Public Act 099-0472

HB2640 Enrolled LRB099 07615 HEP 27746 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Common Interest Community Association Act is

amended by changing Section 1-15 as follows:

(765 ILCS 160/1-15)

Sec. 1-15. Construction, interpretation, and validity of

community instruments.

(a) Except to the extent otherwise provided by the

declaration or other community instruments, the terms defined

in Section 1-5 of this Act shall be deemed to have the meaning

specified therein unless the context otherwise requires.

(b) (Blank) All provisions of the declaration, bylaws, and

other community instruments severed by this Act shall be

revised by the board of directors independent of the membership

to comply with this Act.

(c) A provision in the declaration limiting ownership,

rental, or occupancy of a unit to a person 55 years of age or

older shall be valid and deemed not to be in violation of

Article 3 of the Illinois Human Rights Act provided that the

person or the immediate family of a person owning, renting, or

lawfully occupying such unit prior to the recording of the

initial declaration shall not be deemed to be in violation of

such age restriction so long as they continue to own or reside

in such unit.

(d) Every common interest community association shall

define a member and its relationship to the units or unit

owners in its community instruments.

(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;

97-1090, eff. 8-24-12.)

Section 10. The Condominium Property Act is amended by

changing Sections 18 and 27 as follows:

(765 ILCS 605/18) (from Ch. 30, par. 318)

Sec. 18. Contents of bylaws. The bylaws shall provide for

at least the following:

(a)(1) The election from among the unit owners of a board

of managers, the number of persons constituting such board, and

that the terms of at least one-third of the members of the

board shall expire annually and that all members of the board

shall be elected at large. If there are multiple owners of a

single unit, only one of the multiple owners shall be eligible

to serve as a member of the board at any one time.

(2) the powers and duties of the board;

(3) the compensation, if any, of the members of the board;

(4) the method of removal from office of members of the

board;

(5) that the board may engage the services of a manager or

managing agent;

(6) that each unit owner shall receive, at least 25 30 days

prior to the adoption thereof by the board of managers, a copy

of the proposed annual budget together with an indication of

which portions are intended for reserves, capital expenditures

or repairs or payment of real estate taxes;

(7) that the board of managers shall annually supply to all

unit owners an itemized accounting of the common expenses for

the preceding year actually incurred or paid, together with an

indication of which portions were for reserves, capital

expenditures or repairs or payment of real estate taxes and

with a tabulation of the amounts collected pursuant to the

budget or assessment, and showing the net excess or deficit of

income over expenditures plus reserves;

(8)(i) that each unit owner shall receive notice, in the

same manner as is provided in this Act for membership meetings,

of any meeting of the board of managers concerning the adoption

of the proposed annual budget and regular assessments pursuant

thereto or to adopt a separate (special) assessment, (ii) that

except as provided in subsection (iv) below, if an adopted

budget or any separate assessment adopted by the board would

result in the sum of all regular and separate assessments

payable in the current fiscal year exceeding 115% of the sum of

all regular and separate assessments payable during the

preceding fiscal year, the board of managers, upon written

petition by unit owners with 20 percent of the votes of the

association delivered to the board within 14 days of the board

action, shall call a meeting of the unit owners within 30 days

of the date of delivery of the petition to consider the budget

or separate assessment; unless a majority of the total votes of

the unit owners are cast at the meeting to reject the budget or

separate assessment, it is ratified, (iii) that any common

expense not set forth in the budget or any increase in

assessments over the amount adopted in the budget shall be

separately assessed against all unit owners, (iv) that separate

assessments for expenditures relating to emergencies or

mandated by law may be adopted by the board of managers without

being subject to unit owner approval or the provisions of item

(ii) above or item (v) below. As used herein, "emergency" means

an immediate danger to the structural integrity of the common

elements or to the life, health, safety or property of the unit

owners, (v) that assessments for additions and alterations to

the common elements or to association-owned property not

included in the adopted annual budget, shall be separately

assessed and are subject to approval of two-thirds of the total

votes of all unit owners, (vi) that the board of managers may

adopt separate assessments payable over more than one fiscal

year. With respect to multi-year assessments not governed by

items (iv) and (v), the entire amount of the multi-year

assessment shall be deemed considered and authorized in the

first fiscal year in which the assessment is approved;

