Public Act 90-0199 of the 90th General Assembly
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.