceding year actually incurred or paid, 
    together
with an indication of which portions were for 
    reserves, capital
expenditures or repairs or payment of 
    real estate taxes and
with a tabulation of the amounts 
    collected pursuant to the
budget or assessment, and 
    showing the net excess or
deficit of income over 
    expenditures plus reserves;

        (8)(i) that each unit owner shall receive notice, in 
    the same manner
as is provided in this Act for membership 
    meetings, of any meeting of the
board of managers 
    concerning the adoption of the proposed annual budget and

    regular assessments pursuant thereto or to adopt a 
    separate (special)
assessment, (ii) that except as 
    provided in subsection (iv) below, if an
adopted
budget or 
    any separate assessment adopted by the board would result 
    in the
sum of all regular and separate assessments payable 
    in the current fiscal year
exceeding 115% of the sum of all 
    regular and separate
assessments payable during the

    preceding fiscal year, the
board of managers, upon written 
    petition by unit owners with 20 percent of
the votes of the 
    association delivered to the board within 21
days of the 
    board action,
shall call a meeting of the unit owners 
    within 30 days of the date of
delivery of the petition to 
    consider the budget or separate
assessment; unless a

    majority of
the total votes of the unit owners are cast at 
    the meeting to reject the
budget or separate assessment,

    it is ratified, (iii) that any common expense not set 
    forth in the budget or
any increase in assessments over 
    the amount adopted in the budget shall be
separately 
    assessed against all unit owners, (iv) that separate 
    assessments for
expenditures relating to emergencies or 
    mandated by law may be adopted by the
board of managers 
    without being subject to unit owner approval or the

    provisions of item (ii) above or item (v) below.  As used

    herein, "emergency" means an immediate danger to the 
    structural integrity of
the
common elements or to the 
    life, health, safety or property of the unit owners,
(v) 
    that assessments
for additions and alterations to the 
    common elements or to association-owned
property not 
    included in the adopted annual budget, shall be separately

    assessed and are subject to approval of two-thirds of the 
    total votes of all
unit owners, (vi) that the board of 
    managers may adopt separate assessments
payable over more 
    than one fiscal year.  With respect to multi-year 
    assessments
not governed by items (iv) and (v), the entire 
    amount of the multi-year
assessment shall be deemed 
    considered and authorized in the first fiscal year
in 
    which the assessment is approved;

        (9)(A) that every meeting of the board of managers 
    shall be open to any unit
owner, except that the board may 
    close any portion of a noticed meeting or meet separately 
    from a noticed meeting to: (i) discuss litigation
when an 
    action against or on behalf of the particular association 
    has been
filed and is pending in a court or administrative 
    tribunal,
or when the board of managers finds that such an 
    action is probable
or imminent, (ii) discuss the 
    appointment, employment, engagement,
or dismissal of an 
    employee, independent contractor, agent, or other provider 
    of goods and services, (iii) interview a potential 
    employee, independent contractor, agent, or other provider 
    of goods and services, (iv) discuss violations of rules 
    and
regulations of the association, (v) discuss a unit 
    owner's unpaid share of common
expenses, or (vi) consult 
    with the association's legal counsel; that any vote on 
    these matters shall take place at a meeting of the board of 
    managers or
portion thereof open to any unit owner;
        (B) that board members may participate in and act at 
    any meeting of the board of managers in person, by 
    telephonic means, or by use of any acceptable 
    technological means whereby all persons participating in 
    the meeting can communicate with each other; that 
    participation constitutes attendance and presence in 
    person at the meeting;
        (C) that any unit owner may record the
proceedings at 
    meetings of the board of managers or portions thereof 
    required to be open by this
Act by tape, film or other 
    means, and that the board may prescribe reasonable
rules 
    and regulations to govern the right to make such 
    recordings;
        (D) that
notice of every meeting of the board of 
    managers shall be given to every board member at least 48 
    hours
prior thereto, unless the board member waives notice 
    of the meeting pursuant to subsection (a) of Section 18.8; 
    and
        (E) that notice of every meeting
 of the board of 
    managers shall be posted in entranceways,
elevators, or 
    other conspicuous places in the condominium at least 48 
    hours
prior to the meeting of the board of managers except 
    where there is no
common entranceway for 7 or more units, 
    the board of managers may designate
one or more locations 
    in the proximity of these units where the notices of

