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[ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
91_SB0242 LRB9101314KSgc 1 AN ACT to amend the Condominium Property Act by changing 2 Sections 18.2 and 18.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Condominium Property Act is amended by 6 changing Sections 18.2 and 18.5 as follows: 7 (765 ILCS 605/18.2) (from Ch. 30, par. 318.2) 8 Sec. 18.2. Administration of property prior to election 9 of initial board of managers. 10 (a) Until election of the initial board of managers that 11 is comprised of a majority of unit owners other than the 12 developer (first unit owner board of managers), the same 13 rights, titles, powers, privileges, trusts, duties and 14 obligations vested in or imposed upon the board of managers 15 by this Act and in the declaration and bylaws shall be held 16 and performed by the developer. 17 (b) (i) The election of the first unit owner board of 18 managers shall be held not later than 60 days after the 19 conveyance by the developer of 75% of the units, or 3 20 years after the recording of the declaration, whichever 21 is earlier. The developer shall give at least 21 days 22 notice of such meeting to elect the first unit owner 23 board of managers and shall provide to any unit owner 24 within 3 working days of the request, the names, 25 addresses, and weighted vote of each unit owner entitled 26 to vote at such meeting. Any unit owner shall be 27 provided with the same information within 10 days of 28 receipt of the request, with respect to each subsequent 29 meeting to elect members of the Board of Managers. 30 (ii) In the event the developer does not call a 31 meeting for the purpose of election of the board of -2- LRB9101314KSgc 1 managers within the time provided in this subsection (b), 2 unit owners holding 20% of the interest in the 3 association may call a meeting by filing a petition for 4 such meeting with the developer, after which said unit 5 owners shall have authority to send notice of said 6 meeting to the unit owners and to hold such meeting. 7 (c) If the first unit board of managers is not elected 8 at the time so established, the developer shall continue in 9 office for a period of 30 days whereupon written notice of 10 his resignation shall be sent to all of the unit owners 11 entitled to vote at such election. 12 (d) Within 60 days following the election of the first 13 unit owner board of managers, the developer shall deliver to 14 the board of managers: 15 (1) All original documents as recorded or filed 16 pertaining to the property, its administration, and the 17 association, such as the declaration, by-laws, articles 18 of incorporation, other condominium instruments, annual 19 reports, minutes and rules and regulations, contracts, 20 leases, or other agreements entered into by the 21 Association. If any original documents are unavailable, 22 a copy may be provided if certified by affidavit of the 23 developer, or an officer or agent of the developer, as 24 being a complete copy of the actual document recorded as 25 filed. 26 (2) A detailed accounting by the developer, setting 27 forth the source and nature of receipts and expenditures 28 in connection with the management, maintenance and 29 operation of the property and copies of all insurance 30 policies and a list of any loans or advances to the 31 association which are outstanding. 32 (3) Association funds, which shall have been at all 33 times segregated from any other moneys of the developer. 34 (4) A schedule of all real or personal property, -3- LRB9101314KSgc 1 equipment and fixtures belonging to the association, 2 including documents transferring the property, 3 warranties, if any, for all real and personal property 4 and equipment, deeds, title insurance policies, and all 5 tax bills. 6 (5) A list of all litigation, administrative action 7 and arbitrations involving the association, any notices 8 of governmental bodies involving actions taken or which 9 may be taken concerning the association, engineering and 10 architectural drawings and specifications as approved by 11 any governmental authority, all other documents filed 12 with any other governmental authority, all governmental 13 certificates, correspondence involving enforcement of any 14 association requirements, copies of any documents 15 relating to disputes involving unit owners, originals of 16 all documents relating to everything listed in this 17 subparagraph. 18 (e) Upon election of the first unit owner board of 19 managers, any contract, lease, or other agreement made prior 20 to the date of election of the first unit owner board by or 21 on behalf of unit owners, individually or collectively, the 22 unit owners' association, the board of managers, or the 23 developer or its affiliates which extends for a period of 24 more than 2 years from the date of the election, shall be 25 subject to cancellation by a majority of the votes of the 26 unit owners other than the developer cast at a special 27 meeting of members called for that purpose during the 180 day 28 period beginning on the date of the election of the first 29 unit owner board. At least 60 days prior to the expiration 30 of the 180 day cancellation period, the board of managers 31 shall send notice to every unit owner, notifying them of this 32 provision, what contracts, leases and other agreements are 33 affected, and the procedure for calling a meeting of the unit 34 owners for the purpose of voting on termination of such -4- LRB9101314KSgc 1 contracts, leases or other agreements. During the 180 day 2 cancellation period the other party to the contract, lease, 3 or other agreement shall also have the right of cancellation. 