(9)(A) that every meeting meetings of the board of managers

shall be open to any unit owner, except for the portion of any

meeting held (i) to discuss or consider information relating

to: (i) litigation when an action against or on behalf of the

particular association has been filed and is pending in a court

or administrative tribunal, or when the board of managers finds

that such an action is probable or imminent, (ii) to consider

information regarding appointment, employment or dismissal of

an employee, or (iii) to discuss violations of rules and

regulations of the association, or (iv) a unit owner's unpaid

share of common expenses; that any vote on these matters

discussed or considered in closed session shall take place be

taken at a meeting of the board of managers or portion thereof

open to any unit owner;

(B) that board members may participate in and act at any

meeting of the board of managers in person, by telephonic

means, or by use of any acceptable technological means whereby

all persons participating in the meeting can communicate with

each other; that participation constitutes attendance and

presence in person at the meeting;

(C) that any unit owner may record the proceedings at

meetings of the board of managers or portions thereof required

to be open by this Act by tape, film or other means, and ; that

the board may prescribe reasonable rules and regulations to

govern the right to make such recordings; ,

(D) that notice of every meeting of the board of managers

such meetings shall be given to every board member mailed or

delivered at least 48 hours prior thereto, unless the board

member waives notice of the meeting pursuant to subsection (a)

of Section 18.8; a written waiver of such notice is signed by

the person or persons entitled to such notice pursuant to the

declaration, bylaws, other condominium instrument, or

provision of law other than this subsection before the meeting

is convened, and

(E) that notice copies of notices of every meeting meetings

of the board of managers shall be posted in entranceways,

elevators, or other conspicuous places in the condominium at

least 48 hours prior to the meeting of the board of managers

except where there is no common entranceway for 7 or more

units, the board of managers may designate one or more

locations in the proximity of these units where the notices of

meetings shall be posted; that notice of every meeting of the

board of managers shall also be given at least 48 hours prior

to the meeting, or such longer notice as this Act may

separately require, to: (i) each unit owner who has provided

the association with written authorization to conduct business

by acceptable technological means, and (ii) to the extent that

the condominium instruments of an association require, to each

other unit owner, as required by subsection (f) of Section

18.8, by mail or delivery, and that no other notice of a

meeting of the board of managers need be given to any unit

owner;

(10) that the board shall meet at least 4 times annually;

(11) that no member of the board or officer shall be

elected for a term of more than 2 years, but that officers and

board members may succeed themselves;

(12) the designation of an officer to mail and receive all

notices and execute amendments to condominium instruments as

provided for in this Act and in the condominium instruments;

(13) the method of filling vacancies on the board which

shall include authority for the remaining members of the board

to fill the vacancy by two-thirds vote until the next annual

meeting of unit owners or for a period terminating no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting a

meeting of the unit owners to fill the vacancy for the balance

of the term, and that a meeting of the unit owners shall be

called for purposes of filling a vacancy on the board no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting

such a meeting, and the method of filling vacancies among the

officers that shall include the authority for the members of

the board to fill the vacancy for the unexpired portion of the

term;

(14) what percentage of the board of managers, if other

than a majority, shall constitute a quorum;

(15) provisions concerning notice of board meetings to

members of the board;

(16) the board of managers may not enter into a contract

with a current board member or with a corporation or

partnership in which a board member or a member of the board

member's immediate family has 25% or more interest, unless

notice of intent to enter the contract is given to unit owners

within 20 days after a decision is made to enter into the

contract and the unit owners are afforded an opportunity by

filing a petition, signed by 20% of the unit owners, for an

election to approve or disapprove the contract; such petition

shall be filed within 20 days after such notice and such

election shall be held within 30 days after filing the

petition; for purposes of this subsection, a board member's

immediate family means the board member's spouse, parents, and

children;