    meetings shall be posted; that notice of every meeting of 
    the board of managers shall also be given at least 48 hours 
    prior to the meeting, or such longer notice as this Act may 
    separately require, to: (i) each unit owner who has 
    provided the association with written authorization to 
    conduct business by acceptable technological means, and 
    (ii) to the extent that the condominium instruments of an 
    association require, to each other unit owner, as required 
    by subsection (f) of Section 18.8, by mail or delivery, 
    and that no other notice of a meeting of the board of 
    managers need be given to any unit owner;

        (10) that the board shall meet at least 4 times 
    annually;

        (11) that no member of the board or officer shall be 
    elected for a term
of more than 2 years, but that officers 
    and board members may succeed
themselves;

        (12) the designation of an officer to mail and receive 
    all notices and
execute amendments to condominium 
    instruments as provided for in this Act
and in the 
    condominium instruments;

        (13) the method of filling vacancies on the board

    which shall include authority for the remaining members of 
    the board to
fill the vacancy by two-thirds vote until the 
    next annual meeting of unit
owners or for a period 
    terminating no later than 30 days following the
filing of 
    a petition signed by unit owners holding 20% of the votes 
    of the
association requesting a meeting of the unit owners 
    to fill the vacancy for
the balance of the term, and that a 
    meeting of the unit owners shall be
called for purposes of 
    filling a vacancy on the board no later than 30 days

    following the filing of a petition signed by unit owners 
    holding 20% of the
votes of the association requesting 
    such a meeting, and the method of filling
vacancies among 
    the officers that shall include the authority for the 
    members
of the board to fill the vacancy for the unexpired 
    portion of the term;

        (14) what percentage of the board of managers, if 
    other than a majority,
shall constitute a quorum;

        (15) provisions concerning notice of board meetings to 
    members of the
board;

        (16) the board of managers may not enter into a 
    contract with a
current board member
or with a corporation 
    or partnership in which a board
member or a member of the 
    board member's immediate family has 25% or
more interest, 
    unless notice of intent to enter the
contract is given to 
    unit owners within 20 days after a decision is made
to 
    enter into the contract and the unit owners are
afforded 
    an opportunity by filing a petition, signed by 20% of the 
    unit
owners, for an election to approve or disapprove the 
    contract;
such petition shall be filed within 30 days 
    after such notice and such
election shall be held within 
    30 days after filing the petition; for purposes
of this 
    subsection, a board member's immediate family means the 
    board member's
spouse, parents, and children;

        (17) that the board of managers may disseminate
to 
    unit owners biographical and background information about 
    candidates for
election to the board if (i) reasonable 
    efforts to identify all candidates are
made and all 
    candidates are given an opportunity to include 
    biographical and
background information in the information 
    to be disseminated; and (ii) the
board does not express a 
    preference in favor of any candidate;

        (18) any proxy distributed for board elections
by the 
    board of managers gives unit owners the
opportunity to 
    designate any person as the proxy holder, and gives the 
    unit
owner the opportunity to express a preference for any 
    of the known
candidates for the board or to write in a 
    name;

        (19) that special meetings of the board of managers 
    can be called by
the president or 25% of the members of the 
    board;

        (20) that the board of managers may establish
and 
    maintain a system of master metering of public utility 
    services and
collect payments in connection therewith, 
    subject to the requirements of the
Tenant Utility Payment 
    Disclosure Act; and

