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| Public Act 098-0282 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Condominium Property Act is amended by | ||||
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 | ||||
developer, and unless otherwise provided in this Act,
the | ||||
condominium instruments shall be amended only as follows: | ||||
(i) upon the
affirmative vote of 2/3 of those voting or | ||||
upon the majority
specified by the condominium | ||||
instruments, provided that in no event shall the | ||||
condominium instruments require more than a three-quarters | ||||
vote of all unit owners; and
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(ii) with the
approval of any mortgagees required under | ||||
the provisions of
the condominium instruments.
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Except in cases where this Act
provides different methods of | ||||
amendment or with respect to property whose
declaration is | ||||
recorded on or after July 1, 1984, no condominium instrument
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shall require more than a three-quarters
vote of unit owners to | ||||
amend the bylaws. Except to the extent
authorized by other | ||||
provisions of this Act, no amendment to the
condominium | ||||
instrument shall change the boundaries of any unit
or the | ||||
undivided interest in the common elements, the number of
votes | ||
in the unit owners' association, 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 declaration, | ||
bylaws
or other condominium instrument, the association may | ||
correct the error or
omission by an amendment to the | ||
declaration, bylaws, or other condominium
instrument in such | ||
respects as may be required to conform to this Act, and
any | ||
other applicable statute or to the declaration by vote of | ||
two-thirds
of the members of the Board of Managers or by a | ||
majority vote of the unit
owners at a meeting called for this | ||
purpose, unless the Act or the
condominium instruments | ||
specifically provide for greater percentages or
different | ||
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 | ||
common elements
or does not bear an appropriate share of the | ||
common expenses or that all
the common expenses or all of the | ||
common elements in the condominium have
not been distributed in | ||
the declaration, so that the sum total of the shares
of common | ||
elements 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
of | ||
Managers or a majority vote of the unit owners at a meeting | ||
called for
this purpose which proportionately adjusts all | ||
percentage interests so that
the total is equal to 100% unless | ||
the condominium instruments specifically
provide for a | ||
different procedure or different percentage vote by the owners
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of the units and the owners of mortgages thereon affected by | ||
modification
being made in the undivided interest in the common | ||
elements, the number
of votes in the unit owners association or | ||
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 | ||
declaration,
bylaws or other condominium instrument is | ||
corrected by vote of
two-thirds of the members of the
Board of | ||
Managers pursuant to the authority established in subsections | ||
(b)(1)
or (b)(2) of Section 27 of this Act, the Board upon | ||
written petition by
unit owners with 20 percent of the votes of | ||
the association filed within
30 days of the Board action shall | ||
call a meeting of the unit owners within
30 days of the filing | ||
of the petition to consider the Board action. Unless
a majority | ||
of the votes of the unit owners of the association are cast at | ||
the
meeting to reject the action, it is ratified whether or not | ||
a quorum is present.
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(4) The procedures for amendments set forth in this | ||
subsection (b) cannot be
used if such an amendment would | ||
materially or adversely affect property
rights of the unit | ||
owners unless the affected unit owners consent in writing.
This | ||
Section does not restrict the powers of the association to | ||
otherwise
amend the declaration, bylaws, or other condominium | ||
instruments, but authorizes
a simple process of amendment | ||
requiring a lesser vote for the purpose of
correcting defects, | ||
errors, or omissions when the property rights of the
unit | ||
owners are not materially or adversely affected.
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(5) If there is an omission or error in the declaration, | ||
bylaws, or other
condominium instruments, which may not be | ||
corrected by an amendment procedure
set forth in paragraphs (1) | ||
and (2) of subsection (b) of Section 27 in the
declaration then | ||
the Circuit Court in the County in which the condominium
is | ||
located shall have jurisdiction to hear a petition of one or | ||
more of the
unit owners thereon or of the association, to | ||
correct the error or omission,
and the action may be a class | ||
action. The court may require that one or
more methods of | ||
correcting the error or omission be submitted to the unit
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owners to determine the most acceptable correction. All unit | ||
owners in the
association must be joined as parties to the | ||
action. Service of process on
owners may be by publication, but | ||
the plaintiff shall furnish all unit
owners not personally | ||
served with process with copies of the petition and
final | ||
judgment of the court by certified mail return receipt | ||
requested, at
their last known address.
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(6) Nothing contained in this Section shall be construed to | ||
invalidate
any provision of a condominium instrument | ||
authorizing the developer to amend
a condominium instrument | ||
prior to the latest date on which the initial
membership | ||
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 | ||
with the legal
requirements of the Federal National Mortgage | ||
Association, the Federal Home
Loan Mortgage Corporation, the | ||
Federal Housing Administration, the United
States Veterans | ||
Administration or their respective successors and assigns.
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(Source: P.A. 94-886, eff. 6-20-06.)
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