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| [ Senate Amendment 001 ] |
90_SB0358sam002
LRB9002826NTsbam01
1 AMENDMENT TO SENATE BILL 358
2 AMENDMENT NO. . Amend Senate Bill 358 by replacing
3 the title with the following:
4 "AN ACT to amend the Condominium Property Act by changing
5 Section 31."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Condominium Property Act is amended by
9 changing Section 31 as follows:
10 (765 ILCS 605/31) (from Ch. 30, par. 331)
11 Sec. 31. Subdivision or combination of units. Unless
12 the condominium instruments expressly prohibit the
13 subdivision or combination of any units, and subject to
14 additional limitations provided by the condominium
15 instruments, the owner or owners may, at their own expense,
16 subdivide or combine and locate or relocate common elements
17 affected or required thereby, in accordance with the
18 provisions of the condominium instruments and the
19 requirements of this Act. The owner or owners shall make
20 written application to the board of managers, requesting an
21 amendment to the condominium instruments, setting forth in
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1 the application a proposed reallocation to the new units of
2 the percentage interest in the common elements, and setting
3 forth whether the limited common elements, if any, previously
4 assigned to the unit to be subdivided should be assigned to
5 each new unit or to fewer than all of the new units created
6 and requesting, if desired in the event of a combination of
7 any units, that the new unit be granted the exclusive right
8 to use as a limited common element, a portion of the common
9 elements within the building adjacent to the new unit. If
10 the transaction is approved by a majority of the board of
11 managers, it shall be effective upon (1) recording of an
12 amendment to condominium instruments in accordance with the
13 provisions of Sections 5 and 6 of this Act, and (2) execution
14 by the owners of the units involved. In the event of a
15 combination of any units, the amendment may grant the owner
16 of the combined unit the exclusive right to use, as a limited
17 common element, a portion of the common elements within the
18 building adjacent to the new unit. The request for the
19 amendment shall be granted and the amendment shall grant this
20 exclusive right to use as a limited common element if the
21 following conditions are met:
22 (1) the common element for which the exclusive
23 right to use as a limited common element is sought is not
24 necessary or practical for use by the owners of any units
25 other than the owner or owners of the combined unit; and
26 (2) the owner or owners of the combined unit are
27 responsible for any and all costs associated with the
28 renovation, modification, or other adaptation performed
29 as a result of the granting of the exclusive right to use
30 as a limited common element.
31 If the combined unit is divided, part of the original
32 combined unit is sold, and the grant of the exclusive right
33 to use as a limited common element is no longer necessary,
34 practical, or appropriate for the use and enjoyment of the
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1 owner or owners of the original combined unit, the board may
2 terminate the grant of the exclusive right to use as a
3 limited common element and require that the owner or owners
4 of the original combined unit restore the common area to its
5 condition prior to the grant of the exclusive right to use as
6 a limited common element. If the combined unit is sold
7 without being divided, the grant of the exclusive right to
8 use as a limited common element shall apply to the new owner
9 or owners of the combined unit, who shall assume the rights
10 and responsibilities of the original owner or owners.
11 (Source: P.A. 88-417.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".