(765 ILCS 605/31) (from Ch. 30, par. 331)
Sec. 31. Subdivision or combination of units. (a) As used in this Section, "combination of any units" means any 2 or more residential units to be used as a single unit as shown on the plat or amended plat, which may involve, without limitation, additional exclusive use of a portion of the common elements within the building adjacent to the combined unit (for example, without limitation, the use of a portion of an adjacent common hallway). (b) Unless the condominium
instruments expressly prohibit the subdivision or combination of any units,
and subject to additional limitations provided by the condominium instruments,
the owner or owners may, at their own expense, subdivide or combine and locate
or relocate common elements affected or required thereby, in accordance
with the provisions of the condominium instruments and the requirements
of this Act. The owner or owners shall make written application to the
board of managers, requesting an amendment to the condominium instruments,
setting forth in the application a proposed reallocation to the new units
of the percentage interest in the common elements, and setting forth whether
the limited common elements, if any, previously assigned to the unit to
be subdivided should be assigned to each new unit or to fewer than all of
the new units created and requesting, if desired in the event of a
combination of any units, that the new unit be granted the exclusive right to
use as a limited common element, a portion of the common elements within the
building adjacent to the new unit. If the transaction is approved by a
majority of the board of managers, it shall be effective upon (1) recording of
an amendment to condominium instruments in accordance with the provisions of
Sections 5 and 6 of this Act, and (2) execution by the owners of the units
involved. (c) In the event of a combination of any units, the amendment under subsection (b) may grant
the owner of the combined unit the exclusive right to use, as a limited common
element, a portion of the common elements within the building adjacent to the
new unit.
The request for the amendment shall be granted and the amendment shall grant
this exclusive right to use as a limited common element if the following
conditions are met:
(1) the common element for which the exclusive right |
(d) If the combined unit is divided, part of the original combined unit is
sold,
and the grant of the exclusive right to use as a limited common element is no
longer necessary, practical, or appropriate for the use and enjoyment of the
owner or owners of the original combined unit, the board may terminate the
grant of the exclusive right to use as a limited common element and require
that the owner or owners of the original combined unit restore the common area
to its condition prior to the grant of the exclusive right to use as a limited
common element. If the combined unit is sold without being divided, the grant
of the exclusive right to use as a limited common element shall apply to the
new owner or owners of the combined unit, who shall assume the rights and
responsibilities of the original owner or owners.
(e) Under this Section, the exclusive right to use as a limited common element any portion of the common elements that is not necessary or practical for use by the owners of any other units is not a diminution of the ownership interests of all other unit owners requiring unanimous consent of all unit owners under subsection (e) of Section 4 of this Act or any percentage set forth in the condominium instruments.
(f) Notwithstanding Section 27 of this Act and any other amendment provisions set forth in the condominium instruments, an amendment pursuant to this Section is effective if it meets the requirements set forth in this Section.
(Source: P.A. 100-292, eff. 1-1-18.)
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