Full Text of SB2741 99th General Assembly
SB2741enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Common Interest Community Association Act is | 5 | | amended by changing Section 1-60 as follows: | 6 | | (765 ILCS 160/1-60)
| 7 | | Sec. 1-60. Errors , and omissions , and inconsistencies . | 8 | | (a) If a provision of the community instruments does not | 9 | | conform to this Act or to another applicable law because of an | 10 | | error, omission, or inconsistency in the community instruments | 11 | | of the association, the association may correct the error, | 12 | | omission, or inconsistency to conform the community | 13 | | instruments to this Act or to another applicable law by an | 14 | | amendment adopted by vote of two-thirds of the board of | 15 | | directors, without a membership vote. A provision in the | 16 | | community instruments requiring members of record to vote to | 17 | | approve an amendment to the community instruments, or for the | 18 | | members of record to be given notice of an amendment to the | 19 | | community instruments, does not apply to an amendment that | 20 | | corrects an omission, error, or inconsistency to conform the | 21 | | community instruments to this Act or to another applicable law. | 22 | | there is an omission or error in the declaration or other | 23 | | instrument of the association, the association may correct the |
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| 1 | | error or omission by an amendment to the declaration or other | 2 | | instrument, as may be required to conform it to this Act, to | 3 | | any other applicable statute, or to the declaration. The | 4 | | amendment shall be adopted by vote of two-thirds of the members | 5 | | of the board of directors or by a majority vote of the members | 6 | | at a meeting called for that purpose, unless the Act or the | 7 | | declaration of the association specifically provides for | 8 | | greater percentages or different procedures. | 9 | | (b) If, through a scrivener's error, a unit has not been | 10 | | designated as owning an appropriate undivided share of the | 11 | | common areas or does not bear an appropriate share of the | 12 | | common expenses, or if all of the common expenses or all of the | 13 | | common elements have not been distributed in the declaration, | 14 | | so that the sum total of the shares of common areas which have | 15 | | been distributed or the sum total of the shares of the common | 16 | | expenses fail to equal 100%, or if it appears that more than | 17 | | 100% of the common elements or common expenses have been | 18 | | distributed, the error may be corrected by operation of law by | 19 | | filing an amendment to the declaration, approved by vote of | 20 | | two-thirds of the members of the board or a majority vote of | 21 | | the members at a meeting called for that purpose, which | 22 | | proportionately adjusts all percentage interests so that the | 23 | | total is equal to 100%, unless the declaration specifically | 24 | | provides for a different procedure or different percentage vote | 25 | | by the owners of the units and the owners of mortgages thereon | 26 | | affected by modification being made in the undivided interest |
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| 1 | | in the common areas, the number of votes in the association or | 2 | | the liability for common expenses appertaining to the unit.
| 3 | | (c) If a scrivener's error in the declaration or other | 4 | | instrument is corrected by vote of two-thirds of the members of | 5 | | the board pursuant to the authority established in subsection | 6 | | (a) or subsection (b), the board, upon written petition by | 7 | | members with 20% of the votes of the association received | 8 | | within 30 days of the board action, shall call a meeting of the | 9 | | members within 30 days of the filing of the petition to | 10 | | consider the board action. Unless a majority of the votes of | 11 | | the members of the association are cast at the meeting to | 12 | | reject the action, it is ratified whether or not a quorum is | 13 | | present.
| 14 | | (d) Nothing contained in this Section shall be construed to | 15 | | invalidate any provision of a declaration authorizing the | 16 | | developer to amend an instrument prior to the latest date on | 17 | | which the initial membership meeting of the members must be | 18 | | held, whether or not it has actually been held, to bring the | 19 | | instrument into compliance with the legal requirements of the | 20 | | Federal National Mortgage Association, the Federal Home Loan | 21 | | Mortgage Corporation, the Federal Housing Administration, the | 22 | | United States Department of Veterans Affairs, or their | 23 | | respective successors and assigns.
| 24 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 25 | | 97-1090, eff. 8-24-12.)
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