Rep. Amy Grant

Filed: 3/1/2022

 

 


 

 


 
10200HB4902ham001LRB102 25661 LNS 36550 a

1
AMENDMENT TO HOUSE BILL 4902

2    AMENDMENT NO. ______. Amend House Bill 4902 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Condominium Property Act is amended by
5changing Section 18 as follows:
 
6    (765 ILCS 605/18)  (from Ch. 30, par. 318)
7    Sec. 18. Contents of bylaws. The bylaws shall provide for
8at least the following:
9        (a)(1) The election from among the unit owners of a
10    board of managers, the number of persons constituting such
11    board, and that the terms of at least one-third of the
12    members of the board shall expire annually and that all
13    members of the board shall be elected at large; if there
14    are multiple owners of a single unit, only one of the
15    multiple owners shall be eligible to serve as a member of
16    the board at any one time. A declaration first submitting

 

 

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1    property to the provisions of this Act, in accordance with
2    Section 3 after the effective date of this amendatory Act
3    of the 102nd General Assembly, or an amendment to the
4    condominium instruments adopted in accordance with Section
5    27 after the effective date of this amendatory Act of the
6    102nd General Assembly, may provide that a majority of the
7    board of managers, or such lesser number as may be
8    specified in the declaration, must be comprised of unit
9    owners occupying their unit as their primary residence;
10    provided that the condominium instruments may not require
11    that more than a majority of the board shall be comprised
12    of unit owners who occupy their unit as their principal
13    residence;
14        (2) the powers and duties of the board;
15        (3) the compensation, if any, of the members of the
16    board;
17        (4) the method of removal from office of members of
18    the board;
19        (5) that the board may engage the services of a
20    manager or managing agent;
21        (6) that each unit owner shall receive, at least 25
22    days prior to the adoption thereof by the board of
23    managers, a copy of the proposed annual budget together
24    with an indication of which portions are intended for
25    reserves, capital expenditures or repairs or payment of
26    real estate taxes;

 

 

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1        (7) that the board of managers shall annually supply
2    to all unit owners an itemized accounting of the common
3    expenses for the preceding year actually incurred or paid,
4    together with an indication of which portions were for
5    reserves, capital expenditures or repairs or payment of
6    real estate taxes and with a tabulation of the amounts
7    collected pursuant to the budget or assessment, and
8    showing the net excess or deficit of income over
9    expenditures plus reserves;
10        (8)(i) that each unit owner shall receive notice, in
11    the same manner as is provided in this Act for membership
12    meetings, of any meeting of the board of managers
13    concerning the adoption of the proposed annual budget and
14    regular assessments pursuant thereto or to adopt a
15    separate (special) assessment, (ii) that except as
16    provided in subsection (iv) below, if an adopted budget or
17    any separate assessment adopted by the board would result
18    in the sum of all regular and separate assessments payable
19    in the current fiscal year exceeding 115% of the sum of all
20    regular and separate assessments payable during the
21    preceding fiscal year, the board of managers, upon written
22    petition by unit owners with 20 percent of the votes of the
23    association delivered to the board within 21 days of the
24    board action, shall call a meeting of the unit owners
25    within 30 days of the date of delivery of the petition to
26    consider the budget or separate assessment; unless a

 

 

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1    majority of the total votes of the unit owners are cast at
2    the meeting to reject the budget or separate assessment,
3    it is ratified, (iii) that any common expense not set
4    forth in the budget or any increase in assessments over
5    the amount adopted in the budget shall be separately
6    assessed against all unit owners, (iv) that separate
7    assessments for expenditures relating to emergencies or
8    mandated by law may be adopted by the board of managers
9    without being subject to unit owner approval or the
10    provisions of item (ii) above or item (v) below. As used
11    herein, "emergency" means an immediate danger to the
12    structural integrity of the common elements or to the
13    life, health, safety or property of the unit owners, (v)
14    that assessments for additions and alterations to the
15    common elements or to association-owned property not
16    included in the adopted annual budget, shall be separately
17    assessed and are subject to approval of two-thirds of the
18    total votes of all unit owners, (vi) that the board of
19    managers may adopt separate assessments payable over more
20    than one fiscal year. With respect to multi-year
21    assessments not governed by items (iv) and (v), the entire
22    amount of the multi-year assessment shall be deemed
23    considered and authorized in the first fiscal year in
24    which the assessment is approved;
25        (9)(A) that every meeting of the board of managers
26    shall be open to any unit owner, except that the board may

