Bill Text: IL SB1606 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Condominium Property Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0282 [SB1606 Detail]
Download: Illinois-2013-SB1606-Amended.html
Bill Title: Amends the Condominium Property Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0282 [SB1606 Detail]
Download: Illinois-2013-SB1606-Amended.html
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1 | AMENDMENT TO SENATE BILL 1606
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2 | AMENDMENT NO. ______. Amend Senate Bill 1606 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Condominium Property Act is amended by | ||||||
5 | changing Section 27 as follows:
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6 | (765 ILCS 605/27) (from Ch. 30, par. 327)
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7 | Sec. 27. (a) If there is any unit owner other than the | ||||||
8 | developer, and unless otherwise provided in this Act,
the | ||||||
9 | condominium instruments shall be amended only as follows: | ||||||
10 | (i) upon the
affirmative vote of 2/3 of those voting or | ||||||
11 | upon the majority
specified by the condominium | ||||||
12 | instruments, provided that in no event shall the | ||||||
13 | condominium instruments require more than a three-quarters | ||||||
14 | vote of all unit owners; and
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15 | (ii) with the
approval of any mortgagees required under | ||||||
16 | the provisions of
the condominium instruments.
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1 | Except in cases where this Act
provides different methods of | ||||||
2 | amendment or with respect to property whose
declaration is | ||||||
3 | recorded on or after July 1, 1984, no condominium instrument
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4 | shall require more than a three-quarters
vote of unit owners to | ||||||
5 | amend the bylaws. Except to the extent
authorized by other | ||||||
6 | provisions of this Act, no amendment to the
condominium | ||||||
7 | instrument shall change the boundaries of any unit
or the | ||||||
8 | undivided interest in the common elements, the number of
votes | ||||||
9 | in the unit owners' association, or the liability for
common | ||||||
10 | expenses appertaining to a unit.
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11 | (b)(1) If there is an omission or error in the declaration, | ||||||
12 | bylaws
or other condominium instrument, the association may | ||||||
13 | correct the error or
omission by an amendment to the | ||||||
14 | declaration, bylaws, or other condominium
instrument in such | ||||||
15 | respects as may be required to conform to this Act, and
any | ||||||
16 | other applicable statute or to the declaration by vote of | ||||||
17 | two-thirds
of the members of the Board of Managers or by a | ||||||
18 | majority vote of the unit
owners at a meeting called for this | ||||||
19 | purpose, unless the Act or the
condominium instruments | ||||||
20 | specifically provide for greater percentages or
different | ||||||
21 | procedures.
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22 | (2) If through a scrivener's error, a unit has not been
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23 | designated as owning an appropriate undivided share of the | ||||||
24 | common elements
or does not bear an appropriate share of the | ||||||
25 | common expenses or that all
the common expenses or all of the | ||||||
26 | common elements in the condominium have
not been distributed in |
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1 | the declaration, so that the sum total of the shares
of common | ||||||
2 | elements which have been distributed or the sum total of the | ||||||
3 | shares
of the common expenses fail to equal 100%, or if it | ||||||
4 | appears that more than
100% of the common elements or common | ||||||
5 | expenses have been distributed, the
error may be corrected by | ||||||
6 | operation of law by filing an amendment to the
declaration | ||||||
7 | approved by vote of two-thirds of the members of the Board
of | ||||||
8 | Managers or a majority vote of the unit owners at a meeting | ||||||
9 | called for
this purpose which proportionately adjusts all | ||||||
10 | percentage interests so that
the total is equal to 100% unless | ||||||
11 | the condominium instruments specifically
provide for a | ||||||
12 | different procedure or different percentage vote by the owners
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13 | of the units and the owners of mortgages thereon affected by | ||||||
14 | modification
being made in the undivided interest in the common | ||||||
15 | elements, the number
of votes in the unit owners association or | ||||||
16 | the liability for common expenses
appertaining to the unit.
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17 | (3) If an omission or error or a scrivener's error in the | ||||||
18 | declaration,
bylaws or other condominium instrument is | ||||||
19 | corrected by vote of
two-thirds of the members of the
Board of | ||||||
20 | Managers pursuant to the authority established in subsections | ||||||
21 | (b)(1)
or (b)(2) of Section 27 of this Act, the Board upon | ||||||
22 | written petition by
unit owners with 20 percent of the votes of | ||||||
23 | the association filed within
30 days of the Board action shall | ||||||
24 | call a meeting of the unit owners within
30 days of the filing | ||||||
25 | of the petition to consider the Board action. Unless
a majority | ||||||
26 | of the votes of the unit owners of the association are cast at |
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1 | the
meeting to reject the action, it is ratified whether or not | ||||||
2 | a quorum is present.
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3 | (4) The procedures for amendments set forth in this | ||||||
4 | subsection (b) cannot be
used if such an amendment would | ||||||
5 | materially or adversely affect property
rights of the unit | ||||||
6 | owners unless the affected unit owners consent in writing.
This | ||||||
7 | Section does not restrict the powers of the association to | ||||||
8 | otherwise
amend the declaration, bylaws, or other condominium | ||||||
9 | instruments, but authorizes
a simple process of amendment | ||||||
10 | requiring a lesser vote for the purpose of
correcting defects, | ||||||
11 | errors, or omissions when the property rights of the
unit | ||||||
12 | owners are not materially or adversely affected.
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13 | (5) If there is an omission or error in the declaration, | ||||||
14 | bylaws, or other
condominium instruments, which may not be | ||||||
15 | corrected by an amendment procedure
set forth in paragraphs (1) | ||||||
16 | and (2) of subsection (b) of Section 27 in the
declaration then | ||||||
17 | the Circuit Court in the County in which the condominium
is | ||||||
18 | located shall have jurisdiction to hear a petition of one or | ||||||
19 | more of the
unit owners thereon or of the association, to | ||||||
20 | correct the error or omission,
and the action may be a class | ||||||
21 | action. The court may require that one or
more methods of | ||||||
22 | correcting the error or omission be submitted to the unit
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23 | owners to determine the most acceptable correction. All unit | ||||||
24 | owners in the
association must be joined as parties to the | ||||||
25 | action. Service of process on
owners may be by publication, but | ||||||
26 | the plaintiff shall furnish all unit
owners not personally |
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1 | served with process with copies of the petition and
final | ||||||
2 | judgment of the court by certified mail return receipt | ||||||
3 | requested, at
their last known address.
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4 | (6) Nothing contained in this Section shall be construed to | ||||||
5 | invalidate
any provision of a condominium instrument | ||||||
6 | authorizing the developer to amend
a condominium instrument | ||||||
7 | prior to the latest date on which the initial
membership | ||||||
8 | meeting of the unit owners must be held, whether or nor it has
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9 | actually been held, to bring the instrument into compliance | ||||||
10 | with the legal
requirements of the Federal National Mortgage | ||||||
11 | Association, the Federal Home
Loan Mortgage Corporation, the | ||||||
12 | Federal Housing Administration, the United
States Veterans | ||||||
13 | Administration or their respective successors and assigns.
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14 | (Source: P.A. 94-886, eff. 6-20-06.)".
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