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| | HB2643 Engrossed | | LRB099 07616 HEP 27747 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Condominium Property Act is amended by |
5 | | changing Section 27 as follows:
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6 | | (765 ILCS 605/27) (from Ch. 30, par. 327)
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7 | | Sec. 27. Amendments. |
8 | | (a) If there is any unit owner other than the developer, |
9 | | and unless otherwise provided in this Act,
the condominium |
10 | | instruments shall be amended only as follows: |
11 | | (i) upon the
affirmative vote of 2/3 of those voting or |
12 | | upon the majority
specified by the condominium |
13 | | instruments, provided that in no event shall the |
14 | | condominium instruments require more than a three-quarters |
15 | | vote of all unit owners; and
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16 | | (ii) with the
approval of , or notice to, any mortgagees |
17 | | or other lienholders of record, if required under the |
18 | | provisions of
the condominium instruments.
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19 | | (b)(1) If there is an omission , error, or inconsistency in |
20 | | a condominium instrument, such that a provision of a |
21 | | condominium instrument does not conform to this Act or to |
22 | | another applicable statute, the association may correct the |
23 | | omission, error, or inconsistency to conform the condominium |
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1 | | instrument to this Act or to another applicable statute by an |
2 | | amendment adopted by vote of two-thirds of the Board of |
3 | | Managers, without a unit owner vote. A provision in a |
4 | | condominium instrument requiring or allowing unit owners, |
5 | | mortgagees, or other lienholders of record to vote to approve |
6 | | an amendment to a condominium instrument, or for the mortgagees |
7 | | or other lienholders of record to be given notice of an |
8 | | amendment to a condominium instrument, is not applicable to an |
9 | | amendment to the extent that the amendment corrects an |
10 | | omission, error, or inconsistency to conform the condominium |
11 | | instrument to this Act or to another applicable statute or |
12 | | error in the declaration, bylaws
or other condominium |
13 | | instrument, the association may correct the error or
omission |
14 | | by an amendment to the declaration, bylaws, or other |
15 | | condominium
instrument in such respects as may be required to |
16 | | conform to this Act, and
any other applicable statute or to the |
17 | | declaration by vote of two-thirds
of the members of the Board |
18 | | of Managers or by a majority vote of the unit
owners at a |
19 | | meeting called for this purpose, unless the Act or the
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20 | | condominium instruments specifically provide for greater |
21 | | percentages or
different procedures .
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22 | | (2) If through a scrivener's error, a unit has not been
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23 | | designated as owning an appropriate undivided share of the |
24 | | common elements
or does not bear an appropriate share of the |
25 | | common expenses or that all
the common expenses or all of the |
26 | | common elements in the condominium have
not been distributed in |
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1 | | the declaration, so that the sum total of the shares
of common |
2 | | elements which have been distributed or the sum total of the |
3 | | shares
of the common expenses fail to equal 100%, or if it |
4 | | appears that more than
100% of the common elements or common |
5 | | expenses have been distributed, the
error may be corrected by |
6 | | operation of law by filing an amendment to the
declaration |
7 | | approved by vote of two-thirds of the members of the Board
of |
8 | | Managers or a majority vote of the unit owners at a meeting |
9 | | called for
this purpose which proportionately adjusts all |
10 | | percentage interests so that
the total is equal to 100% unless |
11 | | the condominium instruments specifically
provide for a |
12 | | different procedure or different percentage vote by the owners
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13 | | of the units and the owners of mortgages thereon affected by |
14 | | modification
being made in the undivided interest in the common |
15 | | elements, the number
of votes in the unit owners association or |
16 | | the liability for common expenses
appertaining to the unit.
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17 | | (3) If an omission or error or a scrivener's error in the |
18 | | declaration,
bylaws or other condominium instrument is |
19 | | corrected by vote of
two-thirds of the members of the
Board of |
20 | | Managers pursuant to the authority established in subsections |
21 | | (b)(1)
or (b)(2) of Section 27 of this Act, the Board upon |
22 | | written petition by
unit owners with 20 percent of the votes of |
23 | | the association filed within
30 days of the Board action shall |
24 | | call a meeting of the unit owners within
30 days of the filing |
25 | | of the petition to consider the Board action. Unless
a majority |
26 | | of the votes of the unit owners of the association are cast at |
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1 | | the
meeting to reject the action, it is ratified whether or not |
2 | | a quorum is present.
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3 | | (4) The procedures for amendments set forth in this |
4 | | subsection (b) cannot be
used if such an amendment would |
5 | | materially or adversely affect property
rights of the unit |
6 | | owners unless the affected unit owners consent in writing.
This |
7 | | Section does not restrict the powers of the association to |
8 | | otherwise
amend the declaration, bylaws, or other condominium |
9 | | instruments, but authorizes
a simple process of amendment |
10 | | requiring a lesser vote for the purpose of
correcting defects, |
11 | | errors, or omissions when the property rights of the
unit |
12 | | owners are not materially or adversely affected.
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13 | | (5) If there is an omission or error in the declaration, |
14 | | bylaws, or other
condominium instruments, which may not be |
15 | | corrected by an amendment procedure
set forth in paragraphs (1) |
16 | | and (2) of subsection (b) of Section 27 in the
declaration then |
17 | | the Circuit Court in the County in which the condominium
is |
18 | | located shall have jurisdiction to hear a petition of one or |
19 | | more of the
unit owners thereon or of the association, to |
20 | | correct the error or omission,
and the action may be a class |
21 | | action. The court may require that one or
more methods of |
22 | | correcting the error or omission be submitted to the unit
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23 | | owners to determine the most acceptable correction. All unit |
24 | | owners in the
association must be joined as parties to the |
25 | | action. Service of process on
owners may be by publication, but |
26 | | the plaintiff shall furnish all unit
owners not personally |
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1 | | served with process with copies of the petition and
final |
2 | | judgment of the court by certified mail return receipt |
3 | | requested, at
their last known address.
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4 | | (6) Nothing contained in this Section shall be construed to |
5 | | invalidate
any provision of a condominium instrument |
6 | | authorizing the developer to amend
a condominium instrument |
7 | | prior to the latest date on which the initial
membership |
8 | | meeting of the unit owners must be held, whether or nor it has
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9 | | actually been held, to bring the instrument into compliance |
10 | | with the legal
requirements of the Federal National Mortgage |
11 | | Association, the Federal Home
Loan Mortgage Corporation, the |
12 | | Federal Housing Administration, the United
States Veterans |
13 | | Administration or their respective successors and assigns.
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14 | | (Source: P.A. 98-282, eff. 1-1-14.)
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