 

 

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1    close any portion of a noticed meeting or meet separately
2    from a noticed meeting to: (i) discuss litigation when an
3    action against or on behalf of the particular association
4    has been filed and is pending in a court or administrative
5    tribunal, or when the board of managers finds that such an
6    action is probable or imminent, (ii) discuss the
7    appointment, employment, engagement, or dismissal of an
8    employee, independent contractor, agent, or other provider
9    of goods and services, (iii) interview a potential
10    employee, independent contractor, agent, or other provider
11    of goods and services, (iv) discuss violations of rules
12    and regulations of the association, (v) discuss a unit
13    owner's unpaid share of common expenses, or (vi) consult
14    with the association's legal counsel; that any vote on
15    these matters shall take place at a meeting of the board of
16    managers or portion thereof open to any unit owner;
17        (B) that board members may participate in and act at
18    any meeting of the board of managers in person, by
19    telephonic means, or by use of any acceptable
20    technological means whereby all persons participating in
21    the meeting can communicate with each other; that
22    participation constitutes attendance and presence in
23    person at the meeting;
24        (C) that any unit owner may record the proceedings at
25    meetings of the board of managers or portions thereof
26    required to be open by this Act by tape, film or other

 

 

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1    means, and that the board may prescribe reasonable rules
2    and regulations to govern the right to make such
3    recordings;
4        (D) that notice of and an agenda for every meeting of
5    the board of managers shall be given to every board member
6    at least 48 hours prior thereto, unless the board member
7    waives notice of the meeting pursuant to subsection (a) of
8    Section 18.8; and
9        (E) that notice of and an agenda for every meeting of
10    the board of managers shall be posted in entranceways,
11    elevators, or other conspicuous places in the condominium
12    at least 48 hours prior to the meeting of the board of
13    managers except where there is no common entranceway for 7
14    or more units, the board of managers may designate one or
15    more locations in the proximity of these units where the
16    notices of meetings shall be posted; that notice of every
17    meeting of the board of managers shall also be given at
18    least 48 hours prior to the meeting, or such longer notice
19    as this Act may separately require, to: (i) each unit
20    owner who has provided the association with written
21    authorization to conduct business by acceptable
22    technological means, and (ii) to the extent that the
23    condominium instruments of an association require, to each
24    other unit owner, as required by subsection (f) of Section
25    18.8, by mail or delivery, and that no other notice of a
26    meeting of the board of managers need be given to any unit

 

 

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1    owner;
2        (10) that the board shall meet at least 4 times
3    annually;
4        (11) that no member of the board or officer shall be
5    elected for a term of more than 2 years, but that officers
6    and board members may succeed themselves;
7        (12) the designation of an officer to mail and receive
8    all notices and execute amendments to condominium
9    instruments as provided for in this Act and in the
10    condominium instruments;
11        (13) the method of filling vacancies on the board
12    which shall include authority for the remaining members of
13    the board to fill the vacancy by two-thirds vote until the
14    next annual meeting of unit owners or for a period
15    terminating no later than 30 days following the filing of
16    a petition signed by unit owners holding 20% of the votes
17    of the association requesting a meeting of the unit owners
18    to fill the vacancy for the balance of the term, and that a
19    meeting of the unit owners shall be called for purposes of
20    filling a vacancy on the board no later than 30 days
21    following the filing of a petition signed by unit owners
22    holding 20% of the votes of the association requesting
23    such a meeting, and the method of filling vacancies among
24    the officers that shall include the authority for the
25    members of the board to fill the vacancy for the unexpired
26    portion of the term;

 

 

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1        (14) what percentage of the board of managers, if
2    other than a majority, shall constitute a quorum;
3        (15) provisions concerning notice of board meetings to
4    members of the board;
5        (16) the board of managers may not enter into a
6    contract with a current board member or with a corporation
7    or partnership in which a board member or a member of the
8    board member's immediate family has 25% or more interest,
9    unless notice of intent to enter the contract is given to
10    unit owners within 20 days after a decision is made to
11    enter into the contract and the unit owners are afforded
12    an opportunity by filing a petition, signed by 20% of the
13    unit owners, for an election to approve or disapprove the
14    contract; such petition shall be filed within 30 days
15    after such notice and such election shall be held within
16    30 days after filing the petition; for purposes of this
17    subsection, a board member's immediate family means the
18    board member's spouse, parents, and children;
19        (17) that the board of managers may disseminate to
20    unit owners biographical and background information about
21    candidates for election to the board if (i) reasonable
22    efforts to identify all candidates are made and all
23    candidates are given an opportunity to include
24    biographical and background information in the information
25    to be disseminated; and (ii) the board does not express a
26    preference in favor of any candidate;

