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Illinois Statutes Chapter 765. Property § 605/18.9. Common elements; rights of board

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 18.9. Common elements; rights of board.

(a) Any provision in a condominium instrument is void as against public policy and ineffective if it limits or restricts the rights of the board of managers by:

(1) requiring the prior consent of the unit owners in order for the board of managers to take any action, including the institution of any action in court or a demand for a trial by jury; or

(2) notwithstanding Section 32 of this Act, requiring the board of managers to arbitrate or mediate a dispute with any one or more of all of the declarants under the condominium instruments or the developer or any person not then a unit owner prior to the institution of any action by the board of managers or a demand for a trial by jury.

(b) A provision in a declaration which would otherwise be void and ineffective under this Section may be enforced if it is approved by a vote of not less than 75% of the unit owners at any time after the election of the first unit owner board of managers.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 765. Property § 605/18.9. Common elements; rights of board - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-765-property/il-st-sect-765-605-18-9/

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