        (21) that the board may ratify and confirm actions of 
    the
members of the board taken in response to an 
    emergency, as that
term is defined in subdivision 
    (a)(8)(iv) of this Section; that
the board shall give 
    notice to the unit owners of: (i) the
occurrence of the 
    emergency event within 7 business days after
the emergency 
    event, and (ii) the general description of the
actions 
    taken to address the event within 7 days after the

    emergency event. 
        The intent of the provisions of Public Act 99-472 
    adding this paragraph (21) is to empower and support 
    boards to act in
emergencies. 
        (b)(1) What percentage of the unit owners, if other 
    than 20%, shall
constitute a quorum provided that, for 
    condominiums with 20 or more units,
the percentage of unit 
    owners constituting a quorum shall be 20% unless the
unit 
    owners holding a majority of the percentage interest in 
    the
association provide for a higher percentage, provided 
    that in voting on amendments to the association's bylaws, 
    a unit owner who is in arrears on the unit owner's regular 
    or separate  assessments for 60 days or more, shall not be 
    counted for purposes of determining if a quorum is 
    present, but that unit owner retains the right to vote on 
    amendments to the association's bylaws;

        (2) that the association shall have one class of 
    membership;

        (3) that the members shall hold an annual meeting, one 
    of the purposes
of which shall be to elect members of the 
    board of managers;

        (4) the method of calling meetings of the unit owners;

        (5) that special meetings of the members can be called 
    by the president,
board of managers, or by 20% of unit 
    owners;

        (6) that written notice of any membership meeting 
    shall be mailed
or delivered giving members no less than 
    10 and no more than 30 days
notice of the time, place and 
    purpose of such meeting except that notice may be sent, to 
    the extent the condominium instruments or rules adopted 
    thereunder expressly so provide, by electronic 
    transmission consented to by the unit owner  to whom the 
    notice is given, provided the director and officer or his 
    agent certifies in writing to the delivery by electronic 
    transmission;

        (7) that voting shall be on a percentage basis, and 
    that the percentage
vote to which each unit is entitled is 
    the percentage interest of the
undivided ownership of the 
    common elements appurtenant thereto, provided
that the 
    bylaws may provide for approval by unit owners in 
    connection with
matters where the requisite approval on a 
    percentage basis is not specified
in this Act, on the 
    basis of one vote per unit;

        (8) that, where there is more than one owner of a unit, 
    if only one
of the multiple owners is present at a meeting 
    of the association, he is
entitled to cast all the votes 
    allocated to that unit, if more than one of
the multiple 
    owners are present, the votes allocated to that unit may 
    be
cast only in accordance with the agreement of a 
    majority in interest of the
multiple owners, unless the 
    declaration expressly provides otherwise, that
there is 
    majority agreement if any one of the multiple owners cast 
    the
votes allocated to that unit without protest being 
    made promptly to the
person presiding over the meeting by 
    any of the other owners of the unit;

        (9)(A) except as provided in subparagraph (B) of this 
    paragraph (9) in
connection with board elections, that
a 
    unit owner may vote by proxy executed in writing by the 
    unit
owner or by his duly authorized attorney in fact; 
    that the proxy must bear the date of
execution
and, unless 
    the condominium instruments or the written proxy itself 
    provide
otherwise, is
invalid after 11 months from the 
    date of its execution; to the extent the condominium 
    instruments or rules adopted thereunder expressly so 
    provide, a vote or proxy may be submitted by electronic 
    transmission, provided that any such electronic 
    transmission shall either set forth or be submitted with 
    information from which it can be determined that the 
    electronic transmission was authorized by the unit owner 
    or the unit owner's proxy;

        (B) that if a rule adopted at least 120 days before a 
    board election
or the
declaration or bylaws provide for 
    balloting as set forth in this subsection,
unit
owners may 
    not vote by proxy in board elections, but may vote only (i) 
    by
submitting an association-issued ballot in person at 
    the election meeting or
(ii) by
submitting an 
    association-issued ballot to the association or its 
    designated
agent
by mail or other means of delivery 
    specified in the declaration, bylaws, or
rule; that
the 
    ballots shall be mailed or otherwise distributed to unit 
    owners not less
than 10
and not more than 30 days before 
    the election meeting, and the board shall give
unit owners 
    not less than 21 days' prior written notice of the 
    deadline for
inclusion of a candidate's name on the 
    ballots; that the deadline shall be no
more
than 7 days 
    before the ballots are mailed or otherwise distributed to 
    unit
owners; that
every such ballot must include the names 
    of all candidates who have given the
board or its 
    authorized agent timely written notice of their candidacy 
    and must
give the person casting the ballot the 
    opportunity to cast votes for candidates
whose names do 
    not appear on the ballot; that a ballot received by the

