Illinois Common Interest Community

Marie,

Are you saying that after the attorney restated the bylaws and CC&R's that he just handed a stack of papers to your board with no instructions as to how to implement them?

Usually amended CC&R's need to be approved by a percentage of owners, not the board. The exact percentage should be addressed in the old CC&R's but if they are silent state law may provide a means. To be enforceable they should be recorded wherever the previous CC&R's were recorded.

Bylaw revisions need to be implemented by whatever process is set forth in the old bylaws. The board itself may be able to implement the revisions or it may take a vote of owners to approve the changes.

One thing I have to ask about: You said yours became a CIC in 2010 and an attorney revised your documents "to reflect our new status." Are you saying that the attorney did this five years ago and no one has bothered to take the final steps to implement the revisions?

Any changes to the governing instruments should be recorded.

An internet search turned up the following:

The effective date for the Illinois Common Interest Community Association Act was July 29, 2010.

You can find a number of articles on the internet.

I found two different laws about changing your governing documents for the new law. (There may be others.)

"Sec. 1-15.(b) All provisions of the declaration, bylaws, and other community instruments severed by this Act shall be revised by the board of directors independent of the membership to comply with this Act."

"Sec. 1-60. Errors and omissions.
(a) If there is an omission or error in the declaration or other instrument of the association, the association may correct the error or omission by an amendment to the declaration or other instrument, as may be required to conform it to this Act, to any other applicable statute, or to the declaration. The amendment shall be adopted by vote of two-thirds of the members of the board of directors or by a majority vote of the members at a meeting called for that purpose, unless the Act or the declaration of the association specifically provides for greater percentages or different procedures."