4 The cancellation shall be effective 30 days after mailing 5 notice by certified mail, return receipt requested, to the 6 last known address of the other parties to the contract, 7 lease, or other agreement. 8 (f) The statute of limitations for any actions in law or 9 equity which the condominium association may bring shall not 10 begin to run until the unit owners have elected a majority of 11 the members of the board of managers. 12 (g) If the developer fails to fully comply with 13 subsection (d) within the 60 days provided and fails to fully 14 comply within 10 days of written demand mailed by registered 15 or certified mail to his or her last known address, the board 16 may bring an action to compel compliance with subsection (d). 17 In the action, the developer shall have the burden of proving 18 that all deliveries required by subsection (d) were made 19 within the prescribed period. If the court finds that any of 20 the required deliveries were not made within the required 21 period, the board shall be entitled to recover its reasonable 22 attorneys' fees and costs incurred from and after the date of 23 expiration of the 10 day demand. 24 (Source: P.A. 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.) 25 (765 ILCS 605/18.5) (from Ch. 30, par. 318.5) 26 Sec. 18.5. Master Associations. 27 (a) If the declaration, other condominium instrument, or 28 other duly recorded covenants provide that any of the powers 29 of the unit owners associations are to be exercised by or may 30 be delegated to a nonprofit corporation or unincorporated 31 association that exercises those or other powers on behalf of 32 one or more condominiums, or for the benefit of the unit 33 owners of one or more condominiums, such corporation or -5- LRB9101314KSgc 1 association shall be a master association. 2 (b) There shall be included in the declaration, other 3 condominium instruments, or other duly recorded covenants 4 establishing the powers and duties of the master association 5 the provisions set forth in subsections (c) through (h). 6 In interpreting subsections (c) through (h), the courts 7 should interpret these provisions so that they are 8 interpreted consistently with the similar parallel provisions 9 found in other parts of this Act. 10 (c) Meetings and finances. 11 (1) Each unit owner of a condominium subject to the 12 authority of the board of the master association shall 13 receive, at least 30 days prior to the adoption thereof 14 by the board of the master association, a copy of the 15 proposed annual budget. 16 (2) The board of the master association shall 17 annually supply to all unit owners of condominiums 18 subject to the authority of the board of the master 19 association an itemized accounting of the common expenses 20 for the preceding year actually incurred or paid, 21 together with a tabulation of the amounts collected 22 pursuant to the budget or assessment, and showing the net 23 excess or deficit of income over expenditures plus 24 reserves. 25 (3) Each unit owner of a condominium subject to the 26 authority of the board of the master association shall 27 receive written notice mailed or delivered no less than 28 10 and no more than 30 days prior to any meeting of the 29 board of the master association concerning the adoption 30 of the proposed annual budget or any increase in the 31 budget, or establishment of an assessment. 32 (4) Meetings of the board of the master association 33 shall be open to any unit owner in a condominium subject 34 to the authority of the board of the master association, -6- LRB9101314KSgc 1 except for the portion of any meeting held: 2 (A) to discuss litigation when an action 3 against or on behalf of the particular master 4 association has been filed and is pending in a court 5 or administrative tribunal, or when the board of the 6 master association finds that such an action is 7 probable or imminent, 8 (B) to consider information regarding 9 appointment, employment or dismissal of an employee, 10 or 11 (C) to discuss violations of rules and 12 regulations of the master association or unpaid 13 common expenses owed to the master association. 14 Any vote on these matters shall be taken at a meeting or 15 portion thereof open to any unit owner of a condominium 16 subject to the authority of the master association. 17 Any unit owner may record the proceedings at 18 meetings required to be open by this Act by tape, film or 19 other means; the board may prescribe reasonable rules and 20 regulations to govern the right to make such recordings. 21 Notice of meetings shall be mailed or delivered at least 22 48 hours prior thereto, unless a written waiver of such 23 notice is signed by the persons entitled to notice before 24 the meeting is convened. Copies of notices of meetings 25 of the board of the master association shall be posted in 26 entranceways, elevators, or other conspicuous places in 27 the condominium at least 48 hours prior to the meeting of 28 the board of the master association. Where there is no 29 common entranceway for 7 or more units, the board of the 30 master association may designate one or more locations in 31 the proximity of these units where the notices of 32 meetings shall be posted. 