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|[ Introduced ]||[ Enrolled ]||[ Senate Amendment 001 ]|
|[ Senate Amendment 002 ]|
90_SB0358eng 765 ILCS 605/3 from Ch. 30, par. 303 Amends the Condominium Property Act to make a technical change to a provision concerning submission of property. LRB9002826NTsb SB358 Engrossed LRB9002826NTsb 1 AN ACT to amend the Condominium Property Act by changing 2 Section 31. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Condominium Property Act is amended by 6 changing Section 31 as follows: 7 (765 ILCS 605/31) (from Ch. 30, par. 331) 8 Sec. 31. Subdivision or combination of units. Unless 9 the condominium instruments expressly prohibit the 10 subdivision or combination of any units, and subject to 11 additional limitations provided by the condominium 12 instruments, the owner or owners may, at their own expense, 13 subdivide or combine and locate or relocate common elements 14 affected or required thereby, in accordance with the 15 provisions of the condominium instruments and the 16 requirements of this Act. The owner or owners shall make 17 written application to the board of managers, requesting an 18 amendment to the condominium instruments, setting forth in 19 the application a proposed reallocation to the new units of 20 the percentage interest in the common elements, and setting 21 forth whether the limited common elements, if any, previously 22 assigned to the unit to be subdivided should be assigned to 23 each new unit or to fewer than all of the new units created 24 and requesting, if desired in the event of a combination of 25 any units, that the new unit be granted the exclusive right 26 to use as a limited common element, a portion of the common 27 elements within the building adjacent to the new unit. If 28 the transaction is approved by a majority of the board of 29 managers, it shall be effective upon (1) recording of an 30 amendment to condominium instruments in accordance with the 31 provisions of Sections 5 and 6 of this Act, and (2) execution SB358 Engrossed -2- LRB9002826NTsb 1 by the owners of the units involved. In the event of a 2 combination of any units, the amendment may grant the owner 3 of the combined unit the exclusive right to use, as a limited 4 common element, a portion of the common elements within the 5 building adjacent to the new unit. The request for the 6 amendment shall be granted and the amendment shall grant this 7 exclusive right to use as a limited common element if the 8 following conditions are met: 9 (1) the common element for which the exclusive 10 right to use as a limited common element is sought is not 11 necessary or practical for use by the owners of any units 12 other than the owner or owners of the combined unit; and 13 (2) the owner or owners of the combined unit are 14 responsible for any and all costs associated with the 15 renovation, modification, or other adaptation performed 16 as a result of the granting of the exclusive right to use 17 as a limited common element. 18 If the combined unit is divided, part of the original 19 combined unit is sold, and the grant of the exclusive right 20 to use as a limited common element is no longer necessary, 21 practical, or appropriate for the use and enjoyment of the 22 owner or owners of the original combined unit, the board may 23 terminate the grant of the exclusive right to use as a 24 limited common element and require that the owner or owners 25 of the original combined unit restore the common area to its 26 condition prior to the grant of the exclusive right to use as 27 a limited common element. If the combined unit is sold 28 without being divided, the grant of the exclusive right to 29 use as a limited common element shall apply to the new owner 30 or owners of the combined unit, who shall assume the rights 31 and responsibilities of the original owner or owners. 32 (Source: P.A. 88-417.) 33 Section 99. Effective date. This Act takes effect upon SB358 Engrossed -3- LRB9002826NTsb 1 becoming law.
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