Illinois General Assembly - Full Text of SB0948
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Full Text of SB0948  100th General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Common Interest Community Association Act is
5amended by changing Section 1-45 as follows:
6    (765 ILCS 160/1-45)
7    Sec. 1-45. Finances.
8    (a) Each member shall receive through a prescribed delivery
9method, at least 25 30 days but not more than 60 days prior to
10the adoption thereof by the board, a copy of the proposed
11annual budget together with an indication of which portions are
12intended for reserves, capital expenditures or repairs or
13payment of real estate taxes.
14    (b) The board shall provide all members with a reasonably
15detailed summary of the receipts, common expenses, and reserves
16for the preceding budget year. The board shall (i) make
17available for review to all members an itemized accounting of
18the common expenses for the preceding year actually incurred or
19paid, together with an indication of which portions were for
20reserves, capital expenditures or repairs or payment of real
21estate taxes and with a tabulation of the amounts collected
22pursuant to the budget or assessment, and showing the net
23excess or deficit of income over expenditures plus reserves or



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1(ii) provide a consolidated annual independent audit report of
2the financial status of all fund accounts within the
4    (c) If an adopted budget or any separate assessment adopted
5by the board would result in the sum of all regular and
6separate assessments payable in the current fiscal year
7exceeding 115% of the sum of all regular and separate
8assessments payable during the preceding fiscal year, the
9common interest community association, upon written petition
10by members with 20% of the votes of the association delivered
11to the board within 14 days of the board action, shall call a
12meeting of the members within 30 days of the date of delivery
13of the petition to consider the budget or separate assessment;
14unless a majority of the total votes of the members are cast at
15the meeting to reject the budget or separate assessment, it
16shall be deemed ratified.
17    (d) If total common expenses exceed the total amount of the
18approved and adopted budget, the common interest community
19association shall disclose this variance to all its members and
20specifically identify the subsequent assessments needed to
21offset this variance in future budgets.
22    (e) Separate assessments for expenditures relating to
23emergencies or mandated by law may be adopted by the board
24without being subject to member approval or the provisions of
25subsection (c) or (f) of this Section. As used herein,
26"emergency" means a danger to or a compromise of the structural



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1integrity of the common areas or any of the common facilities
2of the common interest community. "Emergency" also includes a
3danger to the life, health or safety of the membership.
4    (f) Assessments for additions and alterations to the common
5areas or to association-owned property not included in the
6adopted annual budget, shall be separately assessed and are
7subject to approval of a simple majority of the total members
8at a meeting called for that purpose.
9    (g) The board may adopt separate assessments payable over
10more than one fiscal year. With respect to multi-year
11assessments not governed by subsections (e) and (f) of this
12Section, the entire amount of the multi-year assessment shall
13be deemed considered and authorized in the first fiscal year in
14which the assessment is approved.
15    (h) The board of a common interest community association
16shall have the authority to establish and maintain a system of
17master metering of public utility services to collect payments
18in conjunction therewith, subject to the requirements of the
19Tenant Utility Payment Disclosure Act.
20(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
2197-1090, eff. 8-24-12.)
22    Section 10. The Condominium Property Act is amended by
23changing Section 18.5 as follows:
24    (765 ILCS 605/18.5)  (from Ch. 30, par. 318.5)



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1    Sec. 18.5. Master Associations.
2    (a) If the declaration, other condominium instrument, or
3other duly recorded covenants provide that any of the powers of
4the unit owners associations are to be exercised by or may be
5delegated to a nonprofit corporation or unincorporated
6association that exercises those or other powers on behalf of
7one or more condominiums, or for the benefit of the unit owners
8of one or more condominiums, such corporation or association
9shall be a master association.
10    (b) There shall be included in the declaration, other
11condominium instruments, or other duly recorded covenants
12establishing the powers and duties of the master association
13the provisions set forth in subsections (c) through (h).
14    In interpreting subsections (c) through (h), the courts
15should interpret these provisions so that they are interpreted
16consistently with the similar parallel provisions found in
17other parts of this Act.
18    (c) Meetings and finances.
19        (1) Each unit owner of a condominium subject to the
20    authority of the board of the master association shall
21    receive, at least 25 30 days prior to the adoption thereof
22    by the board of the master association, a copy of the
23    proposed annual budget.
24        (2) The board of the master association shall annually
25    supply to all unit owners of condominiums subject to the
26    authority of the board of the master association an



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1    itemized accounting of the common expenses for the
2    preceding year actually incurred or paid, together with a
3    tabulation of the amounts collected pursuant to the budget
4    or assessment, and showing the net excess or deficit of
5    income over expenditures plus reserves.
6        (3) Each unit owner of a condominium subject to the
7    authority of the board of the master association shall
8    receive written notice mailed or delivered no less than 10
9    and no more than 30 days prior to any meeting of the board
10    of the master association concerning the adoption of the
11    proposed annual budget or any increase in the budget, or
12    establishment of an assessment.
13        (4) Meetings of the board of the master association
14    shall be open to any unit owner in a condominium subject to
15    the authority of the board of the master association,
16    except the board may close any portion of a noticed meeting
17    or meet separately from a noticed meeting to:
18            (A) discuss litigation when an action against or on
19        behalf of the particular association has been filed and
20        is pending in a court or administrative tribunal, or
21        when the board of managers finds that such an action is
22        probable or imminent;
23            (B) discuss the appointment, employment,
24        engagement, or dismissal of an employee, independent
25        contractor, agent, or other provider of goods and
26        services;



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1            (C) interview a potential employee, independent
2        contractor, agent, or other provider of goods and
3        services;
4            (D) discuss violations of rules and regulations of
5        the association;
6            (E) discuss a unit owner's unpaid share of common
7        expenses; or
8            (F) consult with the association's legal counsel.
9    for the portion of any meeting held:
10            (A) to discuss litigation when an action against or
11        on behalf of the particular master association has been
12        filed and is pending in a court or administrative
13        tribunal, or when the board of the master association
14        finds that such an action is probable or imminent,
15            (B) to consider information regarding appointment,
16        employment or dismissal of an employee, or
17            (C) to discuss violations of rules and regulations
18        of the master association or unpaid common expenses
19        owed to the master association.
20    Any vote on these matters shall be taken at a meeting or
21    portion thereof open to any unit owner of a condominium
22    subject to the authority of the master association.
23        Any unit owner may record the proceedings at meetings
24    required to be open by this Act by tape, film or other
25    means; the board may prescribe reasonable rules and
26    regulations to govern the right to make such recordings.



