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91_SB0242eng SB242 Engrossed 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 SB242 Engrossed -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, SB242 Engrossed -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 SB242 Engrossed -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 If the court finds that any of the required deliveries were 18 not made within the required period, the board shall be 19 entitled to recover its reasonable attorneys' fees and costs 20 incurred from and after the date of expiration of the 10 day 21 demand. 22 (Source: P.A. 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.) 23 (765 ILCS 605/18.5) (from Ch. 30, par. 318.5) 24 Sec. 18.5. Master Associations. 25 (a) If the declaration, other condominium instrument, or 26 other duly recorded covenants provide that any of the powers 27 of the unit owners associations are to be exercised by or may 28 be delegated to a nonprofit corporation or unincorporated 29 association that exercises those or other powers on behalf of 30 one or more condominiums, or for the benefit of the unit 31 owners of one or more condominiums, such corporation or 32 association shall be a master association. 33 (b) There shall be included in the declaration, other SB242 Engrossed -5- LRB9101314KSgc 1 condominium instruments, or other duly recorded covenants 2 establishing the powers and duties of the master association 3 the provisions set forth in subsections (c) through (h). 4 In interpreting subsections (c) through (h), the courts 5 should interpret these provisions so that they are 6 interpreted consistently with the similar parallel provisions 7 found in other parts of this Act. 8 (c) Meetings and finances. 9 (1) Each unit owner of a condominium subject to the 10 authority of the board of the master association shall 11 receive, at least 30 days prior to the adoption thereof 12 by the board of the master association, a copy of the 13 proposed annual budget. 14 (2) The board of the master association shall 15 annually supply to all unit owners of condominiums 16 subject to the authority of the board of the master 17 association an itemized accounting of the common expenses 18 for the preceding year actually incurred or paid, 19 together with a tabulation of the amounts collected 20 pursuant to the budget or assessment, and showing the net 21 excess or deficit of income over expenditures plus 22 reserves. 23 (3) Each unit owner of a condominium subject to the 24 authority of the board of the master association shall 25 receive written notice mailed or delivered no less than 26 10 and no more than 30 days prior to any meeting of the 27 board of the master association concerning the adoption 28 of the proposed annual budget or any increase in the 29 budget, or establishment of an assessment. 30 (4) Meetings of the board of the master association 31 shall be open to any unit owner in a condominium subject 32 to the authority of the board of the master association, 33 except for the portion of any meeting held: 34 (A) to discuss litigation when an action SB242 Engrossed -6- LRB9101314KSgc 1 against or on behalf of the particular master 2 association has been filed and is pending in a court 3 or administrative tribunal, or when the board of the 4 master association finds that such an action is 5 probable or imminent, 6 (B) to consider information regarding 7 appointment, employment or dismissal of an employee, 8 or 9 (C) to discuss violations of rules and 10 regulations of the master association or unpaid 11 common expenses owed to the master association. 12 Any vote on these matters shall be taken at a meeting or 13 portion thereof open to any unit owner of a condominium 14 subject to the authority of the master association. 15 Any unit owner may record the proceedings at 16 meetings required to be open by this Act by tape, film or 17 other means; the board may prescribe reasonable rules and 18 regulations to govern the right to make such recordings. 19 Notice of meetings shall be mailed or delivered at least 20 48 hours prior thereto, unless a written waiver of such 21 notice is signed by the persons entitled to notice before 22 the meeting is convened. Copies of notices of meetings 23 of the board of the master association shall be posted in 24 entranceways, elevators, or other conspicuous places in 25 the condominium at least 48 hours prior to the meeting of 26 the board of the master association. Where there is no 27 common entranceway for 7 or more units, the board of the 28 master association may designate one or more locations in 29 the proximity of these units where the notices of 30 meetings shall be posted. 