33 (5) If the declaration provides for election by 34 unit owners of members of the board of directors in the -7- LRB9101314KSgc 1 event of a resale of a unit in the master association, 2 the purchaser of a unit from a seller other than the 3 developer pursuant to an installment contract for 4 purchase shall, during such times as he or she resides in 5 the unit, be counted toward a quorum for purposes of 6 election of members of the board of directors at any 7 meeting of the unit owners called for purposes of 8 electing members of the board, and shall have the right 9 to vote for the election of members of the board of 10 directors and to be elected to and serve on the board of 11 directors unless the seller expressly retains in writing 12 any or all of those rights. In no event may the seller 13 and purchaser both be counted toward a quorum, be 14 permitted to vote for a particular office, or be elected 15 and serve on the board. Satisfactory evidence of the 16 installment contract shall be made available to the 17 association or its agents. For purposes of this 18 subsection, "installment contract" shall have the same 19 meaning as set forth in subsection (e) of Section 1 of 20 the Dwelling Unit Installment Contract Act. 21 (6) The board of the master association shall have 22 the authority to establish and maintain a system of 23 master metering of public utility services and to collect 24 payments in connection therewith, subject to the 25 requirements of the Tenant Utility Payment Disclosure 26 Act. 27 (7) The board of the master association or a common 28 interest community association shall have the power, 29 after notice and an opportunity to be heard, to levy and 30 collect reasonable fines from members for violations of 31 the declaration, bylaws, and rules and regulations of the 32 master association or the common interest community 33 association. Nothing contained in this subdivision (7) 34 shall give rise to a statutory lien for unpaid fines. -8- LRB9101314KSgc 1 (d) Records. 2 (1) The board of the master association shall 3 maintain the following records of the association and 4 make them available for examination and copying at 5 convenient hours of weekdays by any unit owners in a 6 condominium subject to the authority of the board or 7 their mortgagees and their duly authorized agents or 8 attorneys: 9 (i) Copies of the recorded declaration, other 10 condominium instruments, other duly recorded 11 covenants and bylaws and any amendments, articles of 12 incorporation of the master association, annual 13 reports and any rules and regulations adopted by the 14 master association or its board shall be available. 15 Prior to the organization of the master association, 16 the developer shall maintain and make available the 17 records set forth in this subdivision (d)(1) for 18 examination and copying. 19 (ii) Detailed and accurate records in 20 chronological order of the receipts and expenditures 21 affecting the common areas, specifying and itemizing 22 the maintenance and repair expenses of the common 23 areas and any other expenses incurred, and copies of 24 all contracts, leases, or other agreements entered 25 into by the master association, shall be maintained. 26 (iii) The minutes of all meetings of the 27 master association and the board of the master 28 association shall be maintained for not less than 7 29 years. 30 (iv) Ballots and proxies related thereto, if 31 any, for any election held for the board of the 32 master association and for any other matters voted 33 on by the unit owners shall be maintained for not 34 less than one year. -9- LRB9101314KSgc 1 (v) Such other records of the master 2 association as are available for inspection by 3 members of a not-for-profit corporation pursuant to 4 Section 107.75 of the General Not For Profit 5 Corporation Act of 1986 shall be maintained. 6 (vi) With respect to units owned by a land 7 trust, if a trustee designates in writing a person 8 to cast votes on behalf of the unit owner, the 9 designation shall remain in effect until a 10 subsequent document is filed with the association. 11 (2) Where a request for records under this 12 subsection is made in writing to the board of managers or 13 its agent, failure to provide the requested record or to 14 respond within 30 days shall be deemed a denial by the 15 board of directors. 16 (3) A reasonable fee may be charged by the master 17 association or its board for the cost of copying. 18 (4) If the board of directors fails to provide 19 records properly requested under subdivision (d)(1) 20 within the time period provided in subdivision (d)(2), 21 the unit owner may seek appropriate relief, including an 22 award of attorney's fees and costs. 23 (e) The board of directors shall have standing and 24 capacity to act in a representative capacity in relation to 25 matters involving the common areas of the master association 26 or more than one unit, on behalf of the unit owners as their 27 interests may appear. 28 (f) Administration of property prior to election of the 29 initial board of directors. 