765 ILCS 605/1
Short title
Short title. This Act shall be known and may be cited as the "Condominium Property Act." (Source: Laws 1963, p. 1120.)
Illinois Compiled Statutes 765 ILCS 605 — Condominium Property Act.
Illinois · statute · 765 ILCS 605 · 61 active provisions
Provisions
765 ILCS 605/2
Definitions
Definitions. As used in this Act, unless the context otherwise requires: (a) "Declaration" means the instrument by which the property is submitted to the provisions of this Act, as hereinafter provided, and such declaration as from time to time amended. (b) "Parcel" means the lot or lots, tract or tracts of land, descr…
765 ILCS 605/2.1
Applicability
Applicability. Unless otherwise expressly provided in another Section, the provisions of this Act are applicable to all condominiums in this State. Any provisions of a condominium instrument that contains provisions inconsistent with the provisions of this Act are void as against public policy and ineffective. (Source:…
765 ILCS 605/3
Submission of property
Submission of property. Whenever the owner or owners in fee simple, or the sole lessee or all lessees of a lease described in item (x) of Section 2, of a parcel intend to submit such property to the provisions of this Act, they shall do so by recording a declaration, duly executed and acknowledged, expressly stating su…
765 ILCS 605/4
Declaration - Contents
Declaration - Contents.) The declaration shall set forth the following particulars: (a) The legal description of the parcel. (b) The legal description of each unit, which may consist of the identifying number or symbol of such unit as shown on the plat. (c) The name of the condominium, which name shall include the word…
765 ILCS 605/4.1
Construction, interpretation, and validity of Condominium Instruments
Construction, interpretation, and validity of Condominium Instruments. (a) Except to the extent otherwise provided by the declaration or other condominium instruments: (1) The terms defined in Section 2 of this Act shall be deemed to have the meaning specified therein unless the context otherwise requires. (2) To the e…
765 ILCS 605/5
Plat to be recorded
Plat to be recorded.) Simultaneously with the recording of the declaration there shall be recorded a plat as defined in Section 2, which plat shall be made by a Registered Illinois Land Surveyor and shall set forth (1) all angular and linear data along the exterior boundaries of the parcel; (2) the linear measurements…
765 ILCS 605/6
Recording - Effect
Recording - Effect.) Upon compliance with the provisions of Sections 3, 4, and 5 and upon recording of the declaration and plat the property shall become subject to the provisions of this Act, and all units shall thereupon be capable of ownership in fee simple or any lesser estate, and may thereafter be conveyed, lease…
765 ILCS 605/7
Descriptions in deeds, etc
Descriptions in deeds, etc. Every deed, lease, mortgage or other instrument may legally describe a unit by its identifying number or symbol as shown on the plat and as set forth in the declaration, and every such description shall be deemed good and sufficient for all purposes, and shall be deemed to convey, transfer,…
765 ILCS 605/8
Partition of common elements prohibited
Partition of common elements prohibited. As long as the property is subject to the provisions of this Act the common elements shall, except as provided in Section 14 hereof, remain undivided, and no unit owner shall bring any action for partition or division of the common elements. Any covenant or agreement to the cont…
765 ILCS 605/9
Sharing of expenses - Lien for nonpayment
Sharing of expenses - Lien for nonpayment. (a) All common expenses incurred or accrued prior to the first conveyance of a unit shall be paid by the developer, and during this period no common expense assessment shall be payable to the association. It shall be the duty of each unit owner including the developer to pay h…
765 ILCS 605/9.1
(a) Other liens; attachment and satisfaction
(a) Other liens; attachment and satisfaction. Subsequent to the recording of the declaration, no liens of any nature shall be created or arise against any portion of the property except against an individual unit or units. No labor performed or materials furnished with the consent or at the request of a particular unit…
765 ILCS 605/9.2
Other remedies
Other remedies. (a) In the event of any default by any unit owner, his tenant, invitee or guest in the performance of his obligations under this Act or under the declaration, bylaws, or the rules and regulations of the board of managers, the board of managers or its agents shall have such rights and remedies as provide…
765 ILCS 605/9.3
Eminent domain proceedings; standing
Eminent domain proceedings; standing. The unit owners' association shall be named as defendant on behalf of all unit owners in any eminent domain proceeding to take or damage property which is a common element and which includes no portions of any units or limited common elements. The association shall act therein on b…
765 ILCS 605/9.4
Eminent domain proceedings; notice
Eminent domain proceedings; notice. After receipt of summons in an action to take or damage a common element, the unit owners' association shall provide to the plaintiff a list of the unit owners, mortgagees and lienholders, and the plaintiff shall provide notice by certified mail to the unit owners, mortgagees and lie…
765 ILCS 605/9.5
Successor developers
Successor developers. Any assignment of a developer's interest in the property is not effective until the successor: (i) obtains the assignment in writing; and (ii) records the assignment. (Source: P.A. 99-569, eff. 1-1-17.)
765 ILCS 605/10
Separate taxation
Separate taxation. (a) Real property taxes, special assessments, and any other special taxes or charges of the State of Illinois or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed against and levied upon real property shall be assessed against a…
765 ILCS 605/11
Tax deeds
Tax deeds. In the event any person shall acquire or be entitled to the issuance of a tax deed conveying the interest of any unit owner, the interest so acquired shall be subject to all the provisions of this Act and to the terms, provisions, covenants, conditions and limitations contained in the declaration, the plat,…
765 ILCS 605/12
Insurance
Insurance. (a) Required coverage. No policy of insurance shall be issued or delivered to a condominium association, and no policy of insurance issued to a condominium association shall be renewed, unless the insurance coverage under the policy includes the following: (1) Property insurance. Property insurance (i) on th…
765 ILCS 605/12.1
Insurance risk pooling trusts
Insurance risk pooling trusts. (a) This Section shall be known and may be cited as the Condominium and Common Interest Community Risk Pooling Trust Act. (b) The boards of managers or boards of directors, as the case may be, of two or more condominium associations or common interest community associations, are authorize…
765 ILCS 605/13
Application of insurance proceeds to reconstruction
Application of insurance proceeds to reconstruction. In case of fire or any other disaster the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building as used in this and succeeding Section 14 of this Act, means restoring the building to sub…
765 ILCS 605/14
Disposition of property where insurance proceeds are insufficient for reconstruction
Disposition of property where insurance proceeds are insufficient for reconstruction.) (1) In case of fire or other disaster, if the insurance proceeds are insufficient to reconstruct the building and the unit owners and all other parties in interest do not voluntarily make provision for reconstruction of the building…
765 ILCS 605/14.1
Disposition or removal of any portion of the property
Disposition or removal of any portion of the property. (a) The condominium instruments may provide for the withdrawal of any portion of the property in connection with eminent domain proceedings in compliance with the provisions of this Act. Upon the withdrawal of any unit or portion thereof, the percentage of interest…
765 ILCS 605/14.2
Street and utilities dedication
Street and utilities dedication. Unless the condominium instrument expressly provides for a greater percentage or different procedures a two-thirds majority of the unit owners at a meeting of unit owners duly called for such purpose may elect to dedicate a portion of the common elements to a public body for use as, or…
765 ILCS 605/14.3
Granting of easement for laying of cable television or high speed Internet cable
Granting of easement for laying of cable television or high speed Internet cable. Unless the condominium instrument expressly provides for a greater percentage or different procedures a majority of more than 50% of the unit owners at a meeting of unit owners duly called for such purpose may authorize the granting of an…
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