31 (5) If the declaration provides for election by 32 unit owners of members of the board of directors in the 33 event of a resale of a unit in the master association, 34 the purchaser of a unit from a seller other than the SB242 Engrossed -7- LRB9101314KSgc 1 developer pursuant to an installment contract for 2 purchase shall, during such times as he or she resides in 3 the unit, be counted toward a quorum for purposes of 4 election of members of the board of directors at any 5 meeting of the unit owners called for purposes of 6 electing members of the board, and shall have the right 7 to vote for the election of members of the board of 8 directors and to be elected to and serve on the board of 9 directors unless the seller expressly retains in writing 10 any or all of those rights. In no event may the seller 11 and purchaser both be counted toward a quorum, be 12 permitted to vote for a particular office, or be elected 13 and serve on the board. Satisfactory evidence of the 14 installment contract shall be made available to the 15 association or its agents. For purposes of this 16 subsection, "installment contract" shall have the same 17 meaning as set forth in subsection (e) of Section 1 of 18 the Dwelling Unit Installment Contract Act. 19 (6) The board of the master association shall have 20 the authority to establish and maintain a system of 21 master metering of public utility services and to collect 22 payments in connection therewith, subject to the 23 requirements of the Tenant Utility Payment Disclosure 24 Act. 25 (7) The board of the master association or a common 26 interest community association shall have the power, 27 after notice and an opportunity to be heard, to levy and 28 collect reasonable fines from members for violations of 29 the declaration, bylaws, and rules and regulations of the 30 master association or the common interest community 31 association. Nothing contained in this subdivision (7) 32 shall give rise to a statutory lien for unpaid fines. 33 (d) Records. 34 (1) The board of the master association shall SB242 Engrossed -8- LRB9101314KSgc 1 maintain the following records of the association and 2 make them available for examination and copying at 3 convenient hours of weekdays by any unit owners in a 4 condominium subject to the authority of the board or 5 their mortgagees and their duly authorized agents or 6 attorneys: 7 (i) Copies of the recorded declaration, other 8 condominium instruments, other duly recorded 9 covenants and bylaws and any amendments, articles of 10 incorporation of the master association, annual 11 reports and any rules and regulations adopted by the 12 master association or its board shall be available. 13 Prior to the organization of the master association, 14 the developer shall maintain and make available the 15 records set forth in this subdivision (d)(1) for 16 examination and copying. 17 (ii) Detailed and accurate records in 18 chronological order of the receipts and expenditures 19 affecting the common areas, specifying and itemizing 20 the maintenance and repair expenses of the common 21 areas and any other expenses incurred, and copies of 22 all contracts, leases, or other agreements entered 23 into by the master association, shall be maintained. 24 (iii) The minutes of all meetings of the 25 master association and the board of the master 26 association shall be maintained for not less than 7 27 years. 28 (iv) Ballots and proxies related thereto, if 29 any, for any election held for the board of the 30 master association and for any other matters voted 31 on by the unit owners shall be maintained for not 32 less than one year. 33 (v) Such other records of the master 34 association as are available for inspection by SB242 Engrossed -9- LRB9101314KSgc 1 members of a not-for-profit corporation pursuant to 2 Section 107.75 of the General Not For Profit 3 Corporation Act of 1986 shall be maintained. 4 (vi) With respect to units owned by a land 5 trust, if a trustee designates in writing a person 6 to cast votes on behalf of the unit owner, the 7 designation shall remain in effect until a 8 subsequent document is filed with the association. 9 (2) Where a request for records under this 10 subsection is made in writing to the board of managers or 11 its agent, failure to provide the requested record or to 12 respond within 30 days shall be deemed a denial by the 13 board of directors. 14 (3) A reasonable fee may be charged by the master 15 association or its board for the cost of copying. 16 (4) If the board of directors fails to provide 17 records properly requested under subdivision (d)(1) 18 within the time period provided in subdivision (d)(2), 19 the unit owner may seek appropriate relief, including an 20 award of attorney's fees and costs. 21 (e) The board of directors shall have standing and 22 capacity to act in a representative capacity in relation to 23 matters involving the common areas of the master association 24 or more than one unit, on behalf of the unit owners as their 25 interests may appear. 26 (f) Administration of property prior to election of the 27 initial board of directors. 28 (1) Until the election, by the unit owners or the 29 boards of managers of the underlying condominium 30 associations, of the initial board of directors of a 31 master association whose declaration is recorded on or 32 after August 10, 1990, the same rights, titles, powers, 33 privileges, trusts, duties and obligations that are 34 vested in or imposed upon the board of directors by this SB242 Engrossed -10- LRB9101314KSgc 1 Act or in the declaration or other duly recorded covenant 2 shall be held and performed by the developer. 