    association
or
its designated agent after the close of 
    voting shall not be counted; that a
unit
owner
who submits 
    a ballot by mail or other means of delivery specified in 
    the
declaration, bylaws, or rule may request and cast a 
    ballot in person at the
election
meeting, and thereby void 
    any ballot previously submitted by that unit owner;
        (B-5) that if a rule adopted at least 120 days before a 
    board election or the declaration or bylaws provide for 
    balloting as set forth in this subparagraph, unit owners 
    may not vote by proxy in board elections, but may vote only 
    (i) by submitting an association-issued ballot in person 
    at the election meeting; or (ii) by any acceptable 
    technological means as defined in Section 2 of this Act; 
    instructions regarding the use of electronic means for 
    voting shall be distributed to all unit owners not less 
    than 10 and not more than 30 days before the election 
    meeting, and the board shall give unit owners not less 
    than 21 days' prior written notice of the deadline for 
    inclusion of a candidate's name on the ballots; the 
    deadline shall be no more than 7 days before the 
    instructions for voting using electronic or acceptable 
    technological means is distributed to unit owners; every 
    instruction notice must include the names of all 
    candidates who have given the board or its authorized 
    agent timely written notice of their candidacy and must 
    give the person voting through electronic or acceptable 
    technological means the opportunity to cast votes for 
    candidates whose names do not appear on the ballot; a unit 
    owner who submits a vote using electronic or acceptable 
    technological means may request and cast a ballot in 
    person at the election meeting, thereby voiding any vote 
    previously submitted by that unit owner; 

        (C) that if a written petition by unit owners with at 
    least 20% of the
votes of
the association is delivered to 
    the board within 30 days after the board's
approval
of a 
    rule adopted pursuant to subparagraph (B) or subparagraph 
    (B-5) of this paragraph (9), the board
shall call a 
    meeting of the unit owners within 30 days after the date of

    delivery of
the petition; that unless a majority of the 
    total votes of the unit owners are
cast
at the
meeting to 
    reject the rule, the rule is ratified;

        (D) that votes cast by ballot under subparagraph (B) 
    or electronic or acceptable technological means under 
    subparagraph (B-5) of this paragraph (9) are valid for the 
    purpose of establishing a quorum; 
        (10) that the association may, upon adoption of the 
    appropriate rules by
the board of managers, conduct 
    elections by secret ballot whereby the voting
ballot is 
    marked only with the percentage interest for the unit and 
    the vote
itself, provided that the board further adopt 
    rules to verify the status of the
unit owner issuing a 
    proxy or casting a ballot; and further, that a candidate

    for election to the board of managers or such
candidate's 
    representative shall have the right to be present at the

    counting of ballots at such election;

        (11) that in the event of a resale of a condominium 
    unit the purchaser
of a unit from a seller other than the 
    developer pursuant to an installment sales
contract for 
    purchase shall during such times as he or she resides in 
    the
unit be counted toward a quorum for purposes of 
    election of members of the
board of managers at any 
    meeting of the unit owners called for purposes of
electing 
    members of the board, shall have the right to vote for the

    election of members of the board of managers and to be 
    elected to and serve
on the board of managers unless the 
    seller expressly retains in writing any
or all of such 
    rights.  In no event may the seller and purchaser both be

    counted toward a quorum, be permitted to vote for a 
    particular office or be
elected and serve on the board.  
    Satisfactory evidence of the installment sales contract
 
    shall be made available to the association or its agents.  
    For
purposes of this subsection, "installment sales 
    contract" shall have the same
meaning as set forth in 
    Section 5 of the Installment Sales Contract Act and 
    Section 1(e) of the Dwelling Unit Installment Contract 
    Act;