(17) that the board of managers may disseminate to unit

owners biographical and background information about

candidates for election to the board if (i) reasonable efforts

to identify all candidates are made and all candidates are

given an opportunity to include biographical and background

information in the information to be disseminated; and (ii) the

board does not express a preference in favor of any candidate;

(18) any proxy distributed for board elections by the board

of managers gives unit owners the opportunity to designate any

person as the proxy holder, and gives the unit owner the

opportunity to express a preference for any of the known

candidates for the board or to write in a name;

(19) that special meetings of the board of managers can be

called by the president or 25% of the members of the board; and

(20) that the board of managers may establish and maintain

a system of master metering of public utility services and

collect payments in connection therewith, subject to the

requirements of the Tenant Utility Payment Disclosure Act; and

.

(21) that the board may ratify and confirm actions of the

members of the board taken in response to an emergency, as that

term is defined in subdivision (a)(8)(iv) of this Section; that

the board shall give notice to the unit owners of: (i) the

occurrence of the emergency event within 7 business days after

the emergency event, and (ii) the general description of the

actions taken to address the event within 7 days after the

emergency event.

The intent of the provisions of this amendatory Act of the

99th General Assembly adding this paragraph (21) is to empower

and support boards to act in emergencies.

(b)(1) What percentage of the unit owners, if other than

20%, shall constitute a quorum provided that, for condominiums

with 20 or more units, the percentage of unit owners

constituting a quorum shall be 20% unless the unit owners

holding a majority of the percentage interest in the

association provide for a higher percentage, provided that in

voting on amendments to the association's bylaws, a unit owner

who is in arrears on the unit owner's regular or separate

assessments for 60 days or more, shall not be counted for

purposes of determining if a quorum is present, but that unit

owner retains the right to vote on amendments to the

association's bylaws;

(2) that the association shall have one class of

membership;

(3) that the members shall hold an annual meeting, one of

the purposes of which shall be to elect members of the board of

managers;

(4) the method of calling meetings of the unit owners;

(5) that special meetings of the members can be called by

the president, board of managers, or by 20% of unit owners;

(6) that written notice of any membership meeting shall be

mailed or delivered giving members no less than 10 and no more

than 30 days notice of the time, place and purpose of such

meeting except that notice may be sent, to the extent the

condominium instruments or rules adopted thereunder expressly

so provide, by electronic transmission consented to by the unit

owner to whom the notice is given, provided the director and

officer or his agent certifies in writing to the delivery by

electronic transmission;

(7) that voting shall be on a percentage basis, and that

the percentage vote to which each unit is entitled is the

percentage interest of the undivided ownership of the common

elements appurtenant thereto, provided that the bylaws may

provide for approval by unit owners in connection with matters

where the requisite approval on a percentage basis is not

specified in this Act, on the basis of one vote per unit;

(8) that, where there is more than one owner of a unit, if

only one of the multiple owners is present at a meeting of the

association, he is entitled to cast all the votes allocated to

that unit, if more than one of the multiple owners are present,

the votes allocated to that unit may be cast only in accordance

with the agreement of a majority in interest of the multiple

owners, unless the declaration expressly provides otherwise,

that there is majority agreement if any one of the multiple

owners cast the votes allocated to that unit without protest

being made promptly to the person presiding over the meeting by

any of the other owners of the unit;

(9)(A) except as provided in subparagraph (B) of this

paragraph (9) in connection with board elections, that a unit

owner may vote by proxy executed in writing by the unit owner

or by his duly authorized attorney in fact; that the proxy must

bear the date of execution and, unless the condominium

instruments or the written proxy itself provide otherwise, is

invalid after 11 months from the date of its execution; to the

extent the condominium instruments or rules adopted thereunder

expressly so provide, a vote or proxy may be submitted by

electronic transmission, provided that any such electronic

transmission shall either set forth or be submitted with

information from which it can be determined that the electronic

transmission was authorized by the unit owner or the unit

owner's proxy;

