State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ 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.

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