 

 

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1        (18) any proxy distributed for board elections by the
2    board of managers gives unit owners the opportunity to
3    designate any person as the proxy holder, and gives the
4    unit owner the opportunity to express a preference for any
5    of the known candidates for the board or to write in a
6    name;
7        (19) that special meetings of the board of managers
8    can be called by the president or 25% of the members of the
9    board;
10        (20) that the board of managers may establish and
11    maintain a system of master metering of public utility
12    services and collect payments in connection therewith,
13    subject to the requirements of the Tenant Utility Payment
14    Disclosure Act; and
15        (21) that the board may ratify and confirm actions of
16    the members of the board taken in response to an
17    emergency, as that term is defined in subdivision
18    (a)(8)(iv) of this Section; that the board shall give
19    notice to the unit owners of: (i) the occurrence of the
20    emergency event within 7 business days after the emergency
21    event, and (ii) the general description of the actions
22    taken to address the event within 7 days after the
23    emergency event.
24        The intent of the provisions of Public Act 99-472
25    adding this paragraph (21) is to empower and support
26    boards to act in emergencies.

 

 

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1        (b)(1) What percentage of the unit owners, if other
2    than 20%, shall constitute a quorum provided that, for
3    condominiums with 20 or more units, the percentage of unit
4    owners constituting a quorum shall be 20% unless the unit
5    owners holding a majority of the percentage interest in
6    the association provide for a higher percentage, provided
7    that in voting on amendments to the association's bylaws,
8    a unit owner who is in arrears on the unit owner's regular
9    or separate assessments for 60 days or more, shall not be
10    counted for purposes of determining if a quorum is
11    present, but that unit owner retains the right to vote on
12    amendments to the association's bylaws;
13        (2) that the association shall have one class of
14    membership;
15        (3) that the members shall hold an annual meeting, one
16    of the purposes of which shall be to elect members of the
17    board of managers;
18        (4) the method of calling meetings of the unit owners;
19        (5) that special meetings of the members can be called
20    by the president, board of managers, or by 20% of unit
21    owners;
22        (6) that written notice of any membership meeting
23    shall be mailed or delivered giving members no less than
24    10 and no more than 30 days notice of the time, place and
25    purpose of such meeting except that notice may be sent, to
26    the extent the condominium instruments or rules adopted

 

 

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1    thereunder expressly so provide, by electronic
2    transmission consented to by the unit owner to whom the
3    notice is given, provided the director and officer or his
4    agent certifies in writing to the delivery by electronic
5    transmission;
6        (7) that voting shall be on a percentage basis, and
7    that the percentage vote to which each unit is entitled is
8    the percentage interest of the undivided ownership of the
9    common elements appurtenant thereto, provided that the
10    bylaws may provide for approval by unit owners in
11    connection with matters where the requisite approval on a
12    percentage basis is not specified in this Act, on the
13    basis of one vote per unit;
14        (8) that, where there is more than one owner of a unit,
15    if only one of the multiple owners is present at a meeting
16    of the association, he is entitled to cast all the votes
17    allocated to that unit, if more than one of the multiple
18    owners are present, the votes allocated to that unit may
19    be cast only in accordance with the agreement of a
20    majority in interest of the multiple owners, unless the
21    declaration expressly provides otherwise, that there is
22    majority agreement if any one of the multiple owners cast
23    the votes allocated to that unit without protest being
24    made promptly to the person presiding over the meeting by
25    any of the other owners of the unit;
26        (9)(A) except as provided in subparagraph (B) of this

 

 