(B) that if a rule adopted at least 120 days before a board

election or the declaration or bylaws provide for balloting as

set forth in this subsection, unit owners may not vote by proxy

in board elections, but may vote only (i) by submitting an

association-issued ballot in person at the election meeting or

(ii) by submitting an association-issued ballot to the

association or its designated agent by mail or other means of

delivery specified in the declaration, bylaws, or rule; that

the ballots shall be mailed or otherwise distributed to unit

owners not less than 10 and not more than 30 days before the

election meeting, and the board shall give unit owners not less

than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; that the

deadline shall be no more than 7 days before the ballots are

mailed or otherwise distributed to unit owners; that every such

ballot must include the names of all candidates who have given

the board or its authorized agent timely written notice of

their candidacy and must give the person casting the ballot the

opportunity to cast votes for candidates whose names do not

appear on the ballot; that a ballot received by the association

or its designated agent after the close of voting shall not be

counted; that a unit owner who submits a ballot by mail or

other means of delivery specified in the declaration, bylaws,

or rule may request and cast a ballot in person at the election

meeting, and thereby void any ballot previously submitted by

that unit owner;

(B-5) that if a rule adopted at least 120 days before a

board election or the declaration or bylaws provide for

balloting as set forth in this subparagraph, unit owners may

not vote by proxy in board elections, but may vote only (i) by

submitting an association-issued ballot in person at the

election meeting; or (ii) by any acceptable technological means

as defined in Section 2 of this Act; instructions regarding the

use of electronic means for voting shall be distributed to all

unit owners not less than 10 and not more than 30 days before

the election meeting, and the board shall give unit owners not

less than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; the deadline

shall be no more than 7 days before the instructions for voting

using electronic or acceptable technological means is

distributed to unit owners; every instruction notice must

include the names of all candidates who have given the board or

its authorized agent timely written notice of their candidacy

and must give the person voting through electronic or

acceptable technological means the opportunity to cast votes

for candidates whose names do not appear on the ballot; a unit

owner who submits a vote using electronic or acceptable

technological means may request and cast a ballot in person at

the election meeting, thereby voiding any vote previously

submitted by that unit owner;

(C) that if a written petition by unit owners with at least

20% of the votes of the association is delivered to the board

within 14 days after the board's approval of a rule adopted

pursuant to subparagraph (B) or subparagraph (B-5) of this

paragraph (9), the board shall call a meeting of the unit

owners within 30 days after the date of delivery of the

petition; that unless a majority of the total votes of the unit

owners are cast at the meeting to reject the rule, the rule is

ratified;

(D) that votes cast by ballot under subparagraph (B) or

electronic or acceptable technological means under

subparagraph (B-5) of this paragraph (9) are valid for the

purpose of establishing a quorum;

(10) that the association may, upon adoption of the

appropriate rules by the board of managers, conduct elections

by secret ballot whereby the voting ballot is marked only with

the percentage interest for the unit and the vote itself,

provided that the board further adopt rules to verify the

status of the unit owner issuing a proxy or casting a ballot;

and further, that a candidate for election to the board of

managers or such candidate's representative shall have the

right to be present at the counting of ballots at such

election;

(11) that in the event of a resale of a condominium unit

the purchaser of a unit from a seller other than the developer

pursuant to an installment contract for purchase shall during

such times as he or she resides in the unit be counted toward a

quorum for purposes of election of members of the board of

managers at any meeting of the unit owners called for purposes

of electing members of the board, shall have the right to vote

for the election of members of the board of managers and to be

elected to and serve on the board of managers unless the seller

expressly retains in writing any or all of such rights. In no

event may the seller and purchaser both be counted toward a

quorum, be permitted to vote for a particular office or be

elected and serve on the board. Satisfactory evidence of the

installment contact shall be made available to the association

or its agents. For purposes of this subsection, "installment

contact" shall have the same meaning as set forth in Section 1

(e) of "An Act relating to installment contracts to sell

dwelling structures", approved August 11, 1967, as amended;