30 (1) Until the election, by the unit owners or the 31 boards of managers of the underlying condominium 32 associations, of the initial board of directors of a 33 master association whose declaration is recorded on or 34 after August 10, 1990, the same rights, titles, powers, -10- LRB9101314KSgc 1 privileges, trusts, duties and obligations that are 2 vested in or imposed upon the board of directors by this 3 Act or in the declaration or other duly recorded covenant 4 shall be held and performed by the developer. 5 (2) The election of the initial board of directors 6 of a master association whose declaration is recorded on 7 or after August 10, 1990, by the unit owners or the 8 boards of managers of the underlying condominium 9 associations, shall be held not later than 60 days after 10 the conveyance by the developer of 75% of the units, or 3 11 years after the recording of the declaration, whichever 12 is earlier. The developer shall give at least 21 days 13 notice of the meeting to elect the initial board of 14 directors and shall upon request provide to any unit 15 owner, within 3 working days of the request, the names, 16 addresses, and weighted vote of each unit owner entitled 17 to vote at the meeting. Any unit owner shall upon 18 receipt of the request be provided with the same 19 information, within 10 days of the request, with respect 20 to each subsequent meeting to elect members of the board 21 of directors. 22 (3) If the initial board of directors of a master 23 association whose declaration is recorded on or after 24 August 10, 1990 is not elected by the unit owners or the 25 members of the underlying condominium association board 26 of managers at the time established in subdivision 27 (f)(2), the developer shall continue in office for a 28 period of 30 days, whereupon written notice of his 29 resignation shall be sent to all of the unit owners or 30 members of the underlying condominium board of managers 31 entitled to vote at an election for members of the board 32 of directors. 33 (4) Within 60 days following the election of a 34 majority of the board of directors, other than the -11- LRB9101314KSgc 1 developer, by unit owners, the developer shall deliver to 2 the board of directors: 3 (i) All original documents as recorded or 4 filed pertaining to the property, its 5 administration, and the association, such as the 6 declaration, articles of incorporation, other 7 instruments, annual reports, minutes, rules and 8 regulations, and contracts, leases, or other 9 agreements entered into by the association. If any 10 original documents are unavailable, a copy may be 11 provided if certified by affidavit of the developer, 12 or an officer or agent of the developer, as being a 13 complete copy of the actual document recorded or 14 filed. 15 (ii) A detailed accounting by the developer, 16 setting forth the source and nature of receipts and 17 expenditures in connection with the management, 18 maintenance and operation of the property, copies of 19 all insurance policies, and a list of any loans or 20 advances to the association which are outstanding. 21 (iii) Association funds, which shall have been 22 at all times segregated from any other moneys of the 23 developer. 24 (iv) A schedule of all real or personal 25 property, equipment and fixtures belonging to the 26 association, including documents transferring the 27 property, warranties, if any, for all real and 28 personal property and equipment, deeds, title 29 insurance policies, and all tax bills. 30 (v) A list of all litigation, administrative 31 action and arbitrations involving the association, 32 any notices of governmental bodies involving actions 33 taken or which may be taken concerning the 34 association, engineering and architectural drawings -12- LRB9101314KSgc 1 and specifications as approved by any governmental 2 authority, all other documents filed with any other 3 governmental authority, all governmental 4 certificates, correspondence involving enforcement 5 of any association requirements, copies of any 6 documents relating to disputes involving unit 7 owners, and originals of all documents relating to 8 everything listed in this subparagraph. 9 (vi) If the developer fails to fully comply 10 with this paragraph (4) within the 60 days provided 11 and fails to fully comply within 10 days of written 12 demand mailed by registered or certified mail to his 13 or her last known address, the board may bring an 14 action to compel compliance with this paragraph (4). 15 In the action, the developer shall have the burden 16 of proving that all deliveries required by 17 subparagraphs (i) through (v) were made within the 18 prescribed period. If the court finds that any of 19 the required deliveries were not made within the 20 required period, the board shall be entitled to 21 recover its reasonable attorneys' fees and costs 22 incurred from and after the date of expiration of 23 the 10 day demand. 