Bill Text: IL SB2358 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Common Interest Community Association Act. Makes a technical change in a Section concerning amendments to the declaration, bylaws, or operating agreement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0569 [SB2358 Detail]

Download: Illinois-2015-SB2358-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2358 Introduced 1/28/2016, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
765 ILCS 160/1-20
Amends the Common Interest Community Association Act. Makes a technical change in a Section concerning amendments to the declaration, bylaws, or operating agreement.
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A BILL FOR
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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 1-20 as follows:
(765 ILCS 160/1-20)
Sec. 1-20. Amendments to the declaration, bylaws, or
operating agreement.
(a) The administration of every property shall be governed
by the the declaration and bylaws or operating agreement, which
may either be embodied in the declaration or in a separate
instrument, a true copy of which shall be appended to and
recorded with the declaration. No modification or amendment of
the declaration, bylaws, or operating agreement shall be valid
unless the same is set forth in an amendment thereof and such
amendment is duly recorded. An amendment of the declaration,
bylaws, or operating agreement shall be deemed effective upon
recordation, unless the amendment sets forth a different
effective date.
(b) Unless otherwise provided by this Act, amendments to
community instruments authorized to be recorded shall be
executed and recorded by the president of the board or such
other officer authorized by the common interest community

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association or the community instruments.
(c) If an association that currently permits leasing amends
its declaration, bylaws, or rules and regulations to prohibit
leasing, nothing in this Act or the declarations, bylaws, rules
and regulations of an association shall prohibit a unit owner
incorporated under 26 USC 501(c)(3) which is leasing a unit at
the time of the prohibition from continuing to do so until such
time that the unit owner voluntarily sells the unit; and no
special fine, fee, dues, or penalty shall be assessed against
the unit owner for leasing its unit.