        (12) the method by which matters subject to the 
    approval of unit owners
set forth in this Act, or in the 
    condominium instruments, will be
submitted to the unit 
    owners at special membership meetings called for such

    purposes; and

        (13) that matters subject to the affirmative vote of 
    not less than 2/3
of the votes of unit owners at a meeting 
    duly called for that purpose,
shall include, but not be 
    limited to:

            (i) merger or consolidation of the association;

            (ii) sale, lease, exchange, or other disposition 
        (excluding the mortgage
or pledge) of all, or 
        substantially all of the property and assets of the

        association; and

            (iii) the purchase or sale of land or of units on 
        behalf of all unit owners.

        (c) Election of a president from among the board of 
    managers, who shall
preside over the meetings of the board 
    of managers and of the unit owners.

        (d) Election of a secretary from among the board of 
    managers, who shall
keep the minutes of all meetings
of 
    the board of managers and of the unit owners and who shall, 
    in general,
perform all the duties incident to the office 
    of secretary.

        (e) Election of a treasurer from among the board of 
    managers, who shall
keep the financial records and
books 
    of account.

        (f) Maintenance, repair and replacement of the common 
    elements and
payments therefor, including the method of 
    approving payment vouchers.

        (g) An association with 30 or more units shall obtain 
    and maintain
fidelity insurance covering persons who 
    control or disburse funds of the
association for the 
    maximum amount of coverage available to protect funds
in 
    the custody or control of the association plus the 
    association reserve
fund.  All management companies which 
    are responsible for the funds held or
administered by the 
    association shall maintain and furnish to the
association 
    a fidelity bond for the maximum amount of coverage 
    available to
protect funds in the custody of the 
    management company at any time.  The
association shall bear 
    the cost of the fidelity insurance and fidelity
bond, 
    unless otherwise provided by contract between the 
    association and a
management company.  The association 
    shall be the direct obligee of any
such fidelity bond.  A 
    management company holding reserve funds of an
association 
    shall at all times maintain a separate account for each

    association, provided, however, that for investment 
    purposes, the Board of
Managers of an association may 
    authorize a management company to maintain
the 
    association's reserve funds in a single interest bearing 
    account with
similar funds of other associations.  The 
    management company shall at all
times maintain records 
    identifying all moneys of each association in such

    investment account. The management company may hold all 
    operating funds of
associations which it manages in a 
    single operating account but shall at
all times maintain 
    records identifying all moneys of each association in
such 
    operating account. Such operating and reserve funds held 
    by the
management company for the association shall not be 
    subject to attachment
by any creditor of the management 
    company.

        For the purpose of this subsection, a management 
    company shall be
defined as a person, partnership, 
    corporation, or other legal entity
entitled to transact 
    business on behalf of others, acting on behalf of or
as an 
    agent for a unit owner, unit owners or association of unit 
    owners for
the purpose of carrying out the duties, 
    responsibilities, and other
obligations necessary for the 
    day to day operation and management of any
property 
    subject to this Act.  For purposes of this subsection, the 
    term
"fiduciary insurance coverage" shall be defined as 
    both a fidelity bond and
directors and officers liability 
    coverage, the fidelity bond in the full
amount of 
    association funds and association reserves that will be in 
    the
custody of the association, and the directors and 
    officers liability
coverage at a level as shall be 
    determined to be reasonable by the board of
managers, if 
    not otherwise established by the declaration or by laws.

        Until one year after September 21, 1985 (the effective 
    date of Public Act 84-722),
if a condominium association 
    has reserves plus assessments in excess of
$250,000 and 
    cannot reasonably obtain 100% fidelity bond coverage for 
    such
amount, then it must obtain a fidelity bond coverage 
    of $250,000.

        (h) Method of estimating the amount of the annual 
    budget, and the manner
of assessing and collecting from 
    the unit owners their respective shares of
such estimated 
    expenses, and of any other expenses lawfully agreed upon.

