Public Act 93-0474
SB1352 Enrolled LRB093 04114 LCB 04154 b
AN ACT concerning condominiums.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
changing Sections 2 and 3 as follows:
(765 ILCS 605/2) (from Ch. 30, par. 302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Declaration" means the instrument by which the
property is submitted to the provisions of this Act, as
hereinafter provided, and such declaration as from time to
time amended.
(b) "Parcel" means the lot or lots, tract or tracts of
land, described in the declaration, submitted to the
provisions of this Act.
(c) "Property" means all the land, property and space
comprising the parcel, all improvements and structures
erected, constructed or contained therein or thereon,
including the building and all easements, rights and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit or enjoyment
of the unit owners, submitted to the provisions of this Act.
(d) "Unit" means a part of the property designed and
intended for any type of independent use.
(e) "Common Elements" means all portions of the property
except the units, including limited common elements unless
otherwise specified.
(f) "Person" means a natural individual, corporation,
partnership, trustee or other legal entity capable of holding
title to real property.
(g) "Unit Owner" means the person or persons whose
estates or interests, individually or collectively, aggregate
fee simple absolute ownership of a unit, or, in the case of a
leasehold condominium, the lessee or lessees of a unit whose
leasehold ownership of the unit expires simultaneously with
the lease described in item (x) of this Section.
(h) "Majority" or "majority of the unit owners" means
the owners of more than 50% in the aggregate in interest of
the undivided ownership of the common elements. Any
specified percentage of the unit owners means such percentage
in the aggregate in interest of such undivided ownership.
"Majority" or "majority of the members of the board of
managers" means more than 50% of the total number of persons
constituting such board pursuant to the bylaws. Any
specified percentage of the members of the board of managers
means that percentage of the total number of persons
constituting such board pursuant to the bylaws.
(i) "Plat" means a plat or plats of survey of the parcel
and of all units in the property submitted to the provisions
of this Act, which may consist of a three-dimensional
horizontal and vertical delineation of all such units.
(j) "Record" means to record in the office of the
recorder or, whenever required, to file in the office of the
Registrar of Titles of the county wherein the property is
located.
(k) "Conversion Condominium" means a property which
contains structures, excepting those newly constructed and
intended for condominium ownership, which are, or have
previously been, wholly or partially occupied before
recording of condominium instruments by persons other than
those who have contracted for the purchase of condominiums.
(l) "Condominium Instruments" means all documents and
authorized amendments thereto recorded pursuant to the
provisions of the Act, including the declaration, bylaws and
plat.
(m) "Common Expenses" means the proposed or actual
expenses affecting the property, including reserves, if any,
lawfully assessed by the Board of Managers of the Unit
Owner's Association.
(n) "Reserves" means those sums paid by unit owners
which are separately maintained by the board of managers for
purposes specified by the board of managers or the
condominium instruments.
(o) "Unit Owners' Association" or "Association" means
the association of all the unit owners, acting pursuant to
bylaws through its duly elected board of managers.
(p) "Purchaser" means any person or persons other than
the Developer who purchase a unit in a bona fide transaction
for value.
(q) "Developer" means any person who submits property
legally or equitably owned in fee simple by the developer, or
leased to the developer under a lease described in item (x)
of this Section, to the provisions of this Act, or any person
who offers units legally or equitably owned in fee simple by
the developer, or leased to the developer under a lease
described in item (x) of this Section, for sale in the
ordinary course of such person's business, including any
successor or successors to such developers' entire interest
in the property other than the purchaser of an individual
unit.
(r) "Add-on Condominium" means a property to which
additional property may be added in accordance with
condominium instruments and this Act.
(s) "Limited Common Elements" means a portion of the
common elements so designated in the declaration as being
reserved for the use of a certain unit or units to the
exclusion of other units, including but not limited to
balconies, terraces, patios and parking spaces or facilities.
(t) "Building" means all structures, attached or
unattached, containing one or more units.
(u) "Master Association" means an organization described
in Section 18.5 whether or not it is also an association
described in Section 18.3.
(v) "Developer Control" means such control at a time
prior to the election of the Board of Managers provided for
in Section 18.2(b) of this Act.
(w) "Meeting of Board of Managers or Board of Master
Association" means any gathering of a quorum of the members
of the Board of Managers or Board of the Master Association
held for the purpose of conducting board business.
(x) "Leasehold Condominium" means a property submitted
to the provisions of this Act which is subject to a lease,
the expiration or termination of which would terminate the
condominium and the lessor of which is (i) exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, (ii) a limited liability company whose
sole member is exempt from taxation under Section 501 (c)(3)
of the Internal Revenue Code of 1986, as amended, or (iii) a
Public Housing Authority created pursuant to the Housing
Authorities Act that is located in a municipality having a
population in excess of 1,000,000 inhabitants.
(Source: P.A. 88-417; 88-626, eff. 9-9-94; 89-89, eff.
6-30-95.)
(765 ILCS 605/3) (from Ch. 30, par. 303)
Sec. 3. Submission of property. Whenever the owner or
owners in fee simple, or the sole lessee or all lessees of a
lease described in item (x) of Section 2, of a parcel intend
to submit such property to the provisions of this Act, they
shall do so by recording a declaration, duly executed and
acknowledged, expressly stating such intent and setting forth
the particulars enumerated in Section 4. If the condominium
is a leasehold condominium, then every lessor of the lease
creating a leasehold interest as described in item (x) of
Section 2 shall also execute the declaration and such lease
shall be recorded prior to the recording of the declaration.
The execution of a declaration required under this
Section by the lessor under a lease as described in item (x)
of Section 2 does not make the lessor a developer for
purposes of this Act.
(Source: P.A. 89-89, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.