Illinois General Assembly - Full Text of Public Act 099-0627
Illinois General Assembly

Previous General Assemblies

Public Act 099-0627


 

Public Act 0627 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0627
 
SB2741 EnrolledLRB099 18958 HEP 43347 b

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

Effective Date: 1/1/2017