        (i) That upon 10 days notice to the manager or board of 
    managers and
payment of a reasonable fee, any unit owner 
    shall be furnished a statement
of his account setting 
    forth the amount of any unpaid assessments or other

    charges due and owing from such owner.

        (j) Designation and removal of personnel necessary for 
    the maintenance,
repair and replacement of the common 
    elements.

        (k) Such restrictions on and requirements respecting 
    the use and
maintenance of the units and the use of the 
    common elements, not set forth
in the declaration, as are 
    designed to prevent unreasonable interference
with the use 
    of their respective units and of the common elements by 
    the
several unit owners.

        (l) Method of adopting and of amending administrative 
    rules and
regulations governing the operation and use of 
    the common elements.

        (m) The percentage of votes required to modify or 
    amend the bylaws, but
each one of the particulars set 
    forth in this section shall always be
embodied in the 
    bylaws.

        (n)(i) The provisions of this Act, the declaration, 
    bylaws, other
condominium instruments, and rules and 
    regulations that relate to the use
of the individual unit 
    or the common elements shall be applicable to
any person 
    leasing a unit and shall be deemed to be incorporated in 
    any
lease executed or renewed on or after August 30, 1984 
    (the effective date of Public Act 83-1271). 
        (ii) With regard to any lease entered into subsequent 
    to July 1, 1990 (the
effective date of Public Act 86-991), 
    the unit owner leasing the
unit shall deliver a copy of the 
    signed lease to the board or if the
lease is oral, a 
    memorandum of the lease, not later than the date of

    occupancy or 10 days after the lease is signed, whichever 
    occurs first. In
addition to any other remedies, by filing 
    an action jointly against the
tenant and the unit owner, 
    an association may seek to enjoin a tenant from
occupying 
    a unit or seek to evict a tenant under the provisions of 
    Article
IX of the Code of Civil Procedure for failure of 
    the lessor-owner to
comply with the leasing requirements 
    prescribed by
this Section or by the declaration, bylaws, 
    and
rules and regulations. The board of managers may 
    proceed directly against a
tenant, at law or in equity, or 
    under the provisions of Article IX of the
Code of Civil 
    Procedure, for any other breach by tenant of any

    covenants, rules, regulations or bylaws.

        (o) The association shall have no authority to forbear 
    the payment
of assessments by any unit owner.

        (p) That when 30% or fewer of the units, by number,

    possess over 50% in the aggregate of the votes in the 
    association,
any percentage vote of members specified 
    herein or in the condominium
instruments shall require the 
    specified percentage by number of units
rather than by 
    percentage of interest in the common elements allocated
to 
    units that would otherwise be applicable and garage units 
    or storage units, or both, shall have, in total, no more 
    votes than their aggregate percentage of ownership in the 
    common elements; this shall mean that if garage units or 
    storage units, or both, are to be given a vote, or portion 
    of a vote, that the association must add the total number 
    of votes cast of garage units, storage units, or both, and 
    divide the total by the number of garage units, storage 
    units, or both, and multiply by the aggregate percentage 
    of ownership of garage units and storage units to 
    determine the vote, or portion of a vote, that garage 
    units or storage units, or both, have. For purposes of 
    this subsection (p), when making a determination of 
    whether 30% or fewer of the units, by number, possess over 
    50% in the aggregate of the votes in the association,   a 
    unit shall not include a garage unit or a storage unit.


        (q) That a unit owner may not assign, delegate, 
    transfer, surrender, or
avoid the duties, 
    responsibilities, and liabilities of a unit owner under 
    this
Act, the condominium instruments, or the rules and 
    regulations of the
Association; and that such an attempted 
    assignment, delegation, transfer,
surrender, or avoidance 
    shall be deemed void.

    The provisions of this Section are applicable to all 
condominium
instruments recorded under this Act.  Any portion 
of a condominium
instrument which contains provisions contrary 
to these provisions shall be
void as against public policy and 
ineffective.  Any such instrument which
fails to contain the 
provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.

(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 
99-642, eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 
1-1-18; 100-863, eff. 8-14-18.)




Effective Date:  1/1/2022