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1    paragraph (9) in connection with board elections, that a
2    unit owner may vote by proxy executed in writing by the
3    unit owner or by his duly authorized attorney in fact;
4    that the proxy must bear the date of execution and, unless
5    the condominium instruments or the written proxy itself
6    provide otherwise, is invalid after 11 months from the
7    date of its execution; to the extent the condominium
8    instruments or rules adopted thereunder expressly so
9    provide, a vote or proxy may be submitted by electronic
10    transmission, provided that any such electronic
11    transmission shall either set forth or be submitted with
12    information from which it can be determined that the
13    electronic transmission was authorized by the unit owner
14    or the unit owner's proxy;
15        (B) that if a rule adopted at least 120 days before a
16    board election or the declaration or bylaws provide for
17    balloting as set forth in this subsection, unit owners may
18    not vote by proxy in board elections, but may vote only (i)
19    by submitting an association-issued ballot in person at
20    the election meeting or (ii) by submitting an
21    association-issued ballot to the association or its
22    designated agent by mail or other means of delivery
23    specified in the declaration, bylaws, or rule; that the
24    ballots shall be mailed or otherwise distributed to unit
25    owners not less than 10 and not more than 30 days before
26    the election meeting, and the board shall give unit owners

 

 

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1    not less than 21 days' prior written notice of the
2    deadline for inclusion of a candidate's name on the
3    ballots; that the deadline shall be no more than 7 days
4    before the ballots are mailed or otherwise distributed to
5    unit owners; that every such ballot must include the names
6    of all candidates who have given the board or its
7    authorized agent timely written notice of their candidacy
8    and must give the person casting the ballot the
9    opportunity to cast votes for candidates whose names do
10    not appear on the ballot; that a ballot received by the
11    association or its designated agent after the close of
12    voting shall not be counted; that a unit owner who submits
13    a ballot by mail or other means of delivery specified in
14    the declaration, bylaws, or rule may request and cast a
15    ballot in person at the election meeting, and thereby void
16    any ballot previously submitted by that unit owner;
17        (B-5) that if a rule adopted at least 120 days before a
18    board election or the declaration or bylaws provide for
19    balloting as set forth in this subparagraph, unit owners
20    may not vote by proxy in board elections, but may vote only
21    (i) by submitting an association-issued ballot in person
22    at the election meeting; or (ii) by any acceptable
23    technological means as defined in Section 2 of this Act;
24    instructions regarding the use of electronic means for
25    voting shall be distributed to all unit owners not less
26    than 10 and not more than 30 days before the election

 

 

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1    meeting, and the board shall give unit owners not less
2    than 21 days' prior written notice of the deadline for
3    inclusion of a candidate's name on the ballots; the
4    deadline shall be no more than 7 days before the
5    instructions for voting using electronic or acceptable
6    technological means is distributed to unit owners; every
7    instruction notice must include the names of all
8    candidates who have given the board or its authorized
9    agent timely written notice of their candidacy and must
10    give the person voting through electronic or acceptable
11    technological means the opportunity to cast votes for
12    candidates whose names do not appear on the ballot; a unit
13    owner who submits a vote using electronic or acceptable
14    technological means may request and cast a ballot in
15    person at the election meeting, thereby voiding any vote
16    previously submitted by that unit owner;
17        (C) that if a written petition by unit owners with at
18    least 20% of the votes of the association is delivered to
19    the board within 30 days after the board's approval of a
20    rule adopted pursuant to subparagraph (B) or subparagraph
21    (B-5) of this paragraph (9), the board shall call a
22    meeting of the unit owners within 30 days after the date of
23    delivery of the petition; that unless a majority of the
24    total votes of the unit owners are cast at the meeting to
25    reject the rule, the rule is ratified;
26        (D) that votes cast by ballot under subparagraph (B)

 

 

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1    or electronic or acceptable technological means under
2    subparagraph (B-5) of this paragraph (9) are valid for the
3    purpose of establishing a quorum;
4        (10) that the association may, upon adoption of the
5    appropriate rules by the board of managers, conduct
6    elections by secret ballot whereby the voting ballot is
7    marked only with the percentage interest for the unit and
8    the vote itself, provided that the board further adopt
9    rules to verify the status of the unit owner issuing a
10    proxy or casting a ballot; and further, that a candidate
11    for election to the board of managers or such candidate's
12    representative shall have the right to be present at the
13    counting of ballots at such election;
14        (11) that in the event of a resale of a condominium
15    unit the purchaser of a unit from a seller other than the
16    developer pursuant to an installment sales contract for
17    purchase shall during such times as he or she resides in
18    the unit be counted toward a quorum for purposes of
19    election of members of the board of managers at any
20    meeting of the unit owners called for purposes of electing
21    members of the board, shall have the right to vote for the
22    election of members of the board of managers and to be
23    elected to and serve on the board of managers unless the
24    seller expressly retains in writing any or all of such
25    rights. In no event may the seller and purchaser both be
26    counted toward a quorum, be permitted to vote for a

