HB5509 Enrolled LRB096 18796 AJO 34181 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Code of Civil Procedure is amended by
5		changing Section 15-1507 as follows:
6		(735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507)
7		Sec. 15-1507. Judicial Sale.
8		(a) In General. Except as provided in Sections 15-1402 and
9		15-1403, upon entry of a judgment of foreclosure, the real
10		estate which is the subject of the judgment shall be sold at a
11		judicial sale in accordance with this Section 15-1507.
12		(b) Sale Procedures. Upon expiration of the reinstatement
13		period and the redemption period in accordance with subsection
14		(b) or (c) of Section 15-1603 or upon the entry of a judgment
15		of foreclosure after the waiver of all rights of redemption,
16		except as provided in subsection (g) of Section 15-1506, the
17		real estate shall be sold at a sale as provided in this
18		Article, on such terms and conditions as shall be specified by
19		the court in the judgment of foreclosure. A sale may be
20		conducted by any judge or sheriff.
21		(c) Notice of Sale. The mortgagee, or such other party
22		designated by the court, in a foreclosure under this Article
23		shall give public notice of the sale as follows:

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1		(1) The notice of sale shall include at least the
2		following information, but an immaterial error in the
3		information shall not invalidate the legal effect of the
4		notice:
5		(A) the name, address and telephone number of the
6		person to contact for information regarding the real
7		estate;
8		(B) the common address and other common
9		description (other than legal description), if any, of
10		the real estate;
11		(C) a legal description of the real estate
12		sufficient to identify it with reasonable certainty;
13		(D) a description of the improvements on the real
14		estate;
15		(E) the times specified in the judgment, if any,
16		when the real estate may be inspected prior to sale;
17		(F) the time and place of the sale;
18		(G) the terms of the sale;
19		(H) the case title, case number and the court in
20		which the foreclosure was filed;
21		(H-1) in the case of a condominium unit to which
22		subsection (g) of Section 9 of the Condominium Property
23		Act applies, the statement required by subdivision
24		(g)(5) of Section 9 of the Condominium Property Act;
25		and
26		(H-2) in the case of a unit of a common interest

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1		community to which subsection (g-1) of Section 18.5 of
2		the Condominium Property Act applies, the statement
3		required by subdivision (g-1) of Section 18.5 of the
4		Condominium Property Act; and
5		(I) such other information ordered by the Court.
6		(2) The notice of sale shall be published at least 3
7		consecutive calendar weeks (Sunday through Saturday), once
8		in each week, the first such notice to be published not
9		more than 45 days prior to the sale, the last such notice
10		to be published not less than 7 days prior to the sale, by:
11		(i) (A) advertisements in a newspaper circulated to the
12		general public in the county in which the real estate is
13		located, in the section of that newspaper where legal
14		notices are commonly placed and (B) separate
15		advertisements in the section of such a newspaper, which
16		(except in counties with a population in excess of
17		3,000,000) may be the same newspaper, in which real estate
18		other than real estate being sold as part of legal
19		proceedings is commonly advertised to the general public;
20		provided, that the separate advertisements in the real
21		estate section need not include a legal description and
22		that where both advertisements could be published in the
23		same newspaper and that newspaper does not have separate
24		legal notices and real estate advertisement sections, a
25		single advertisement with the legal description shall be
26		sufficient; and (ii) such other publications as may be

