99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1344
 
Introduced 2/18/2015, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 

 
765 ILCS 160/1-20

     Amends the Common Interest Community Association  Act. Provides that no action to incorporate a common interest community as a municipality shall commence until an instrument agreeing to incorporation has been signed by 51% (instead of two-thirds) of the members.
  


LRB099 09084 HEP 29274 b

 
 
A BILL FOR
 

  
SB1344LRB099 09084 HEP 29274 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Common Interest Community Association  Act is 
5amended  by changing Section 1-20 as follows:
 
6    (765 ILCS 160/1-20)

7    Sec. 1-20. Amendments to the declaration or bylaws. 
8    (a) The administration of every property shall be governed 
9by the declaration and bylaws, which may either be embodied in 
10the declaration or in a separate instrument, a true copy of 
11which shall be appended to and recorded with the declaration. 
12No modification or amendment of the declaration or bylaws shall 
13be valid unless the same is set forth in an amendment thereof 
14and such amendment is duly recorded. An amendment of the 
15declaration or bylaws shall be deemed effective upon 
16recordation, unless the amendment sets forth a different 
17effective date.
18    (b) Unless otherwise provided by this Act, amendments to 
19community instruments authorized to be recorded shall be 
20executed and recorded by the president of the board or such 
21other officer authorized by the common interest community 
22association or the community instruments.
23    (c) If an association that currently permits leasing amends 
 
 
SB1344- 2 -LRB099 09084 HEP 29274 b

1its declaration, bylaws, or rules and regulations to prohibit 
2leasing, nothing in this Act or the declarations, bylaws, rules 
3and regulations of an association shall prohibit  a unit owner 
4incorporated under 26 USC 501(c)(3) which is leasing a unit at 
5the time of the prohibition from continuing to do so until such 
6time that the unit owner voluntarily sells the unit; and no 
7special fine, fee, dues, or penalty shall be assessed against 
8the unit owner for leasing its unit. 

9    (d) No action to incorporate a common interest community as 
10a municipality shall commence until an instrument agreeing to 
11incorporation has been signed by 51% two-thirds of the members. 
12(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; 
1397-1090, eff. 8-24-12.)