24 (5) With respect to any master association whose 25 declaration is recorded on or after August 10, 1990, any 26 contract, lease, or other agreement made prior to the 27 election of a majority of the board of directors other 28 than the developer by or on behalf of unit owners or 29 underlying condominium associations, the association or 30 the board of directors, which extends for a period of 31 more than 2 years from the recording of the declaration, 32 shall be subject to cancellation by more than 1/2 of the 33 votes of the unit owners, other than the developer, cast 34 at a special meeting of members called for that purpose -13- LRB9101314KSgc 1 during a period of 90 days prior to the expiration of the 2 2 year period if the board of managers is elected by the 3 unit owners, otherwise by more than 1/2 of the underlying 4 condominium board of managers. At least 60 days prior to 5 the expiration of the 2 year period, the board of 6 directors, or, if the board is still under developer 7 control, then the board of managers or the developer 8 shall send notice to every unit owner or underlying 9 condominium board of managers, notifying them of this 10 provision, of what contracts, leases and other agreements 11 are affected, and of the procedure for calling a meeting 12 of the unit owners or for action by the underlying 13 condominium board of managers for the purpose of acting 14 to terminate such contracts, leases or other agreements. 15 During the 90 day period the other party to the contract, 16 lease, or other agreement shall also have the right of 17 cancellation. 18 (6) The statute of limitations for any actions in 19 law or equity which the master association may bring 20 shall not begin to run until the unit owners or 21 underlying condominium board of managers have elected a 22 majority of the members of the board of directors. 23 (g) In the event of any resale of a unit in a master 24 association by a unit owner other than the developer, the 25 owner shall obtain from the board of directors and shall make 26 available for inspection to the prospective purchaser, upon 27 demand, the following: 28 (1) A copy of the declaration, other instruments 29 and any rules and regulations. 30 (2) A statement of any liens, including a statement 31 of the account of the unit setting forth the amounts of 32 unpaid assessments and other charges due and owing. 33 (3) A statement of any capital expenditures 34 anticipated by the association within the current or -14- LRB9101314KSgc 1 succeeding 2 fiscal years. 2 (4) A statement of the status and amount of any 3 reserve for replacement fund and any portion of such fund 4 earmarked for any specified project by the board of 5 directors. 6 (5) A copy of the statement of financial condition 7 of the association for the last fiscal year for which 8 such a statement is available. 9 (6) A statement of the status of any pending suits 10 or judgments in which the association is a party. 11 (7) A statement setting forth what insurance 12 coverage is provided for all unit owners by the 13 association. 14 (8) A statement that any improvements or 15 alterations made to the unit, or any part of the common 16 areas assigned thereto, by the prior unit owner are in 17 good faith believed to be in compliance with the 18 declaration of the master association. 19 The principal officer of the unit owner's association or 20 such other officer as is specifically designated shall 21 furnish the above information when requested to do so in 22 writing, within 30 days of receiving the request. 23 A reasonable fee covering the direct out-of-pocket cost 24 of copying and providing such information may be charged by 25 the association or its board of directors to the unit seller 26 for providing the information. 27 (h) Errors and omissions. 28 (1) If there is an omission or error in the 29 declaration or other instrument of the master 30 association, the master association may correct the error 31 or omission by an amendment to the declaration or other 32 instrument, as may be required to conform it to this Act, 33 to any other applicable statute, or to the declaration. 34 The amendment shall be adopted by vote of two-thirds of -15- LRB9101314KSgc 1 the members of the board of directors or by a majority 2 vote of the unit owners at a meeting called for that 3 purpose, unless the Act or the declaration of the master 4 association specifically provides for greater percentages 5 or different procedures. 6 (2) If, through a scrivener's error, a unit has not 7 been designated as owning an appropriate undivided share 8 of the common areas or does not bear an appropriate share 9 of the common expenses, or if all of the common expenses 10 or all of the common elements in the condominium have not 11 been distributed in the declaration, so that the sum 12 total of the shares of common areas which have been 13 distributed or the sum total of the shares of the common 14 expenses fail to equal 100%, or if it appears that more 15 than 100% of the common elements or common expenses have 16 been distributed, the error may be corrected by operation 17 of law by filing an amendment to the declaration, 18 approved by vote of two-thirds of the members of the 19 board of directors or a majority vote of the unit owners 20 at a meeting called for that purpose, which 21 proportionately adjusts all percentage interests so that 22 the total is equal to 100%, unless the declaration 23 specifically provides for a different procedure or 24 different percentage vote by the owners of the units and 25 the owners of mortgages thereon affected by modification 26 being made in the undivided interest in the common