(12) the method by which matters subject to the approval of

unit owners set forth in this Act, or in the condominium

instruments, will be submitted to the unit owners at special

membership meetings called for such purposes; and

(13) that matters subject to the affirmative vote of not

less than 2/3 of the votes of unit owners at a meeting duly

called for that purpose, shall include, but not be limited to:

(i) merger or consolidation of the association;

(ii) sale, lease, exchange, or other disposition

(excluding the mortgage or pledge) of all, or substantially

all of the property and assets of the association; and

(iii) the purchase or sale of land or of units on

behalf of all unit owners.

(c) Election of a president from among the board of

managers, who shall preside over the meetings of the board of

managers and of the unit owners.

(d) Election of a secretary from among the board of

managers, who shall keep the minutes of all meetings of the

board of managers and of the unit owners and who shall, in

general, perform all the duties incident to the office of

secretary.

(e) Election of a treasurer from among the board of

managers, who shall keep the financial records and books of

account.

(f) Maintenance, repair and replacement of the common

elements and payments therefor, including the method of

approving payment vouchers.

(g) An association with 30 or more units shall obtain and

maintain fidelity insurance covering persons who control or

disburse funds of the association for the maximum amount of

coverage available to protect funds in the custody or control

of the association plus the association reserve fund. All

management companies which are responsible for the funds held

or administered by the association shall maintain and furnish

to the association a fidelity bond for the maximum amount of

coverage available to protect funds in the custody of the

management company at any time. The association shall bear the

cost of the fidelity insurance and fidelity bond, unless

otherwise provided by contract between the association and a

management company. The association shall be the direct obligee

of any such fidelity bond. A management company holding reserve

funds of an association shall at all times maintain a separate

account for each association, provided, however, that for

investment purposes, the Board of Managers of an association

may authorize a management company to maintain the

association's reserve funds in a single interest bearing

account with similar funds of other associations. The

management company shall at all times maintain records

identifying all moneys of each association in such investment

account. The management company may hold all operating funds of

associations which it manages in a single operating account but

shall at all times maintain records identifying all moneys of

each association in such operating account. Such operating and

reserve funds held by the management company for the

association shall not be subject to attachment by any creditor

of the management company.

For the purpose of this subsection a management company

shall be defined as a person, partnership, corporation, or

other legal entity entitled to transact business on behalf of

others, acting on behalf of or as an agent for a unit owner,

unit owners or association of unit owners for the purpose of

carrying out the duties, responsibilities, and other

obligations necessary for the day to day operation and

management of any property subject to this Act. For purposes of

this subsection, the term "fiduciary insurance coverage" shall

be defined as both a fidelity bond and directors and officers

liability coverage, the fidelity bond in the full amount of

association funds and association reserves that will be in the

custody of the association, and the directors and officers

liability coverage at a level as shall be determined to be

reasonable by the board of managers, if not otherwise

established by the declaration or by laws.

Until one year after the effective date of this amendatory

Act of 1985, if a condominium association has reserves plus

assessments in excess of $250,000 and cannot reasonably obtain

100% fidelity bond coverage for such amount, then it must

obtain a fidelity bond coverage of $250,000.

(h) Method of estimating the amount of the annual budget,

and the manner of assessing and collecting from the unit owners

their respective shares of such estimated expenses, and of any

other expenses lawfully agreed upon.

(i) That upon 10 days notice to the manager or board of

managers and payment of a reasonable fee, any unit owner shall

be furnished a statement of his account setting forth the

amount of any unpaid assessments or other charges due and owing

from such owner.

(j) Designation and removal of personnel necessary for the

maintenance, repair and replacement of the common elements.

(k) Such restrictions on and requirements respecting the

use and maintenance of the units and the use of the common

elements, not set forth in the declaration, as are designed to

prevent unreasonable interference with the use of their

respective units and of the common elements by the several unit

owners.