3 (2) The election of the initial board of directors 4 of a master association whose declaration is recorded on 5 or after August 10, 1990, by the unit owners or the 6 boards of managers of the underlying condominium 7 associations, shall be held not later than 60 days after 8 the conveyance by the developer of 75% of the units, or 3 9 years after the recording of the declaration, whichever 10 is earlier. The developer shall give at least 21 days 11 notice of the meeting to elect the initial board of 12 directors and shall upon request provide to any unit 13 owner, within 3 working days of the request, the names, 14 addresses, and weighted vote of each unit owner entitled 15 to vote at the meeting. Any unit owner shall upon 16 receipt of the request be provided with the same 17 information, within 10 days of the request, with respect 18 to each subsequent meeting to elect members of the board 19 of directors. 20 (3) If the initial board of directors of a master 21 association whose declaration is recorded on or after 22 August 10, 1990 is not elected by the unit owners or the 23 members of the underlying condominium association board 24 of managers at the time established in subdivision 25 (f)(2), the developer shall continue in office for a 26 period of 30 days, whereupon written notice of his 27 resignation shall be sent to all of the unit owners or 28 members of the underlying condominium board of managers 29 entitled to vote at an election for members of the board 30 of directors. 31 (4) Within 60 days following the election of a 32 majority of the board of directors, other than the 33 developer, by unit owners, the developer shall deliver to 34 the board of directors: SB242 Engrossed -11- LRB9101314KSgc 1 (i) All original documents as recorded or 2 filed pertaining to the property, its 3 administration, and the association, such as the 4 declaration, articles of incorporation, other 5 instruments, annual reports, minutes, rules and 6 regulations, and contracts, leases, or other 7 agreements entered into by the association. If any 8 original documents are unavailable, a copy may be 9 provided if certified by affidavit of the developer, 10 or an officer or agent of the developer, as being a 11 complete copy of the actual document recorded or 12 filed. 13 (ii) A detailed accounting by the developer, 14 setting forth the source and nature of receipts and 15 expenditures in connection with the management, 16 maintenance and operation of the property, copies of 17 all insurance policies, and a list of any loans or 18 advances to the association which are outstanding. 19 (iii) Association funds, which shall have been 20 at all times segregated from any other moneys of the 21 developer. 22 (iv) A schedule of all real or personal 23 property, equipment and fixtures belonging to the 24 association, including documents transferring the 25 property, warranties, if any, for all real and 26 personal property and equipment, deeds, title 27 insurance policies, and all tax bills. 28 (v) A list of all litigation, administrative 29 action and arbitrations involving the association, 30 any notices of governmental bodies involving actions 31 taken or which may be taken concerning the 32 association, engineering and architectural drawings 33 and specifications as approved by any governmental 34 authority, all other documents filed with any other SB242 Engrossed -12- LRB9101314KSgc 1 governmental authority, all governmental 2 certificates, correspondence involving enforcement 3 of any association requirements, copies of any 4 documents relating to disputes involving unit 5 owners, and originals of all documents relating to 6 everything listed in this subparagraph. 7 (vi) If the developer fails to fully comply 8 with this paragraph (4) within the 60 days provided 9 and fails to fully comply within 10 days of written 10 demand mailed by registered or certified mail to his 11 or her last known address, the board may bring an 12 action to compel compliance with this paragraph (4). 13 In the action, the developer shall have the burden 14 of proving that all deliveries required by 15 subparagraphs (i) through (v) were made within the 16 prescribed period. If the court finds that any of 17 the required deliveries were not made within the 18 required period, the board shall be entitled to 19 recover its reasonable attorneys' fees and costs 20 incurred from and after the date of expiration of 21 the 10 day demand. 