areas, 27 the number of votes in the unit owners association or the 28 liability for common expenses appertaining to the unit. 29 (3) If an omission or error or a scrivener's error 30 in the declaration or other instrument is corrected by 31 vote of two-thirds of the members of the board of 32 directors pursuant to the authority established in 33 subdivisions (h)(1) or (h)(2) of this Section, the board, 34 upon written petition by unit owners with 20% of the -16- LRB9101314KSgc 1 votes of the association or resolutions adopted by the 2 board of managers or board of directors of the 3 condominium and common interest community associations 4 which select 20% of the members of the board of directors 5 of the master association, whichever is applicable, 6 received within 30 days of the board action, shall call a 7 meeting of the unit owners or the boards of the 8 condominium and common interest community associations 9 which select members of the board of directors of the 10 master association within 30 days of the filing of the 11 petition or receipt of the condominium and common 12 interest community association resolution to consider the 13 board action. Unless a majority of the votes of the unit 14 owners of the association are cast at the meeting to 15 reject the action, or board of managers or board of 16 directors of condominium and common interest community 17 associations which select over 50% of the members of the 18 board of the master association adopt resolutions prior 19 to the meeting rejecting the action of the board of 20 directors of the master association, it is ratified 21 whether or not a quorum is present. 22 (4) The procedures for amendments set forth in this 23 subsection (h) cannot be used if such an amendment would 24 materially or adversely affect property rights of the 25 unit owners unless the affected unit owners consent in 26 writing. This Section does not restrict the powers of 27 the association to otherwise amend the declaration, 28 bylaws, or other condominium instruments, but authorizes 29 a simple process of amendment requiring a lesser vote for 30 the purpose of correcting defects, errors, or omissions 31 when the property rights of the unit owners are not 32 materially or adversely affected. 33 (5) If there is an omission or error in the 34 declaration or other instruments that may not be -17- LRB9101314KSgc 1 corrected by an amendment procedure set forth in 2 subdivision (h)(1) or (h)(2) of this Section, then the 3 circuit court in the county in which the master 4 association is located shall have jurisdiction to hear a 5 petition of one or more of the unit owners thereon or of 6 the association, to correct the error or omission, and 7 the action may be a class action. The court may require 8 that one or more methods of correcting the error or 9 omission be submitted to the unit owners to determine the 10 most acceptable correction. All unit owners in the 11 association must be joined as parties to the action. 12 Service of process on owners may be by publication, but 13 the plaintiff shall furnish all unit owners not 14 personally served with process with copies of the 15 petition and final judgment of the court by certified 16 mail, return receipt requested, at their last known 17 address. 18 (6) Nothing contained in this Section shall be 19 construed to invalidate any provision of a declaration 20 authorizing the developer to amend an instrument prior to 21 the latest date on which the initial membership meeting 22 of the unit owners must be held, whether or not it has 23 actually been held, to bring the instrument into 24 compliance with the legal requirements of the Federal 25 National Mortgage Association, the Federal Home Loan 26 Mortgage Corporation, the Federal Housing Administration, 27 the United States Veterans Administration or their 28 respective successors and assigns. 29 (i) The provisions of subsections (c) through (h) are 30 applicable to all declarations, other condominium 31 instruments, and other duly recorded covenants establishing 32 the powers and duties of the master association recorded 33 under this Act. Any portion of a declaration, other 34 condominium instrument, or other duly recorded covenant -18- LRB9101314KSgc 1 establishing the powers and duties of a master association 2 which contains provisions contrary to the provisions of 3 subsection (c) through (h) shall be void as against public 4 policy and ineffective. Any declaration, other condominium 5 instrument, or other duly recorded covenant establishing the 6 powers and duties of the master association which fails to 7 contain the provisions required by subsections (c) through 8 (h) shall be deemed to incorporate such provisions by 9 operation of law. 10 (j) The provisions of subsections (c) through (h) are 11 applicable to all common interest community associations and 12 their unit owners for common interest community associations 13 which are subject to the provisions of Section 9-102(a)(8) of 14 the Code of Civil Procedure. For purposes of this 15 subsection, the terms "common interest community" and "unit 16 owners" shall have the same meaning as set forth in Section 17 9-102(c) of the Code of Civil Procedure. 18 (Source: P.A. 89-41, eff. 6-23-95; 90-229, eff. 7-25-97.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.