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1		further ordered by the court.
2		(3) The party who gives notice of public sale in
3		accordance with subsection (c) of Section 15-1507 shall
4		also give notice to all parties in the action who have
5		appeared and have not theretofore been found by the court
6		to be in default for failure to plead. Such notice shall be
7		given in the manner provided in the applicable rules of
8		court for service of papers other than process and
9		complaint, not more than 45 days nor less than 7 days prior
10		to the day of sale. After notice is given as required in
11		this Section a copy thereof shall be filed in the office of
12		the clerk of the court entering the judgment, together with
13		a certificate of counsel or other proof that notice has
14		been served in compliance with this Section.
15		(4) The party who gives notice of public sale in
16		accordance with subsection (c) of Section 15-1507 shall
17		again give notice in accordance with that Section of any
18		adjourned sale; provided, however, that if the adjourned
19		sale is to occur less than 60 days after the last scheduled
20		sale, notice of any adjourned sale need not be given
21		pursuant to this Section. In the event of adjournment, the
22		person conducting the sale shall, upon adjournment,
23		announce the date, time and place upon which the adjourned
24		sale shall be held. Notwithstanding any language to the
25		contrary, for any adjourned sale that is to be conducted
26		more than 60 days after the date on which it was to first

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1		be held, the party giving notice of such sale shall again
2		give notice in accordance with this Section.
3		(5) Notice of the sale may be given prior to the
4		expiration of any reinstatement period or redemption
5		period.
6		(6) No other notice by publication or posting shall be
7		necessary unless required by order or rule of the court.
8		(7) The person named in the notice of sale to be
9		contacted for information about the real estate may, but
10		shall not be required, to provide additional information
11		other than that set forth in the notice of sale.
12		(d) Election of Property. If the real estate which is the
13		subject of a judgment of foreclosure is susceptible of
14		division, the court may order it to be sold as necessary to
15		satisfy the judgment. The court shall determine which real
16		estate shall be sold, and the court may determine the order in
17		which separate tracts may be sold.
18		(e) Receipt upon Sale. Upon and at the sale of mortgaged
19		real estate, the person conducting the sale shall give to the
20		purchaser a receipt of sale. The receipt shall describe the
21		real estate purchased and shall show the amount bid, the amount
22		paid, the total amount paid to date and the amount still to be
23		paid therefor. An additional receipt shall be given at the time
24		of each subsequent payment.
25		(f) Certificate of Sale. Upon payment in full of the amount
26		bid, the person conducting the sale shall issue, in duplicate,

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1		and give to the purchaser a Certificate of Sale. The
2		Certificate of Sale shall be in a recordable form, describe the
3		real estate purchased, indicate the date and place of sale and
4		show the amount paid therefor. The Certificate of Sale shall
5		further indicate that it is subject to confirmation by the
6		court. The duplicate certificate may be recorded in accordance
7		with Section 12-121. The Certificate of Sale shall be freely
8		assignable by endorsement thereon.
9		(g) Interest after Sale. Any bid at sale shall be deemed to
10		include, without the necessity of a court order, interest at
11		the statutory judgment rate on any unpaid portion of the sale
12		price from the date of sale to the date of payment.
13		(Source: P.A. 94-1049, eff. 1-1-07.)
14		Section 10. The Condominium Property Act is amended by
15		changing Section 18.5 as follows:
16		(765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
17		Sec. 18.5. Master Associations.
18		(a) If the declaration, other condominium instrument, or
19		other duly recorded covenants provide that any of the powers of
20		the unit owners associations are to be exercised by or may be
21		delegated to a nonprofit corporation or unincorporated
22		association that exercises those or other powers on behalf of
23		one or more condominiums, or for the benefit of the unit owners
24		of one or more condominiums, such corporation or association

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1		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 interpreted
8		consistently with the similar parallel provisions found in
9		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 by
14		the board of the master association, a copy of the proposed
15		annual budget.
16		(2) The board of the master association shall annually
17		supply to all unit owners of condominiums subject to the
18		authority of the board of the master association an
19		itemized accounting of the common expenses for the
20		preceding year actually incurred or paid, together with a
21		tabulation of the amounts collected pursuant to the budget
22		or assessment, and showing the net excess or deficit of
23		income over expenditures plus reserves.
24		(3) Each unit owner of a condominium subject to the
25		authority of the board of the master association shall
26		receive written notice mailed or delivered no less than 10

