Public Act 90-0199 of the 90th General Assembly

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Public Act 90-0199

SB358 Enrolled                                 LRB9002826NTsb

    AN ACT to amend the Condominium Property Act by  changing
Section 31.

    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 31 as follows:

    (765 ILCS 605/31) (from Ch. 30, par. 331)
    Sec.  31.   Subdivision  or combination of units.  Unless
the   condominium   instruments   expressly   prohibit    the
subdivision  or  combination  of  any  units,  and subject to
additional   limitations   provided   by   the    condominium
instruments,  the  owner or owners may, at their own expense,
subdivide or combine and locate or relocate  common  elements
affected   or   required  thereby,  in  accordance  with  the
provisions   of   the   condominium   instruments   and   the
requirements of this Act.  The owner  or  owners  shall  make
written  application  to the board of managers, requesting an
amendment to the condominium instruments,  setting  forth  in
the  application  a proposed reallocation to the new units of
the percentage interest in the common elements,  and  setting
forth whether the limited common elements, if any, previously
assigned  to  the unit to be subdivided should be assigned to
each new unit or to fewer than all of the new  units  created
and  requesting,  if desired in the event of a combination of
any units, that the new unit be granted the  exclusive  right
to  use  as a limited common element, a portion of the common
elements within the building adjacent to the  new  unit.   If
the  transaction  is  approved  by a majority of the board of
managers, it shall be effective  upon  (1)  recording  of  an
amendment  to  condominium instruments in accordance with the
provisions of Sections 5 and 6 of this Act, and (2) execution
by the owners of the  units  involved.  In  the  event  of  a
combination  of  any units, the amendment may grant the owner
of the combined unit the exclusive right to use, as a limited
common element, a portion of the common elements  within  the
building  adjacent  to  the  new  unit.  The  request for the
amendment shall be granted and the amendment shall grant this
exclusive right to use as a limited  common  element  if  the
following conditions are met:
         (1)  the  common  element  for  which  the exclusive
    right to use as a limited common element is sought is not
    necessary or practical for use by the owners of any units
    other than the owner or owners of the combined unit; and
         (2)  the owner or owners of the  combined  unit  are
    responsible  for  any  and  all costs associated with the
    renovation, modification, or other  adaptation  performed
    as a result of the granting of the exclusive right to use
    as a limited common element.
If  the  combined  unit  is  divided,  part  of  the original
combined unit is sold, and the grant of the  exclusive  right
to  use  as  a limited common element is no longer necessary,
practical, or appropriate for the use and  enjoyment  of  the
owner  or owners of the original combined unit, the board may
terminate the grant of  the  exclusive  right  to  use  as  a
limited  common  element and require that the owner or owners
of the original combined unit restore the common area to  its
condition prior to the grant of the exclusive right to use as
a  limited  common  element.   If  the  combined unit is sold
without being divided, the grant of the  exclusive  right  to
use  as a limited common element shall apply to the new owner
or owners of the combined unit, who shall assume  the  rights
and responsibilities of the original owner or owners.
(Source: P.A. 88-417.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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