 

 

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1    particular office or be elected and serve on the board.
2    Satisfactory evidence of the installment sales contract
3    shall be made available to the association or its agents.
4    For purposes of this subsection, "installment sales
5    contract" shall have the same meaning as set forth in
6    Section 5 of the Installment Sales Contract Act and
7    Section 1(e) of the Dwelling Unit Installment Contract
8    Act;
9        (12) the method by which matters subject to the
10    approval of unit owners set forth in this Act, or in the
11    condominium instruments, will be submitted to the unit
12    owners at special membership meetings called for such
13    purposes; and
14        (13) that matters subject to the affirmative vote of
15    not less than 2/3 of the votes of unit owners at a meeting
16    duly called for that purpose, shall include, but not be
17    limited to:
18            (i) merger or consolidation of the association;
19            (ii) sale, lease, exchange, or other disposition
20        (excluding the mortgage or pledge) of all, or
21        substantially all of the property and assets of the
22        association; and
23            (iii) the purchase or sale of land or of units on
24        behalf of all unit owners.
25        (c) Election of a president from among the board of
26    managers, who shall preside over the meetings of the board

 

 

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1    of managers and of the unit owners.
2        (d) Election of a secretary from among the board of
3    managers, who shall keep the minutes of all meetings of
4    the board of managers and of the unit owners and who shall,
5    in general, perform all the duties incident to the office
6    of secretary.
7        (e) Election of a treasurer from among the board of
8    managers, who shall keep the financial records and books
9    of account.
10        (f) Maintenance, repair and replacement of the common
11    elements and payments therefor, including the method of
12    approving payment vouchers.
13        (g) An association with 30 or more units shall obtain
14    and maintain fidelity insurance covering persons who
15    control or disburse funds of the association for the
16    maximum amount of coverage available to protect funds in
17    the custody or control of the association plus the
18    association reserve fund. All management companies which
19    are responsible for the funds held or administered by the
20    association shall maintain and furnish to the association
21    a fidelity bond for the maximum amount of coverage
22    available to protect funds in the custody of the
23    management company at any time. The association shall bear
24    the cost of the fidelity insurance and fidelity bond,
25    unless otherwise provided by contract between the
26    association and a management company. The association

 

 

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1    shall be the direct obligee of any such fidelity bond. A
2    management company holding reserve funds of an association
3    shall at all times maintain a separate account for each
4    association, provided, however, that for investment
5    purposes, the Board of Managers of an association may
6    authorize a management company to maintain the
7    association's reserve funds in a single interest bearing
8    account with similar funds of other associations. The
9    management company shall at all times maintain records
10    identifying all moneys of each association in such
11    investment account. The management company may hold all
12    operating funds of associations which it manages in a
13    single operating account but shall at all times maintain
14    records identifying all moneys of each association in such
15    operating account. Such operating and reserve funds held
16    by the management company for the association shall not be
17    subject to attachment by any creditor of the management
18    company.
19        For the purpose of this subsection, a management
20    company shall be defined as a person, partnership,
21    corporation, or other legal entity entitled to transact
22    business on behalf of others, acting on behalf of or as an
23    agent for a unit owner, unit owners or association of unit
24    owners for the purpose of carrying out the duties,
25    responsibilities, and other obligations necessary for the
26    day to day operation and management of any property

 

 

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1    subject to this Act. For purposes of this subsection, the
2    term "fiduciary insurance coverage" shall be defined as
3    both a fidelity bond and directors and officers liability
4    coverage, the fidelity bond in the full amount of
5    association funds and association reserves that will be in
6    the custody of the association, and the directors and
7    officers liability coverage at a level as shall be
8    determined to be reasonable by the board of managers, if
9    not otherwise established by the declaration or by laws.
10        Until one year after September 21, 1985 (the effective
11    date of Public Act 84-722), if a condominium association
12    has reserves plus assessments in excess of $250,000 and
13    cannot reasonably obtain 100% fidelity bond coverage for
14    such amount, then it must obtain a fidelity bond coverage
15    of $250,000.
16        (h) Method of estimating the amount of the annual
17    budget, and the manner of assessing and collecting from
18    the unit owners their respective shares of such estimated
19    expenses, and of any other expenses lawfully agreed upon.
20        (i) That upon 10 days notice to the manager or board of
21    managers and payment of a reasonable fee, any unit owner
22    shall be furnished a statement of his account setting
23    forth the amount of any unpaid assessments or other
24    charges due and owing from such owner.
25        (j) Designation and removal of personnel necessary for
26    the maintenance, repair and replacement of the common