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1		and no more than 30 days prior to any meeting of the board
2		of the master association concerning the adoption of the
3		proposed annual budget or any increase in the budget, or
4		establishment of an assessment.
5		(4) Meetings of the board of the master association
6		shall be open to any unit owner in a condominium subject to
7		the authority of the board of the master association,
8		except for the portion of any meeting held:
9		(A) to discuss litigation when an action against or
10		on behalf of the particular master association has been
11		filed and is pending in a court or administrative
12		tribunal, or when the board of the master association
13		finds that such an action is probable or imminent,
14		(B) to consider information regarding appointment,
15		employment or dismissal of an employee, or
16		(C) to discuss violations of rules and regulations
17		of the master association or unpaid common expenses
18		owed to the master association.
19		Any vote on these matters shall be taken at a meeting or
20		portion thereof open to any unit owner of a condominium
21		subject to the authority of the master association.
22		Any unit owner may record the proceedings at meetings
23		required to be open by this Act by tape, film or other
24		means; the board may prescribe reasonable rules and
25		regulations to govern the right to make such recordings.
26		Notice of meetings shall be mailed or delivered at least 48

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1		hours prior thereto, unless a written waiver of such notice
2		is signed by the persons entitled to notice before the
3		meeting is convened. Copies of notices of meetings of the
4		board of the master association shall be posted in
5		entranceways, elevators, or other conspicuous places in
6		the condominium at least 48 hours prior to the meeting of
7		the board of the master association. Where there is no
8		common entranceway for 7 or more units, the board of the
9		master association may designate one or more locations in
10		the proximity of these units where the notices of meetings
11		shall be posted.
12		(5) If the declaration provides for election by unit
13		owners of members of the board of directors in the event of
14		a resale of a unit in the master association, the purchaser
15		of a unit from a seller other than the developer pursuant
16		to an installment contract for purchase shall, during such
17		times as he or she resides in the unit, be counted toward a
18		quorum for purposes of election of members of the board of
19		directors at any meeting of the unit owners called for
20		purposes of electing members of the board, and shall have
21		the right to vote for the election of members of the board
22		of directors and to be elected to and serve on the board of
23		directors unless the seller expressly retains in writing
24		any or all of those rights. In no event may the seller and
25		purchaser both be counted toward a quorum, be permitted to
26		vote for a particular office, or be elected and serve on

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1		the board. Satisfactory evidence of the installment
2		contract shall be made available to the association or its
3		agents. For purposes of this subsection, "installment
4		contract" shall have the same meaning as set forth in
5		subsection (e) of Section 1 of the Dwelling Unit
6		Installment Contract Act.
7		(6) The board of the master association shall have the
8		authority to establish and maintain a system of master
9		metering of public utility services and to collect payments
10		in connection therewith, subject to the requirements of the
11		Tenant Utility Payment Disclosure Act.
12		(7) The board of the master association or a common
13		interest community association shall have the power, after
14		notice and an opportunity to be heard, to levy and collect
15		reasonable fines from members for violations of the
16		declaration, bylaws, and rules and regulations of the
17		master association or the common interest community
18		association. Nothing contained in this subdivision (7)
19		shall give rise to a statutory lien for unpaid fines.
20		(8) Other than attorney's fees, no fees pertaining to
21		the collection of a unit owner's financial obligation to
22		the Association, including fees charged by a manager or
23		managing agent, shall be added to and deemed a part of an
24		owner's respective share of the common expenses unless: (i)
25		the managing agent fees relate to the costs to collect
26		common expenses for the Association; (ii) the fees are set