(l) Method of adopting and of amending administrative rules

and regulations governing the operation and use of the common

elements.

(m) The percentage of votes required to modify or amend the

bylaws, but each one of the particulars set forth in this

section shall always be embodied in the bylaws.

(n)(i) The provisions of this Act, the declaration, bylaws,

other condominium instruments, and rules and regulations that

relate to the use of the individual unit or the common elements

shall be applicable to any person leasing a unit and shall be

deemed to be incorporated in any lease executed or renewed on

or after the effective date of this amendatory Act of 1984.

(ii) With regard to any lease entered into subsequent to the

effective date of this amendatory Act of 1989, the unit owner

leasing the unit shall deliver a copy of the signed lease to

the board or if the lease is oral, a memorandum of the lease,

not later than the date of occupancy or 10 days after the lease

is signed, whichever occurs first. In addition to any other

remedies, by filing an action jointly against the tenant and

the unit owner, an association may seek to enjoin a tenant from

occupying a unit or seek to evict a tenant under the provisions

of Article IX of the Code of Civil Procedure for failure of the

lessor-owner to comply with the leasing requirements

prescribed by this Section or by the declaration, bylaws, and

rules and regulations. The board of managers may proceed

directly against a tenant, at law or in equity, or under the

provisions of Article IX of the Code of Civil Procedure, for

any other breach by tenant of any covenants, rules, regulations

or bylaws.

(o) The association shall have no authority to forbear the

payment of assessments by any unit owner.

(p) That when 30% or fewer of the units, by number, possess

over 50% in the aggregate of the votes in the association, any

percentage vote of members specified herein or in the

condominium instruments shall require the specified percentage

by number of units rather than by percentage of interest in the

common elements allocated to units that would otherwise be

applicable and garage units or storage units, or both, shall

have, in total, no more votes than their aggregate percentage

of ownership in the common elements; this shall mean that if

garage units or storage units, or both, are to be given a vote,

or portion of a vote, that the association must add the total

number of votes cast of garage units, storage units, or both,

and divide the total by the number of garage units, storage

units, or both, and multiply by the aggregate percentage of

ownership of garage units and storage units to determine the

vote, or portion of a vote, that garage units or storage units,

or both, have. For purposes of this subsection (p), when making

a determination of whether 30% or fewer of the units, by

number, possess over 50% in the aggregate of the votes in the

association, a unit shall not include a garage unit or a

storage unit.

(q) That a unit owner may not assign, delegate, transfer,

surrender, or avoid the duties, responsibilities, and

liabilities of a unit owner under this Act, the condominium

instruments, or the rules and regulations of the Association;

and that such an attempted assignment, delegation, transfer,

surrender, or avoidance shall be deemed void.

The provisions of this Section are applicable to all

condominium instruments recorded under this Act. Any portion of

a condominium instrument which contains provisions contrary to

these provisions shall be void as against public policy and

ineffective. Any such instrument which fails to contain the

provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.

(Source: P.A. 98-1042, eff. 1-1-15.)

(765 ILCS 605/27) (from Ch. 30, par. 327)

Sec. 27. Amendments.

(a) If there is any unit owner other than the developer,

and unless otherwise provided in this Act, the condominium

instruments shall be amended only as follows:

(i) upon the affirmative vote of 2/3 of those voting or

upon the majority specified by the condominium

instruments, provided that in no event shall the

condominium instruments require more than a three-quarters

vote of all unit owners; and

(ii) with the approval of, or notice to, any mortgagees

or other lienholders of record, if required under the

provisions of the condominium instruments.