 

 

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1    elements.
2        (k) Such restrictions on and requirements respecting
3    the use and maintenance of the units and the use of the
4    common elements, not set forth in the declaration, as are
5    designed to prevent unreasonable interference with the use
6    of their respective units and of the common elements by
7    the several unit owners.
8        (l) Method of adopting and of amending administrative
9    rules and regulations governing the operation and use of
10    the common elements.
11        (m) The percentage of votes required to modify or
12    amend the bylaws, but each one of the particulars set
13    forth in this section shall always be embodied in the
14    bylaws.
15        (n)(i) The provisions of this Act, the declaration,
16    bylaws, other condominium instruments, and rules and
17    regulations that relate to the use of the individual unit
18    or the common elements shall be applicable to any person
19    leasing a unit and shall be deemed to be incorporated in
20    any lease executed or renewed on or after August 30, 1984
21    (the effective date of Public Act 83-1271).
22        (ii) With regard to any lease entered into subsequent
23    to July 1, 1990 (the effective date of Public Act 86-991),
24    the unit owner leasing the unit shall deliver a copy of the
25    signed lease to the board or if the lease is oral, a
26    memorandum of the lease, not later than the date of

 

 

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1    occupancy or 10 days after the lease is signed, whichever
2    occurs first. In addition to any other remedies, by filing
3    an action jointly against the tenant and the unit owner,
4    an association may seek to enjoin a tenant from occupying
5    a unit or seek to evict a tenant under the provisions of
6    Article IX of the Code of Civil Procedure for failure of
7    the lessor-owner to comply with the leasing requirements
8    prescribed by this Section or by the declaration, bylaws,
9    and rules and regulations. The board of managers may
10    proceed directly against a tenant, at law or in equity, or
11    under the provisions of Article IX of the Code of Civil
12    Procedure, for any other breach by tenant of any
13    covenants, rules, regulations or bylaws.
14        (o) The association shall have no authority to forbear
15    the payment of assessments by any unit owner.
16        (p) That when 30% or fewer of the units, by number,
17    possess over 50% in the aggregate of the votes in the
18    association, any percentage vote of members specified
19    herein or in the condominium instruments shall require the
20    specified percentage by number of units rather than by
21    percentage of interest in the common elements allocated to
22    units that would otherwise be applicable and garage units
23    or storage units, or both, shall have, in total, no more
24    votes than their aggregate percentage of ownership in the
25    common elements; this shall mean that if garage units or
26    storage units, or both, are to be given a vote, or portion

 

 

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1    of a vote, that the association must add the total number
2    of votes cast of garage units, storage units, or both, and
3    divide the total by the number of garage units, storage
4    units, or both, and multiply by the aggregate percentage
5    of ownership of garage units and storage units to
6    determine the vote, or portion of a vote, that garage
7    units or storage units, or both, have. For purposes of
8    this subsection (p), when making a determination of
9    whether 30% or fewer of the units, by number, possess over
10    50% in the aggregate of the votes in the association, a
11    unit shall not include a garage unit or a storage unit.
12        (q) That a unit owner may not assign, delegate,
13    transfer, surrender, or avoid the duties,
14    responsibilities, and liabilities of a unit owner under
15    this Act, the condominium instruments, or the rules and
16    regulations of the Association; and that such an attempted
17    assignment, delegation, transfer, surrender, or avoidance
18    shall be deemed void.
19    The provisions of this Section are applicable to all
20condominium instruments recorded under this Act. Any portion
21of a condominium instrument which contains provisions contrary
22to these provisions shall be void as against public policy and
23ineffective. Any such instrument which fails to contain the
24provisions required by this Section shall be deemed to
25incorporate such provisions by operation of law.
26(Source: P.A. 102-162, eff. 1-1-22.)".