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1		forth in a contract between the managing agent and the
2		Association; and (iii) the authority to add the management
3		fees to an owner's respective share of the common expenses
4		is specifically stated in the declaration or bylaws of the
5		Association.
6		(d) Records.
7		(1) The board of the master association shall maintain
8		the following records of the association and make them
9		available for examination and copying at convenient hours
10		of weekdays by any unit owners in a condominium subject to
11		the authority of the board or their mortgagees and their
12		duly authorized agents or attorneys:
13		(i) Copies of the recorded declaration, other
14		condominium instruments, other duly recorded covenants
15		and bylaws and any amendments, articles of
16		incorporation of the master association, annual
17		reports and any rules and regulations adopted by the
18		master association or its board shall be available.
19		Prior to the organization of the master association,
20		the developer shall maintain and make available the
21		records set forth in this subdivision (d)(1) for
22		examination and copying.
23		(ii) Detailed and accurate records in
24		chronological order of the receipts and expenditures
25		affecting the common areas, specifying and itemizing
26		the maintenance and repair expenses of the common areas

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1		and any other expenses incurred, and copies of all
2		contracts, leases, or other agreements entered into by
3		the master association, shall be maintained.
4		(iii) The minutes of all meetings of the master
5		association and the board of the master association
6		shall be maintained for not less than 7 years.
7		(iv) Ballots and proxies related thereto, if any,
8		for any election held for the board of the master
9		association and for any other matters voted on by the
10		unit owners shall be maintained for not less than one
11		year.
12		(v) Such other records of the master association as
13		are available for inspection by members of a
14		not-for-profit corporation pursuant to Section 107.75
15		of the General Not For Profit Corporation Act of 1986
16		shall be maintained.
17		(vi) With respect to units owned by a land trust,
18		if a trustee designates in writing a person to cast
19		votes on behalf of the unit owner, the designation
20		shall remain in effect until a subsequent document is
21		filed with the association.
22		(2) Where a request for records under this subsection
23		is made in writing to the board of managers or its agent,
24		failure to provide the requested record or to respond
25		within 30 days shall be deemed a denial by the board of
26		directors.

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1		(3) A reasonable fee may be charged by the master
2		association or its board for the cost of copying.
3		(4) If the board of directors fails to provide records
4		properly requested under subdivision (d)(1) within the
5		time period provided in subdivision (d)(2), the unit owner
6		may seek appropriate relief, including an award of
7		attorney's fees and costs.
8		(e) The board of directors shall have standing and capacity
9		to act in a representative capacity in relation to matters
10		involving the common areas of the master association or more
11		than one unit, on behalf of the unit owners as their interests
12		may appear.
13		(f) Administration of property prior to election of the
14		initial board of directors.
15		(1) Until the election, by the unit owners or the
16		boards of managers of the underlying condominium
17		associations, of the initial board of directors of a master
18		association whose declaration is recorded on or after
19		August 10, 1990, the same rights, titles, powers,
20		privileges, trusts, duties and obligations that are vested
21		in or imposed upon the board of directors by this Act or in
22		the declaration or other duly recorded covenant shall be
23		held and performed by the developer.
24		(2) The election of the initial board of directors of a
25		master association whose declaration is recorded on or
26		after August 10, 1990, by the unit owners or the boards of

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1		managers of the underlying condominium associations, shall
2		be held not later than 60 days after the conveyance by the
3		developer of 75% of the units, or 3 years after the
4		recording of the declaration, whichever is earlier. The
5		developer shall give at least 21 days notice of the meeting
6		to elect the initial board of directors and shall upon
7		request provide to any unit owner, within 3 working days of
8		the request, the names, addresses, and weighted vote of
9		each unit owner entitled to vote at the meeting. Any unit
10		owner shall upon receipt of the request be provided with
11		the same information, within 10 days of the request, with
12		respect to each subsequent meeting to elect members of the
13		board of directors.
14		(3) If the initial board of directors of a master
15		association whose declaration is recorded on or after
16		August 10, 1990 is not elected by the unit owners or the
17		members of the underlying condominium association board of
18		managers at the time established in subdivision (f)(2), the
19		developer shall continue in office for a period of 30 days,
20		whereupon written notice of his resignation shall be sent
21		to all of the unit owners or members of the underlying
22		condominium board of managers entitled to vote at an
23		election for members of the board of directors.
24		(4) Within 60 days following the election of a majority
25		of the board of directors, other than the developer, by
26		unit owners, the developer shall deliver to the board of