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



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



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



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



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



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



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



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



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1    declaration is recorded on or after August 10, 1990, any
2    contract, lease, or other agreement made prior to the
3    election of a majority of the board of directors other than
4    the developer by or on behalf of unit owners or underlying
5    condominium associations, the association or the board of
6    directors, which extends for a period of more than 2 years
7    from the recording of the declaration, shall be subject to
8    cancellation by more than 1/2 of the votes of the unit
9    owners, other than the developer, cast at a special meeting
10    of members called for that purpose during a period of 90
11    days prior to the expiration of the 2 year period if the
12    board of managers is elected by the unit owners, otherwise
13    by more than 1/2 of the underlying condominium board of
14    managers. At least 60 days prior to the expiration of the 2
15    year period, the board of directors, or, if the board is
16    still under developer control, then the board of managers
17    or the developer shall send notice to every unit owner or
18    underlying condominium board of managers, notifying them
19    of this provision, of what contracts, leases and other
20    agreements are affected, and of the procedure for calling a
21    meeting of the unit owners or for action by the underlying
22    condominium board of managers for the purpose of acting to
23    terminate such contracts, leases or other agreements.
24    During the 90 day period the other party to the contract,
25    lease, or other agreement shall also have the right of
26    cancellation.



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



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



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



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1    the common expenses, or if all of the common expenses or
2    all of the common elements in the condominium have not been
3    distributed in the declaration, so that the sum total of
4    the shares of common areas which have been distributed or
5    the sum total of the shares of the common expenses fail to
6    equal 100%, or if it appears that more than 100% of the
7    common elements or common expenses have been distributed,
8    the error may be corrected by operation of law by filing an
9    amendment to the declaration, approved by vote of
10    two-thirds of the members of the board of directors or a
11    majority vote of the unit owners at a meeting called for
12    that purpose, which proportionately adjusts all percentage
13    interests so that the total is equal to 100%, unless the
14    declaration specifically provides for a different
15    procedure or different percentage vote by the owners of the
16    units and the owners of mortgages thereon affected by
17    modification being made in the undivided interest in the
18    common areas, the number of votes in the unit owners
19    association or the liability for common expenses
20    appertaining to the unit.
21        (3) If an omission or error or a scrivener's error in
22    the declaration or other instrument is corrected by vote of
23    two-thirds of the members of the board of directors
24    pursuant to the authority established in subdivisions
25    (h)(1) or (h)(2) of this Section, the board, upon written
26    petition by unit owners with 20% of the votes of the



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



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1    other condominium instruments, but authorizes a simple
2    process of amendment requiring a lesser vote for the
3    purpose of correcting defects, errors, or omissions when
4    the property rights of the unit owners are not materially
5    or adversely affected.
6        (5) If there is an omission or error in the declaration
7    or other instruments that may not be corrected by an
8    amendment procedure set forth in subdivision (h)(1) or
9    (h)(2) of this Section, then the circuit court in the
10    county in which the master association is located shall
11    have jurisdiction to hear a petition of one or more of the
12    unit owners thereon or of the association, to correct the
13    error or omission, and the action may be a class action.
14    The court may require that one or more methods of
15    correcting the error or omission be submitted to the unit
16    owners to determine the most acceptable correction. All
17    unit owners in the association must be joined as parties to
18    the action. Service of process on owners may be by
19    publication, but the plaintiff shall furnish all unit
20    owners not personally served with process with copies of
21    the petition and final judgment of the court by certified
22    mail, return receipt requested, at their last known
23    address.
24        (6) Nothing contained in this Section shall be
25    construed to invalidate any provision of a declaration
26    authorizing the developer to amend an instrument prior to



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1    the latest date on which the initial membership meeting of
2    the unit owners must be held, whether or not it has
3    actually been held, to bring the instrument into compliance
4    with the legal requirements of the Federal National
5    Mortgage Association, the Federal Home Loan Mortgage
6    Corporation, the Federal Housing Administration, the
7    United States Veterans Administration or their respective
8    successors and assigns.
9    (i) The provisions of subsections (c) through (h) are
10applicable to all declarations, other condominium instruments,
11and other duly recorded covenants establishing the powers and
12duties of the master association recorded under this Act. Any
13portion of a declaration, other condominium instrument, or
14other duly recorded covenant establishing the powers and duties
15of a master association which contains provisions contrary to
16the provisions of subsection (c) through (h) shall be void as
17against public policy and ineffective. Any declaration, other
18condominium instrument, or other duly recorded covenant
19establishing the powers and duties of the master association
20which fails to contain the provisions required by subsections
21(c) through (h) shall be deemed to incorporate such provisions
22by operation of law.
23    (j) (Blank).
24(Source: P.A. 96-1045, eff. 7-14-10; 97-535, eff. 1-1-12;
2597-605, eff. 8-26-11; 97-813, eff. 7-13-12.)