22 (5) With respect to any master association whose 23 declaration is recorded on or after August 10, 1990, any 24 contract, lease, or other agreement made prior to the 25 election of a majority of the board of directors other 26 than the developer by or on behalf of unit owners or 27 underlying condominium associations, the association or 28 the board of directors, which extends for a period of 29 more than 2 years from the recording of the declaration, 30 shall be subject to cancellation by more than 1/2 of the 31 votes of the unit owners, other than the developer, cast 32 at a special meeting of members called for that purpose 33 during a period of 90 days prior to the expiration of the 34 2 year period if the board of managers is elected by the SB242 Engrossed -13- LRB9101314KSgc 1 unit owners, otherwise by more than 1/2 of the underlying 2 condominium board of managers. At least 60 days prior to 3 the expiration of the 2 year period, the board of 4 directors, or, if the board is still under developer 5 control, then the board of managers or the developer 6 shall send notice to every unit owner or underlying 7 condominium board of managers, notifying them of this 8 provision, of what contracts, leases and other agreements 9 are affected, and of the procedure for calling a meeting 10 of the unit owners or for action by the underlying 11 condominium board of managers for the purpose of acting 12 to terminate such contracts, leases or other agreements. 13 During the 90 day period the other party to the contract, 14 lease, or other agreement shall also have the right of 15 cancellation. 16 (6) The statute of limitations for any actions in 17 law or equity which the master association may bring 18 shall not begin to run until the unit owners or 19 underlying condominium board of managers have elected a 20 majority of the members of the board of directors. 21 (g) In the event of any resale of a unit in a master 22 association by a unit owner other than the developer, the 23 owner shall obtain from the board of directors and shall make 24 available for inspection to the prospective purchaser, upon 25 demand, the following: 26 (1) A copy of the declaration, other instruments 27 and any rules and regulations. 28 (2) A statement of any liens, including a statement 29 of the account of the unit setting forth the amounts of 30 unpaid assessments and other charges due and owing. 31 (3) A statement of any capital expenditures 32 anticipated by the association within the current or 33 succeeding 2 fiscal years. 34 (4) A statement of the status and amount of any SB242 Engrossed -14- LRB9101314KSgc 1 reserve for replacement fund and any portion of such fund 2 earmarked for any specified project by the board of 3 directors. 4 (5) A copy of the statement of financial condition 5 of the association for the last fiscal year for which 6 such a statement is available. 7 (6) A statement of the status of any pending suits 8 or judgments in which the association is a party. 9 (7) A statement setting forth what insurance 10 coverage is provided for all unit owners by the 11 association. 12 (8) A statement that any improvements or 13 alterations made to the unit, or any part of the common 14 areas assigned thereto, by the prior unit owner are in 15 good faith believed to be in compliance with the 16 declaration of the master association. 17 The principal officer of the unit owner's association or 18 such other officer as is specifically designated shall 19 furnish the above information when requested to do so in 20 writing, within 30 days of receiving the request. 21 A reasonable fee covering the direct out-of-pocket cost 22 of copying and providing such information may be charged by 23 the association or its board of directors to the unit seller 24 for providing the information. 25 (h) Errors and omissions. 26 (1) If there is an omission or error in the 27 declaration or other instrument of the master 28 association, the master association may correct the error 29 or omission by an amendment to the declaration or other 30 instrument, as may be required to conform it to this Act, 31 to any other applicable statute, or to the declaration. 32 The amendment shall be adopted by vote of two-thirds of 33 the members of the board of directors or by a majority 34 vote of the unit owners at a meeting called for that SB242 Engrossed -15- LRB9101314KSgc 1 purpose, unless the Act or the declaration of the master 2 association specifically provides for greater percentages 3 or different procedures. 4 (2) If, through a scrivener's error, a unit has not 5 been designated as owning an appropriate undivided share 6 of the common areas or does not bear an appropriate share 7 of the common expenses, or if all of the common expenses 8 or all of the common elements in the condominium have not 9 been distributed in the declaration, so that the sum 10 total of the shares of common areas which have been 11 distributed or the sum total of the shares of the common 12 expenses fail to equal 100%, or if it appears that more 13 than 100% of the common elements or common expenses have 14 been distributed, the error may be corrected by operation 15 of law by filing an amendment to the declaration, 16 approved by vote of two-thirds of the members of the 17 board of directors or a majority vote of the unit owners 18 at a meeting called for that purpose, which 19 proportionately adjusts all percentage interests so that 20 the total is equal to 100%, unless the declaration 21 specifically provides for a different procedure or 22 different percentage vote by the owners of the units and 23 the owners of mortgages thereon affected by modification 24 being made in the undivided interest in the common areas, 25 the number of votes in the unit owners association or the 26 liability for common expenses appertaining to the unit. 27 (3) If an omission or error or a scrivener's error 28 in the