SB1344 EngrossedLRB099 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 Engrossed- 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.)