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90_SB0358enr
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.
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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
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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
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1 becoming law.