declaration or other instrument is corrected by 29 vote of two-thirds of the members of the board of 30 directors pursuant to the authority established in 31 subdivisions (h)(1) or (h)(2) of this Section, the board, 32 upon written petition by unit owners with 20% of the 33 votes of the association or resolutions adopted by the 34 board of managers or board of directors of the SB242 Engrossed -16- LRB9101314KSgc 1 condominium and common interest community associations 2 which select 20% of the members of the board of directors 3 of the master association, whichever is applicable, 4 received within 30 days of the board action, shall call a 5 meeting of the unit owners or the boards of the 6 condominium and common interest community associations 7 which select members of the board of directors of the 8 master association within 30 days of the filing of the 9 petition or receipt of the condominium and common 10 interest community association resolution to consider the 11 board action. Unless a majority of the votes of the unit 12 owners of the association are cast at the meeting to 13 reject the action, or board of managers or board of 14 directors of condominium and common interest community 15 associations which select over 50% of the members of the 16 board of the master association adopt resolutions prior 17 to the meeting rejecting the action of the board of 18 directors of the master association, it is ratified 19 whether or not a quorum is present. 20 (4) The procedures for amendments set forth in this 21 subsection (h) cannot be used if such an amendment would 22 materially or adversely affect property rights of the 23 unit owners unless the affected unit owners consent in 24 writing. This Section does not restrict the powers of 25 the association to otherwise amend the declaration, 26 bylaws, or other condominium instruments, but authorizes 27 a simple process of amendment requiring a lesser vote for 28 the purpose of correcting defects, errors, or omissions 29 when the property rights of the unit owners are not 30 materially or adversely affected. 31 (5) If there is an omission or error in the 32 declaration or other instruments that may not be 33 corrected by an amendment procedure set forth in 34 subdivision (h)(1) or (h)(2) of this Section, then the SB242 Engrossed -17- LRB9101314KSgc 1 circuit court in the county in which the master 2 association is located shall have jurisdiction to hear a 3 petition of one or more of the unit owners thereon or of 4 the association, to correct the error or omission, and 5 the action may be a class action. The court may require 6 that one or more methods of correcting the error or 7 omission be submitted to the unit owners to determine the 8 most acceptable correction. All unit owners in the 9 association must be joined as parties to the action. 10 Service of process on owners may be by publication, but 11 the plaintiff shall furnish all unit owners not 12 personally served with process with copies of the 13 petition and final judgment of the court by certified 14 mail, return receipt requested, at their last known 15 address. 16 (6) Nothing contained in this Section shall be 17 construed to invalidate any provision of a declaration 18 authorizing the developer to amend an instrument prior to 19 the latest date on which the initial membership meeting 20 of the unit owners must be held, whether or not it has 21 actually been held, to bring the instrument into 22 compliance with the legal requirements of the Federal 23 National Mortgage Association, the Federal Home Loan 24 Mortgage Corporation, the Federal Housing Administration, 25 the United States Veterans Administration or their 26 respective successors and assigns. 27 (i) The provisions of subsections (c) through (h) are 28 applicable to all declarations, other condominium 29 instruments, and other duly recorded covenants establishing 30 the powers and duties of the master association recorded 31 under this Act. Any portion of a declaration, other 32 condominium instrument, or other duly recorded covenant 33 establishing the powers and duties of a master association 34 which contains provisions contrary to the provisions of SB242 Engrossed -18- LRB9101314KSgc 1 subsection (c) through (h) shall be void as against public 2 policy and ineffective. Any declaration, other condominium 3 instrument, or other duly recorded covenant establishing the 4 powers and duties of the master association which fails to 5 contain the provisions required by subsections (c) through 6 (h) shall be deemed to incorporate such provisions by 7 operation of law. 8 (j) The provisions of subsections (c) through (h) are 9 applicable to all common interest community associations and 10 their unit owners for common interest community associations 11 which are subject to the provisions of Section 9-102(a)(8) of 12 the Code of Civil Procedure. For purposes of this 13 subsection, the terms "common interest community" and "unit 14 owners" shall have the same meaning as set forth in Section 15 9-102(c) of the Code of Civil Procedure. 16 (Source: P.A. 89-41, eff. 6-23-95; 90-229, eff. 7-25-97.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.