(b)(1) If there is an omission, error, or inconsistency in

a condominium instrument, such that a provision of a

condominium instrument does not conform to this Act or to

another applicable statute, the association may correct the

omission, error, or inconsistency to conform the condominium

instrument to this Act or to another applicable statute by an

amendment adopted by vote of two-thirds of the Board of

Managers, without a unit owner vote. A provision in a

condominium instrument requiring or allowing unit owners,

mortgagees, or other lienholders of record to vote to approve

an amendment to a condominium instrument, or for the mortgagees

or other lienholders of record to be given notice of an

amendment to a condominium instrument, is not applicable to an

amendment to the extent that the amendment corrects an

omission, error, or inconsistency to conform the condominium

instrument to this Act or to another applicable statute or

error in the declaration, bylaws or other condominium

instrument, the association may correct the error or omission

by an amendment to the declaration, bylaws, or other

condominium instrument in such respects as may be required to

conform to this Act, and any other applicable statute or to the

declaration by vote of two-thirds of the members of the Board

of Managers or by a majority vote of the unit owners at a

meeting called for this purpose, unless the Act or the

condominium instruments specifically provide for greater

percentages or different procedures.

(2) If through a scrivener's error, a unit has not been

designated as owning an appropriate undivided share of the

common elements or does not bear an appropriate share of the

common expenses or that all the common expenses or all of the

common elements in the condominium have not been distributed in

the declaration, so that the sum total of the shares of common

elements which have been distributed or the sum total of the

shares of the common expenses fail to equal 100%, or if it

appears that more than 100% of the common elements or common

expenses have been distributed, the error may be corrected by

operation of law by filing an amendment to the declaration

approved by vote of two-thirds of the members of the Board of

Managers or a majority vote of the unit owners at a meeting

called for this purpose which proportionately adjusts all

percentage interests so that the total is equal to 100% unless

the condominium instruments specifically provide for a

different procedure or different percentage vote by the owners

of the units and the owners of mortgages thereon affected by

modification being made in the undivided interest in the common

elements, the number of votes in the unit owners association or

the liability for common expenses appertaining to the unit.

(3) If an omission or error or a scrivener's error in the

declaration, bylaws or other condominium instrument is

corrected by vote of two-thirds of the members of the Board of

Managers pursuant to the authority established in subsections

(b)(1) or (b)(2) of Section 27 of this Act, the Board upon

written petition by unit owners with 20 percent of the votes of

the association filed within 30 days of the Board action shall

call a meeting of the unit owners within 30 days of the filing

of the petition to consider the Board action. Unless a majority

of the votes of the unit owners of the association are cast at

the meeting to reject the action, it is ratified whether or not

a quorum is present.

(4) The procedures for amendments set forth in this

subsection (b) cannot be used if such an amendment would

materially or adversely affect property rights of the unit

owners unless the affected unit owners consent in writing. This

Section does not restrict the powers of the association to

otherwise amend the declaration, bylaws, or other condominium

instruments, but authorizes a simple process of amendment

requiring a lesser vote for the purpose of correcting defects,

errors, or omissions when the property rights of the unit

owners are not materially or adversely affected.

(5) If there is an omission or error in the declaration,

bylaws, or other condominium instruments, which may not be

corrected by an amendment procedure set forth in paragraphs (1)

and (2) of subsection (b) of Section 27 in the declaration then

the Circuit Court in the County in which the condominium is

located shall have jurisdiction to hear a petition of one or

more of the unit owners thereon or of the association, to

correct the error or omission, and the action may be a class

action. The court may require that one or more methods of

correcting the error or omission be submitted to the unit

owners to determine the most acceptable correction. All unit

owners in the association must be joined as parties to the

action. Service of process on owners may be by publication, but

the plaintiff shall furnish all unit owners not personally

served with process with copies of the petition and final

judgment of the court by certified mail return receipt

requested, at their last known address.

(6) Nothing contained in this Section shall be construed to

invalidate any provision of a condominium instrument

authorizing the developer to amend a condominium instrument

prior to the latest date on which the initial membership

meeting of the unit owners must be held, whether or nor it has

actually been held, to bring the instrument into compliance

with the legal requirements of the Federal National Mortgage

Association, the Federal Home Loan Mortgage Corporation, the

Federal Housing Administration, the United States Veterans

Administration or their respective successors and assigns.

(Source: P.A. 98-282, eff. 1-1-14.)