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| Public Act 099-0627 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Common Interest Community Association Act is | ||||
amended by changing Section 1-60 as follows: | ||||
(765 ILCS 160/1-60)
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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.
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(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.
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(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.
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(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | ||
97-1090, eff. 8-24-12.)
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