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1		directors:
2		(i) All original documents as recorded or filed
3		pertaining to the property, its administration, and
4		the association, such as the declaration, articles of
5		incorporation, other instruments, annual reports,
6		minutes, rules and regulations, and contracts, leases,
7		or other agreements entered into by the association. If
8		any original documents are unavailable, a copy may be
9		provided if certified by affidavit of the developer, or
10		an officer or agent of the developer, as being a
11		complete copy of the actual document recorded or filed.
12		(ii) A detailed accounting by the developer,
13		setting forth the source and nature of receipts and
14		expenditures in connection with the management,
15		maintenance and operation of the property, copies of
16		all insurance policies, and a list of any loans or
17		advances to the association which are outstanding.
18		(iii) Association funds, which shall have been at
19		all times segregated from any other moneys of the
20		developer.
21		(iv) A schedule of all real or personal property,
22		equipment and fixtures belonging to the association,
23		including documents transferring the property,
24		warranties, if any, for all real and personal property
25		and equipment, deeds, title insurance policies, and
26		all tax bills.

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1		(v) A list of all litigation, administrative
2		action and arbitrations involving the association, any
3		notices of governmental bodies involving actions taken
4		or which may be taken concerning the association,
5		engineering and architectural drawings and
6		specifications as approved by any governmental
7		authority, all other documents filed with any other
8		governmental authority, all governmental certificates,
9		correspondence involving enforcement of any
10		association requirements, copies of any documents
11		relating to disputes involving unit owners, and
12		originals of all documents relating to everything
13		listed in this subparagraph.
14		(vi) If the developer fails to fully comply with
15		this paragraph (4) within the 60 days provided and
16		fails to fully comply within 10 days of written demand
17		mailed by registered or certified mail to his or her
18		last known address, the board may bring an action to
19		compel compliance with this paragraph (4). If the court
20		finds that any of the required deliveries were not made
21		within the required period, the board shall be entitled
22		to recover its reasonable attorneys' fees and costs
23		incurred from and after the date of expiration of the
24		10 day demand.
25		(5) With respect to any master association whose
26		declaration is recorded on or after August 10, 1990, any

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1		contract, lease, or other agreement made prior to the
2		election of a majority of the board of directors other than
3		the developer by or on behalf of unit owners or underlying
4		condominium associations, the association or the board of
5		directors, which extends for a period of more than 2 years
6		from the recording of the declaration, shall be subject to
7		cancellation by more than 1/2 of the votes of the unit
8		owners, other than the developer, cast at a special meeting
9		of members called for that purpose during a period of 90
10		days prior to the expiration of the 2 year period if the
11		board of managers is elected by the unit owners, otherwise
12		by more than 1/2 of the underlying condominium board of
13		managers. At least 60 days prior to the expiration of the 2
14		year period, the board of directors, or, if the board is
15		still under developer control, then the board of managers
16		or the developer shall send notice to every unit owner or
17		underlying condominium board of managers, notifying them
18		of this provision, of what contracts, leases and other
19		agreements are affected, and of the procedure for calling a
20		meeting of the unit owners or for action by the underlying
21		condominium board of managers for the purpose of acting to
22		terminate such contracts, leases or other agreements.
23		During the 90 day period the other party to the contract,
24		lease, or other agreement shall also have the right of
25		cancellation.
26		(6) The statute of limitations for any actions in law

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1		or equity which the master association may bring shall not
2		begin to run until the unit owners or underlying
3		condominium board of managers have elected a majority of
4		the members of the board of directors.
5		(g) In the event of any resale of a unit in a master
6		association by a unit owner other than the developer, the owner
7		shall obtain from the board of directors and shall make
8		available for inspection to the prospective purchaser, upon
9		demand, the following:
10		(1) A copy of the declaration, other instruments and
11		any rules and regulations.
12		(2) A statement of any liens, including a statement of
13		the account of the unit setting forth the amounts of unpaid
14		assessments and other charges due and owing.
15		(3) A statement of any capital expenditures
16		anticipated by the association within the current or
17		succeeding 2 fiscal years.
18		(4) A statement of the status and amount of any reserve
19		for replacement fund and any portion of such fund earmarked
20		for any specified project by the board of directors.
21		(5) A copy of the statement of financial condition of
22		the association for the last fiscal year for which such a
23		statement is available.
24		(6) A statement of the status of any pending suits or
25		judgments in which the association is a party.
26		(7) A statement setting forth what insurance coverage

