Full Text of HB5267 94th General Assembly
HB5267enr 94TH GENERAL ASSEMBLY
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HB5267 Enrolled |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Condominium Property Act is amended by | 5 |
| changing Section 27 as follows:
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| (765 ILCS 605/27) (from Ch. 30, par. 327)
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| Sec. 27. (a) If there is any unit owner other than the | 8 |
| developer,
the condominium instruments shall be amended only as | 9 |
| follows: | 10 |
| (i) upon the
affirmative vote of 2/3 of those voting or | 11 |
| upon the majority
specified by the condominium | 12 |
| instruments, provided that in no event shall the | 13 |
| condominium instruments require more than a three-quarters | 14 |
| vote of unit owners; and
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| (ii)
together with the
approval of any mortgagees | 16 |
| required under the provisions of
the condominium | 17 |
| instruments .
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| Except
, except in cases where this Act
provides different | 19 |
| methods of amendment or with respect to property whose
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| declaration is recorded on or after July 1, 1984, no | 21 |
| condominium instrument
shall require more than a | 22 |
| three-quarters
vote of unit owners to amend the bylaws. Except | 23 |
| to the extent
authorized by other provisions of this Act, no | 24 |
| amendment to the
condominium instrument shall change the | 25 |
| boundaries of any unit
or the undivided interest in the common | 26 |
| elements, the number of
votes in the unit owners' association, | 27 |
| or the liability for
common expenses appertaining to a unit.
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| (b) (1) If there is an omission or error in the | 29 |
| declaration, bylaws
or other condominium instrument, the | 30 |
| association may correct the error or
omission by an amendment | 31 |
| to the declaration, bylaws, or other condominium
instrument in | 32 |
| such respects as may be required to conform to this Act, and
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HB5267 Enrolled |
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| any other applicable statute or to the declaration by vote of | 2 |
| two-thirds
of the members of the Board of Managers or by a | 3 |
| majority vote of the unit
owners at a meeting called for this | 4 |
| purpose, unless the Act or the
condominium instruments | 5 |
| specifically provide for greater percentages or
different | 6 |
| procedures.
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| (2) If through a scrivener's error, a unit has not been
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| designated as owning an appropriate undivided share of the | 9 |
| common elements
or does not bear an appropriate share of the | 10 |
| common expenses or that all
the common expenses or all of the | 11 |
| common elements in the condominium have
not been distributed in | 12 |
| the declaration, so that the sum total of the shares
of common | 13 |
| elements which have been distributed or the sum total of the | 14 |
| shares
of the common expenses fail to equal 100%, or if it | 15 |
| appears that more than
100% of the common elements or common | 16 |
| expenses have been distributed, the
error may be corrected by | 17 |
| operation of law by filing an amendment to the
declaration | 18 |
| approved by vote of two-thirds of the members of the Board
of | 19 |
| Managers or a majority vote of the unit owners at a meeting | 20 |
| called for
this purpose which proportionately adjusts all | 21 |
| percentage interests so that
the total is equal to 100% unless | 22 |
| the condominium instruments specifically
provide for a | 23 |
| different procedure or different percentage vote by the owners
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| of the units and the owners of mortgages thereon affected by | 25 |
| modification
being made in the undivided interest in the common | 26 |
| elements, the number
of votes in the unit owners association or | 27 |
| the liability for common expenses
appertaining to the unit.
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| (3) If an omission or error or a scrivener's error in the | 29 |
| declaration,
bylaws or other condominium instrument is | 30 |
| corrected by vote of
two-thirds of the members of the
Board of | 31 |
| Managers pursuant to the authority established in subsections | 32 |
| (b)(1)
or (b)(2) of Section 27 of this Act, the Board upon | 33 |
| written petition by
unit owners with 20 percent of the votes of | 34 |
| the association filed within
30 days of the Board action shall | 35 |
| call a meeting of the unit owners within
30 days of the filing | 36 |
| of the petition to consider the Board action. Unless
a majority |
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| of the votes of the unit owners of the association are cast at | 2 |
| the
meeting to reject the action, it is ratified whether or not | 3 |
| a quorum is present.
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| (4) The procedures for amendments set forth in this | 5 |
| subsection (b) cannot be
used if such an amendment would | 6 |
| materially or adversely affect property
rights of the unit | 7 |
| owners unless the affected unit owners consent in writing.
This | 8 |
| Section does not restrict the powers of the association to | 9 |
| otherwise
amend the declaration, bylaws, or other condominium | 10 |
| instruments, but authorizes
a simple process of amendment | 11 |
| requiring a lesser vote for the purpose of
correcting defects, | 12 |
| errors, or omissions when the property rights of the
unit | 13 |
| owners are not materially or adversely affected.
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| (5) If there is an omission or error in the declaration, | 15 |
| bylaws, or other
condominium instruments, which may not be | 16 |
| corrected by an amendment procedure
set forth in paragraphs (1) | 17 |
| and (2) of subsection (b) of Section 27 in the
declaration then | 18 |
| the Circuit Court in the County in which the condominium
is | 19 |
| located shall have jurisdiction to hear a petition of one or | 20 |
| more of the
unit owners thereon or of the association, to | 21 |
| correct the error or omission,
and the action may be a class | 22 |
| action. The court may require that one or
more methods of | 23 |
| correcting the error or omission be submitted to the unit
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| owners to determine the most acceptable correction. All unit | 25 |
| owners in the
association must be joined as parties to the | 26 |
| action. Service of process on
owners may be by publication, but | 27 |
| the plaintiff shall furnish all unit
owners not personally | 28 |
| served with process with copies of the petition and
final | 29 |
| judgment of the court by certified mail return receipt | 30 |
| requested, at
their last known address.
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| (6) Nothing contained in this Section shall be construed to | 32 |
| invalidate
any provision of a condominium instrument | 33 |
| authorizing the developer to amend
a condominium instrument | 34 |
| prior to the latest date on which the initial
membership | 35 |
| meeting of the unit owners must be held, whether or nor it has
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| actually been held, to bring the instrument into compliance |
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HB5267 Enrolled |
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| with the legal
requirements of the Federal National Mortgage | 2 |
| Association, the Federal Home
Loan Mortgage Corporation, the | 3 |
| Federal Housing Administration, the United
States Veterans | 4 |
| Administration or their respective successors and assigns.
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| (Source: P.A. 84-545.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law. |
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