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1		is provided for all unit owners by the association.
2		(8) A statement that any improvements or alterations
3		made to the unit, or any part of the common areas assigned
4		thereto, by the prior unit owner are in good faith believed
5		to be in compliance with the declaration of the master
6		association.
7		The principal officer of the unit owner's association or
8		such other officer as is specifically designated shall furnish
9		the above information when requested to do so in writing,
10		within 30 days of receiving the request.
11		A reasonable fee covering the direct out-of-pocket cost of
12		copying and providing such information may be charged by the
13		association or its board of directors to the unit seller for
14		providing the information.
15		(g-1) The purchaser of a unit of a common interest
16		community at a judicial foreclosure sale, other than a
17		mortgagee, who takes possession of a unit of a common interest
18		community pursuant to a court order or a purchaser who acquires
19		title from a mortgagee shall have the duty to pay the
20		proportionate share, if any, of the common expenses for the
21		unit that would have become due in the absence of any
22		assessment acceleration during the 6 months immediately
23		preceding institution of an action to enforce the collection of
24		assessments, and that remain unpaid by the owner during whose
25		possession the assessments accrued. If the outstanding
26		assessments are paid at any time during any action to enforce

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1		the collection of assessments, the purchaser shall have no
2		obligation to pay any assessments that accrued before he or she
3		acquired title. The notice of sale of a unit of a common
4		interest community under subsection (c) of Section 15-1507 of
5		the Code of Civil Procedure shall state that the purchaser of
6		the unit other than a mortgagee shall pay the assessments
7		required by this subsection (g-1).
8		(h) Errors and omissions.
9		(1) If there is an omission or error in the declaration
10		or other instrument of the master association, the master
11		association may correct the error or omission by an
12		amendment to the declaration or other instrument, as may be
13		required to conform it to this Act, to any other applicable
14		statute, or to the declaration. The amendment shall be
15		adopted by vote of two-thirds of the members of the board
16		of directors or by a majority vote of the unit owners at a
17		meeting called for that purpose, unless the Act or the
18		declaration of the master association specifically
19		provides for greater percentages or different procedures.
20		(2) If, through a scrivener's error, a unit has not
21		been designated as owning an appropriate undivided share of
22		the common areas or does not bear an appropriate share of
23		the common expenses, or if all of the common expenses or
24		all of the common elements in the condominium have not been
25		distributed in the declaration, so that the sum total of
26		the shares of common areas which have been distributed or

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1		the sum total of the shares of the common expenses fail to
2		equal 100%, or if it appears that more than 100% of the
3		common elements or common expenses have been distributed,
4		the error may be corrected by operation of law by filing an
5		amendment to the declaration, approved by vote of
6		two-thirds of the members of the board of directors or a
7		majority vote of the unit owners at a meeting called for
8		that purpose, which proportionately adjusts all percentage
9		interests so that the total is equal to 100%, unless the
10		declaration specifically provides for a different
11		procedure or different percentage vote by the owners of the
12		units and the owners of mortgages thereon affected by
13		modification being made in the undivided interest in the
14		common areas, the number of votes in the unit owners
15		association or the liability for common expenses
16		appertaining to the unit.
17		(3) If an omission or error or a scrivener's error in
18		the declaration or other instrument is corrected by vote of
19		two-thirds of the members of the board of directors
20		pursuant to the authority established in subdivisions
21		(h)(1) or (h)(2) of this Section, the board, upon written
22		petition by unit owners with 20% of the votes of the
23		association or resolutions adopted by the board of managers
24		or board of directors of the condominium and common
25		interest community associations which select 20% of the
26		members of the board of directors of the master

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1		association, whichever is applicable, received within 30
2		days of the board action, shall call a meeting of the unit
3		owners or the boards of the condominium and common interest
4		community associations which select members of the board of
5		directors of the master association within 30 days of the
6		filing of the petition or receipt of the condominium and
7		common interest community association resolution to
8		consider the board action. Unless a majority of the votes
9		of the unit owners of the association are cast at the
10		meeting to reject the action, or board of managers or board
11		of directors of condominium and common interest community
12		associations which select over 50% of the members of the
13		board of the master association adopt resolutions prior to
14		the meeting rejecting the action of the board of directors
15		of the master association, it is ratified whether or not a
16		quorum is present.
17		(4) The procedures for amendments set forth in this
18		subsection (h) cannot be used if such an amendment would
19		materially or adversely affect property rights of the unit
20		owners unless the affected unit owners consent in writing.
21		This Section does not restrict the powers of the
22		association to otherwise amend the declaration, bylaws, or
23		other condominium instruments, but authorizes a simple
24		process of amendment requiring a lesser vote for the
25		purpose of correcting defects, errors, or omissions when
26		the property rights of the unit owners are not materially

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1		or adversely affected.
2		(5) If there is an omission or error in the declaration
3		or other instruments that may not be corrected by an
4		amendment procedure set forth in subdivision (h)(1) or
5		(h)(2) of this Section, then the circuit court in the
6		county in which the master association is located shall
7		have jurisdiction to hear a petition of one or more of the
8		unit owners thereon or of the association, to correct the
9		error or omission, and the action may be a class action.
10		The court may require that one or more methods of
11		correcting the error or omission be submitted to the unit
12		owners to determine the most acceptable correction. All
13		unit owners in the association must be joined as parties to
14		the action. Service of process on owners may be by
15		publication, but the plaintiff shall furnish all unit
16		owners not personally served with process with copies of
17		the petition and final judgment of the court by certified
18		mail, return receipt requested, at their last known
19		address.
20		(6) Nothing contained in this Section shall be
21		construed to invalidate any provision of a declaration
22		authorizing the developer to amend an instrument prior to
23		the latest date on which the initial membership meeting of
24		the unit owners must be held, whether or not it has
25		actually been held, to bring the instrument into compliance
26		with the legal requirements of the Federal National

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1		Mortgage Association, the Federal Home Loan Mortgage
2		Corporation, the Federal Housing Administration, the
3		United States Veterans Administration or their respective
4		successors and assigns.
5		(i) The provisions of subsections (c) through (h) are
6		applicable to all declarations, other condominium instruments,
7		and other duly recorded covenants establishing the powers and
8		duties of the master association recorded under this Act. Any
9		portion of a declaration, other condominium instrument, or
10		other duly recorded covenant establishing the powers and duties
11		of a master association which contains provisions contrary to
12		the provisions of subsection (c) through (h) shall be void as
13		against public policy and ineffective. Any declaration, other
14		condominium instrument, or other duly recorded covenant
15		establishing the powers and duties of the master association
16		which fails to contain the provisions required by subsections
17		(c) through (h) shall be deemed to incorporate such provisions
18		by operation of law.
19		(j) The provisions of subsections (c) through (h) are
20		applicable to all common interest community associations and
21		their unit owners for common interest community associations
22		which are subject to the provisions of Section 9-102(a)(8) of
23		the Code of Civil Procedure. For purposes of this subsection,
24		the terms "common interest community" and "unit owners" shall
25		have the same meaning as set forth in Section 9-102(c) of the
26		Code of Civil Procedure.

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1		(Source: P.A. 94-384, eff. 1-1-06.)
2		Section 99. Effective date. This Act takes effect upon
3		becoming law.